Social Partnership and Public Procurement (Wales) Act 2023

Establishment and purpose

1 Social Partnership Council for Wales

(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.

2 Membership of the Social Partnership Council for Wales

(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.

3 Employer representatives

The employer representatives are to consist of individuals who the First Minister considers represent public body employers, private sector employers, voluntary organisation employers, higher education employers and further education employers.

4 Worker representatives

The worker representatives are to consist of individuals who the First Minister considers represent staff working for each category of employer referred to in section 3.

5 Nomination of appointed members

(1) Before appointing employer representatives, the First Minister must seek nominations from persons or bodies who the First Minister considers represent the views of the categories of employer referred to in section 3.

(2) Before appointing worker representatives, the First Minister must seek nominations from the body representing trade unions in Wales known as Wales TUC Cymru.

(3) When appointing employer representatives, the First Minister must have regard to any nominations made under subsection (1).

(4) When appointing worker representatives, the First Minister must only appoint individuals who have been nominated under subsection (2).

6 Duration of appointments

(1) Appointed members are appointed for 3 years unless—

(a) the First Minister terminates the appointment by notifying the member in writing, or

(b) the appointed member resigns by notifying the First Minister in writing.

(2) The First Minister must fill any vacancies as soon as reasonably practicable.