- Latest available (Revised)
- Point in Time (20/03/2024)
- Original (As enacted)
Point in time view as at 20/03/2024.
There are currently no known outstanding effects for the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Section 3(4)
1The Public Contracts Regulations 2015 (S.I. 2015/102) are amended as follows.
Commencement Information
I1Sch. para. 1 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
2(1)Regulation 9 (public contracts awarded, and design contests organised, pursuant to international rules) is amended as follows.
(2)In paragraph (1)—
(a)in the words before sub-paragraph (a), omit “any of the following”;
(b)omit sub-paragraph (b).
(3)For paragraph (2) substitute—
“(2)This Part does not apply to a relevant international public contract or design contest in a case where the applicable procurement rules restrict the participation of economic operators in the procedure.
(2A)In the case of a relevant international public contract or design contest where the applicable procurement rules do not restrict the participation of economic operators in the procedure, the only provision of this Part that applies is regulation 25B (equal treatment of economic operators).”
(4)Omit paragraph (3).
(5)In paragraph (4), omit “paragraphs (1) to (3) of”.
(6)At the end insert—
“(5)In this regulation, “relevant international public contract or design contest” means a public contract or design contest that—
(a)the contracting authority awards or organises in accordance with procurement rules provided by an international organisation or international financing institution, and
(b)is fully financed, or co-financed for the most part, by that organisation or institution.”
Commencement Information
I2Sch. para. 2 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
3In regulation 50 (contract award notices), in paragraph (2)(a), after paragraph (ii) insert—
“(iia)in paragraph 13, the words “or the highest tender and lowest tender taken into consideration” were omitted;”.
Commencement Information
I3Sch. para. 3 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
4In Schedule 4A (international trade agreements), at the end insert—
“Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Santiago on 8 March 2018, including the Protocol on the Accession of the United Kingdom of Great Britain and Northern Ireland to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Auckland and Bandar Seri Begawan on 16 July 2023.”
Commencement Information
I4Sch. para. 4 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
5The Concession Contracts Regulations 2016 (S.I. 2016/273) are amended as follows.
Commencement Information
I5Sch. para. 5 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
6(1)Regulation 10 (general exclusions) is amended as follows.
(2)In paragraph (5)—
(a)in the words before sub-paragraph (a), omit “any of the following”;
(b)omit sub-paragraph (b).
(3)For paragraph (6) substitute—
“(6)These Regulations do not apply to a relevant international concession contract in a case where the applicable procurement rules restrict the participation of economic operators in the procedure.
(6A)In the case of a relevant international concession contract where the applicable procurement rules do not restrict the participation of economic operators in the procedure, the only regulation that applies is regulation 8 (equal treatment of economic operators).”
(4)Omit paragraph (7).
(5)In paragraph (8), for “(7)” substitute “(6A)”.
(6)After paragraph (8) insert—
“(8A)In this regulation, “relevant international concession contract” means a concession contract that—
(a)the contracting authority or utility awards in accordance with procurement rules provided by an international organisation or international financing institution, and
(b)is fully financed, or co-financed for the most part, by that organisation or institution.”
Commencement Information
I6Sch. para. 6 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
7In Schedule 4 (international trade agreements), at the end insert—
“Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Santiago on 8 March 2018, including the Protocol on the Accession of the United Kingdom of Great Britain and Northern Ireland to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Auckland and Bandar Seri Begawan on 16 July 2023.”
Commencement Information
I7Sch. para. 7 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
8The Utilities Contracts Regulations 2016 (S.I. 2016/274) are amended as follows.
Commencement Information
I8Sch. para. 8 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
9(1)Regulation 20 (contracts awarded and design contests organised pursuant to international rules) is amended as follows.
(2)In paragraph (1)—
(a)in the words before sub-paragraph (a), omit “any of the following”;
(b)omit sub-paragraph (b).
(3)For paragraph (2) substitute—
“(2)These Regulations do not apply to a relevant international contract or design contest in a case where the applicable procurement rules restrict the participation of economic operators in the procedure.
(2A)In the case of a relevant international contract or design contest where the applicable procurement rules do not restrict the participation of economic operators in the procedure, the only regulation that applies is regulation 43B (equal treatment of economic operators).”
