Citation, commencement and extent

1. —(1) This Order may be cited as the Copyright and Performances (Application to Other Countries) (Amendment) (No. 2) Order 2024.

(2) This Order, except for this article and article 2, comes into force on the day on which the CPTPP enters into force for the United Kingdom( 5 ).

(3) This article and article 2 come into force immediately before the day mentioned in paragraph (2).

(4) This Order extends to England and Wales, Scotland and Northern Ireland.

(5) In this article—

“ the CPTPP ” means the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Santiago on 8 March 2018, including the UK Accession Protocol, as it has effect in the United Kingdom from time to time( 6 );

“ the UK Accession Protocol ” means 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( 7 ).

Amendment of the Copyright and Performances (Application to Other Countries) (Amendment) Order 2024

2. —(1)The Copyright and Performances (Application to Other Countries) (Amendment) Order 2024( 8 ) is amended as follows.

(2) In article 6 (amendments to Part 5 (performances) of the Copyright and Performances (Application to Other Countries) Order 2016), omit paragraph (1).

Amendment of the Copyright and Performances (Application to Other Countries) Order 2016

3.The Copyright and Performances (Application to Other Countries) Order 2016( 9 ) is amended in accordance with articles 4 to 7.

Restriction on the application of Part 2 of the Copyright, Designs and Patents Act 1988 to the United Kingdom, the Channel Islands, the Isle of Man, Gibraltar and countries which are party to the Rome Convention

4. For article 9 (restrictions on the application of Part 2 of the Act to countries that have made certain declarations under the Rome Convention( 10 )) substitute—

“ Restriction on the application of Part 2 of the Act to the United Kingdom, the Channel Islands, the Isle of Man, Gibraltar and countries which are party to the Rome Convention

9. —(1) This article applies to—

(a) the United Kingdom;

(b) the Channel Islands, the Isle of Man and Gibraltar; and

(c) a country which is a party to the Rome Convention.

(2) Where this article applies, Part 2 of the Act applies subject to the modification set out in paragraph (3).

(3) In section 182D(1) ( 11 ) (right to equitable remuneration for exploitation of sound recording), the reference to a qualifying performance shall be construed as a reference only to a performance which is a qualifying performance because it meets—

(a) Condition A or Condition B in section 181 ( 12 ) , or

(b) Condition C in that section by virtue of paragraph (a) of that Condition. ” .

Restriction on the application of Part 2 of the Copyright, Designs and Patents Act 1988 to countries which are party to WPPT but are not party to the Rome Convention

5. In article 11 (application of Part 2 of the Act to WPPT countries not party to the Rome Convention), after paragraph (3)(a) insert—

“ (aa) in section 182D(1) (right to equitable remuneration for exploitation of sound recording), the reference to a qualifying performance shall be construed as a reference only to a performance which is a qualifying performance because it meets Condition A or Condition B in section 181; ” .

Restriction on the application of Part 2 of the Copyright, Designs and Patents Act 1988 to Malta

6. —(1)Article 12A (application of Part 2 of the Act to Malta) is amended as follows.

(2) The existing text becomes paragraph (1).

(3) In that paragraph, after “is” insert “, subject to paragraphs (2) and (3),” .

(4) After that paragraph insert—

“ (2) Part 2 of the Act applies to Malta subject to the modification set out in paragraph (3).

(3) In section 182D(1) (right to equitable remuneration for exploitation of sound recording), the reference to a qualifying performance shall be construed as a reference only to a performance which is a qualifying performance because it meets—

(a) Condition A or Condition B in section 181, or

(b) Condition C in that section by virtue of paragraph (a) of that Condition. ” .

Saving

7. —(1)Article 13 (saving) is amended as follows.

(2) In paragraph (2), after “force,” insert “or as a consequence of the amendments made to this Order by the Copyright and Performances (Application to Other Countries) (Amendment) Order 2024 on or after those amendments coming into force,” .