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Social Partnership and Public Procurement (Wales) Act 2023 (asc1)

Social Partnership and Public Procurement (Wales) Act 2023 2023 asc 1 An Act of Senedd Cymru to make provision about sustainable development in accordance with a principle of social partnership; about socially responsible public procurement; establishing a Social Partnership Council for Wales; and for connected purposes. [24 May 2023] Having been passed by Senedd Cymru and having received the assent of His Majesty, it is enacted as follows:

Legislation

Table of Content

1. Social Partnership Council for Wales E+W

2. Membership of the Social Partnership Council for Wales E+W

3. Employer representatives E+W

4. Worker representatives E+W

5. Nomination of appointed members E+W

6. Operation and administration E+W

7. Meetings, procedures and administrative support E+W

8. Subgroups E+W

9. Public procurement subgroup E+W

10. Provision of information and advice to the SPC by public procurement subgroup E+W

11. Meeting remotely E+W

12. Expenses E+W

13. Interpretation E+W

14. Interpretation of Part 1 E+W

15. Overview of Part and interpretation E+W

16. Social partnership duty E+W

17. Social partnership duty: Welsh Ministers E+W

18. Social partnership reports E+W

19. Social partnership reports: Welsh Ministers E+W

20. Key concepts E+W

21. Public contracts E+W

22. Contracting authorities E+W

23. The socially responsible procurement duty E+W

24. Socially responsible procurement duty E+W

25. Socially responsible procurement duty: major construction contracts E+W

26. Social public works clauses E+W

27. Social public works clauses in major construction contracts E+W

28. Social public works clauses in subcontracts E+W

29. Social public works clauses: notifying the Welsh Ministers E+W

30. Social public works clauses: Welsh Ministers’ response E+W

31. Social public workforce clauses and code of practice on outsourcing public services E+W

32. Public services outsourcing and workforce code E+W

33. Social public workforce clauses in outsourcing services contracts E+W

34. Social public workforce clauses in subcontracts E+W

35. Social public workforce clauses: notifying the Welsh Ministers E+W

36. Social public workforce clauses: Welsh Ministers’ response E+W

37. Procurement strategies E+W

38. Procurement strategy E+W

39. Annual socially responsible procurement reports E+W

40. Contracts register E+W

41. Procurement investigations E+W

42. Welsh Ministers’ annual report on public procurement E+W

43. Guidance E+W

44. Regulations E+W

45. Interpretation of Part 3 E+W

46. General interpretation E+W

47. Minor amendment of the WFGA 2015 E+W

48. Coming into force E+W

49. Short title E+W

1. Social Partnership Council for Wales E+W

2. Membership of the Social Partnership Council for Wales E+W

3. Employer representatives E+W

4. Worker representatives E+W

5. Nomination of appointed members E+W

6. Operation and administration E+W

7. Meetings, procedures and administrative support E+W

8. Subgroups E+W

9. Public procurement subgroup E+W

10. Provision of information and advice to the SPC by public procurement subgroup E+W

11. Meeting remotely E+W

12. Expenses E+W

13. Interpretation E+W

14. Interpretation of Part 1 E+W

15. Overview of Part and interpretation E+W

16. Social partnership duty E+W

17. Social partnership duty: Welsh Ministers E+W

18. Social partnership reports E+W

19. Social partnership reports: Welsh Ministers E+W

20. Key concepts E+W

21. Public contracts E+W

22. Contracting authorities E+W

23. The socially responsible procurement duty E+W

24. Socially responsible procurement duty E+W

25. Socially responsible procurement duty: major construction contracts E+W

26. Social public works clauses E+W

27. Social public works clauses in major construction contracts E+W

28. Social public works clauses in subcontracts E+W

29. Social public works clauses: notifying the Welsh Ministers E+W

30. Social public works clauses: Welsh Ministers’ response E+W

31. Social public workforce clauses and code of practice on outsourcing public services E+W

32. Public services outsourcing and workforce code E+W

33. Social public workforce clauses in outsourcing services contracts E+W

34. Social public workforce clauses in subcontracts E+W

35. Social public workforce clauses: notifying the Welsh Ministers E+W

36. Social public workforce clauses: Welsh Ministers’ response E+W

37. Procurement strategies E+W

38. Procurement strategy E+W

39. Annual socially responsible procurement reports E+W

40. Contracts register E+W

41. Procurement investigations E+W

42. Welsh Ministers’ annual report on public procurement E+W

43. Guidance E+W

44. Regulations E+W

45. Interpretation of Part 3 E+W

46. General interpretation E+W

47. Minor amendment of the WFGA 2015 E+W

48. Coming into force E+W

49. Short title E+W

Section 1

(1) There is to be a Social Partnership Council for Wales (“ SPC ”). (2) For the purposes of improving economic, environmental, social, and cultural well-being (including by improving public services) in Wales, the SPC may provide information and advice to the Welsh Ministers in relation to— (a) the social partnership duties which this Act imposes on public bodies and the Welsh Ministers (see Part 2); (b) the pursuit of the “A prosperous Wales” well-being goal by public bodies when carrying out sustainable development under the WFGA 2015 (see Part 2); (c) the functions conferred on contracting authorities and the Welsh Ministers under Part 3 (socially responsible public procurement). (3) The SPC may provide information or advice on a matter referred to in subsection (2) of its own accord or in response to a request made by the Welsh Ministers. (4) Where the SPC receives a request from the Welsh Ministers under subsection (3), the SPC must provide the information or advice as soon as reasonably practicable. Commencement Information I1 S. 1 not in force at Royal Assent, see s. 48(1) I2 S. 1 in force at 29.7.2023 by S.I. 2023/794 , art. 2(a)

Section 2

(1) The SPC is to consist of the following members— (a) members from the Welsh Government (“Welsh Government members”), (b) 9 representatives of employers in Wales (“employer representatives”), and (c) 9 representatives of workers in Wales (“worker representatives”). (2) The Welsh Government members are to include the First Minister and, where invited by the First Minister from time to time— (a) any other Welsh Minister; (b) any Deputy Welsh Minister; (c) the Counsel General; (d) any member of staff of the Welsh Government. (3) The First Minister must appoint all the employer representatives and worker representatives (collectively, “appointed members”). (4) The First Minister must take all reasonable steps to appoint the initial 9 employer representatives and the initial 9 worker representatives within 6 months beginning with the day after this subsection comes into force. (5) In this Act, a reference to the “ Social Partnership Council for Wales ” or “ SPC ” is a reference to the members of the SPC acting jointly; accordingly, a function expressed as a function of the SPC is a function of each member that may only be exercised jointly with the other members. Commencement Information I3 S. 2 not in force at Royal Assent, see s. 48(1) I4 S. 2 in force at 29.7.2023 by S.I. 2023/794 , art. 2(b)