(4)Omit paragraph (3).
(5)In paragraph (4), omit “paragraphs (1) to (3) of”.
(6)At the end insert—
“(5)In this regulation, “relevant international contract or design contest” means a contract or design contest that—
(a)the utility awards or organises in accordance with procurement rules provided by an international organisation or international financing institution, and
(b)is fully financed, or co-financed for the most part, by that organisation or institution.”
Commencement Information
I9Sch. para. 9 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
10In regulation 70 (contract award notices), in paragraph (2)(a), after paragraph (iii) insert—
“(iiia)in paragraph 12, for the words from “or the prices” to the end there were substituted “for the contract awarded”;”.
Commencement Information
I10Sch. para. 10 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
11In Schedule 3 (international trade agreements), at the end insert—
“Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Santiago on 8 March 2018, including the Protocol on the Accession of the United Kingdom of Great Britain and Northern Ireland to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Auckland and Bandar Seri Begawan on 16 July 2023.”
Commencement Information
I11Sch. para. 11 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
12The Public Contracts (Scotland) Regulations 2015 (S.S.I. 2015/446) are amended as follows.
Commencement Information
I12Sch. para. 12 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
13(1)Regulation 10 (exclusions: public contracts awarded, and design contests organised, pursuant to international rules) is amended as follows.
(2)In paragraph (1), omit sub-paragraph (b) (and the “or” preceding it).
(3)For paragraph (2) substitute—
“(2)These Regulations do not apply to procurement for the award of a relevant international public contract or the organisation of a relevant international design contest in a case where the applicable procurement rules restrict the participation of economic operators in the procedure.
(2A)In the case of procurement for the award of a relevant international public contract or relevant international design contest where the applicable procurement rules do not restrict the participation of economic operators in the procedure, the only regulation that applies to the procurement is regulation 26B (equal treatment of economic operators).”
(4)At the end insert—
“(4)In this regulation, “relevant international public contract” and “relevant international design contest” mean a public contract or design contest that—
(a)the contracting authority awards or organises in accordance with procurement rules provided by an international organisation or international financing institution, and
(b)is fully financed, or co-financed for the most part, by that organisation or institution.”
Commencement Information
I13Sch. para. 13 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
14In regulation 51 (contract award notices), in paragraph (2)(a), after paragraph (ii) insert—
“(iia)in paragraph 13, the words “or the highest tender and lowest tender taken into consideration” were omitted,”.
Commencement Information
I14Sch. para. 14 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
15In Schedule 4A (international trade agreements), at the end insert—
“Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Santiago on 8 March 2018, including the Protocol on the Accession of the United Kingdom of Great Britain and Northern Ireland to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Auckland and Bandar Seri Begawan on 16 July 2023.”
Commencement Information
I15Sch. para. 15 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
16The Utilities Contracts (Scotland) Regulations 2016 (S.S.I. 2016/49) are amended as follows.
Commencement Information
I16Sch. para. 16 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
17(1)Regulation 19 (exclusion: contracts awarded and design contests organised pursuant to international rules) is amended as follows.
(2)In paragraph (1), omit sub-paragraph (b) (and the “or” preceding it).
(3)For paragraph (2) substitute—
“(2)These Regulations do not apply to procurement for the award of a relevant international contract or the organisation of a relevant international design contest in a case where the applicable procurement rules restrict the participation of economic operators in the procedure.
(2A)In the case of procurement for the award of a relevant international public contract or relevant international design contest where the applicable procurement rules do not restrict the participation of economic operators in the procedure, the only regulation that applies to the procurement is regulation 41B (equal treatment of economic operators).”
(4)At the end insert—
“(4)In this regulation, “relevant international contract” and “relevant international design contest” mean a contract or design contest that—
(a)the utility undertakes or organises in accordance with procurement rules provided by an international organisation or international financing institution, and
(b)is fully financed, or co-financed for the most part, by that organisation or institution.”
Commencement Information
I17Sch. para. 17 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
18In regulation 68 (contract award notices), in paragraph (2)(a), after paragraph (iii) insert—
“(iiia)in paragraph 12, for the words from “or the prices” to the end there were substituted “for the contract awarded”,”.
Commencement Information
I18Sch. para. 18 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
19In Schedule 2A (international trade agreements), at the end insert—
“Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Santiago on 8 March 2018, including the Protocol on the Accession of the United Kingdom of Great Britain and Northern Ireland to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Auckland and Bandar Seri Begawan on 16 July 2023.”
Commencement Information
I19Sch. para. 19 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
20The Concession Contracts (Scotland) Regulations 2016 (S.S.I. 2016/65) are amended as follows.
Commencement Information
I20Sch. para. 20 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
21(1)Regulation 10 (exclusions: concession contracts awarded pursuant to international rules) is amended as follows.
(2)In paragraph (1), omit sub-paragraph (b) (and the “or” preceding it).
(3)For paragraph (2) substitute—
“(2)These Regulations do not apply to procurement for the award of a relevant international concession contract in a case where the applicable procurement rules restrict the participation of economic operators in the procedure.
(2A)In the case of procurement for the award of a relevant international concession contract where the applicable procurement rules do not restrict the participation of economic operators in the procedure, the only regulation that applies to the procurement is regulation 28 (equal treatment of economic operators).”
(4)At the end insert—
“(4)In this regulation, “relevant international concession contract” means a concession contract that—
(a)the contracting entity undertakes or organises in accordance with procurement rules provided by an international organisation or international financing institution, and
(b)is fully financed, or co-financed for the most part, by that organisation or institution.”
Commencement Information
I21Sch. para. 21 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
22In Schedule 5 (international trade agreements), at the end insert—
“Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Santiago on 8 March 2018, including the Protocol on the Accession of the United Kingdom of Great Britain and Northern Ireland to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Auckland and Bandar Seri Begawan on 16 July 2023.”
Commencement Information
I22Sch. para. 22 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
23U.K.The amendments made by this Schedule do not apply to a procurement commenced before the day on which this Schedule comes into force (the “Schedule commencement date”).
Commencement Information
I23Sch. para. 23 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
24(1)For the purposes of paragraph 23, a procurement is commenced before the Schedule commencement date if any of sub-paragraphs (2) to (4) apply in relation to the procurement.U.K.
(2)This sub-paragraph applies if, before the Schedule commencement date, a notice has been sent to the UK e-notification service in order to—
(a)invite offers or requests to be selected to tender for or negotiate in respect of a proposed contract, framework agreement or dynamic purchasing system, or
(b)publicise an intention to hold a design contest.
(3)This sub-paragraph applies if, before the Schedule commencement date, the contracting authority or utility has had published any form of advertisement seeking offers or expressions of interest in respect of a proposed contract, framework agreement or dynamic purchasing system.
(4)This sub-paragraph applies if, before the Schedule commencement date, the contracting authority or utility has contacted any economic operator in order to—
(a)seek expressions of interest or offers in respect of a proposed contract, framework agreement or dynamic purchasing system, or
(b)respond to an unsolicited expression of interest or offer received from that economic operator in respect of a proposed contract, framework agreement or dynamic purchasing system.
Commencement Information
I24Sch. para. 24 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
25U.K.Procedures taken for the purposes of modifying a contract or framework agreement are not to be treated as affecting the date on which the procurement for the award of that contract or agreement commenced.
Commencement Information
I25Sch. para. 25 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
26U.K.In this Part of this Schedule—
(a)the following terms have the same meaning as in the applicable Procurement Regulations—
(i)contracting authority;
(ii)design contest;
(iii)dynamic purchasing system;
(iv)economic operator;
(v)framework agreement;
(vi)procurement;
(vii)UK e-notification service;
(viii)utility, and
(b)“the applicable Procurement Regulations” means whichever of the following applies to the procurement in question—
(i)the Public Contracts Regulations 2015 (S.I. 2015/102);
(ii)the Concession Contracts Regulations 2016 (S.I. 2016/273);
(iii)the Utilities Contracts Regulations 2016 (S.I. 2016/274);
(iv)the Public Contracts (Scotland) Regulations 2015 (S.S.I. 2015/446);
(v)the Utilities Contracts (Scotland) Regulations 2016 (S.S.I. 2016/49);
(vi)the Concession Contracts (Scotland) Regulations 2016 (S.S.I. 2016/65).
Commencement Information
I26Sch. para. 26 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: