Social Partnership and Public Procurement (Wales) Act 2023

Operation and administration

7 Meetings, procedures and administrative support

(1) The SPC must meet at least 3 times in each 12 month period beginning with the day after the First Minister has made all the initial appointments mentioned in section 2.

(2) Where possible, the First Minister must chair the SPC’s meetings.

(3) Where it is not possible for the First Minister to chair a meeting, the meeting must be chaired by a Welsh Minister or Deputy Welsh Minister nominated by the First Minister.

(4) Within 6 months beginning with the day after this subsection comes into force, the Welsh Ministers must specify and publish—

(a) the quorum for SPC meetings, and

(b) the procedures to be followed by the SPC, in so far as they are not specified in this Act.

(5) The Welsh Ministers may, after consulting the SPC, revise anything specified under subsection (4) and must publish any such revisions.

(6) The SPC’s procedures must include—

(a) the procedures for arranging meetings including notice to be given to attendees and how attendees may add items to the agenda for meetings;

(b) the procedure for resolving a disagreement between members relating to the exercise of the SPC’s functions;

(c) the procedures for providing information and advice to the Welsh Ministers.

(7) The Welsh Ministers must make administrative support available to the SPC.

8 Subgroups

(1) The SPC may establish subgroups.

(2) A subgroup may—

(a) carry out any function delegated to it by the SPC;

(b) help the SPC carry out its functions in any ways specified by the SPC.

(3) A subgroup—

(a) must be chaired by a member of the SPC, and

(b) may include other members of the SPC and other individuals.

9 Public procurement subgroup

(1) The SPC must take all reasonable steps to establish a public procurement subgroup within 6 months beginning with the day after this subsection comes into force.

(2) Within 6 months beginning with the day after this subsection comes into force, the Welsh Ministers must specify and publish—

(a) the quorum for public procurement subgroup meetings, and

(b) the procedures to be followed by the public procurement subgroup, in so far as they are not specified in this Act.

(3) The Welsh Ministers may revise anything specified under subsection (2) and must publish any such revisions.

(4) The public procurement subgroup’s procedures must include—

(a) the procedures for arranging meetings including notice to be given to attendees and how attendees may add items to the agenda for meetings;

(b) the procedure for resolving a disagreement between members relating to the exercise of the subgroup’s functions;

(c) the procedures for providing information and advice to the SPC and the Welsh Ministers.

(5) The Welsh Ministers must issue guidance about the composition of the public procurement subgroup (including for the purpose of achieving an appropriately representative membership), and the SPC must have regard to that guidance.

10 Provision of information and advice to the SPC by public procurement subgroup

(1) The public procurement subgroup may provide information and advice to the SPC about the functions conferred on contracting authorities and the Welsh Ministers under Part 3 (socially responsible public procurement).

(2) The SPC may—

(a) provide to the Welsh Ministers information or advice received from the public procurement subgroup, or

(b) revise such information or advice and provide it as revised to the Welsh Ministers.

(3) If the Welsh Ministers request information or advice from the SPC about a matter referred to in subsection (1), the SPC must—

(a) seek that information or advice from the public procurement subgroup, and

(b) provide it, or revise it and provide it as revised, as soon as reasonably practicable.

(4) If the Welsh Ministers consult the public procurement subgroup under section 30(2)(d) or 36(2)(d), the procurement subgroup must provide the Welsh Ministers with such information and advice as it considers appropriate as soon as reasonably practicable.

(5) If a public procurement subgroup has not yet been established under section 9(1), the SPC may nevertheless provide information and advice to the Welsh Ministers about a matter referred to in subsection (1).

11 Meeting remotely

The SPC or a subgroup may hold a meeting by means of any equipment or other facility which enables persons who are not in the same place to speak to and be heard by each other (whether or not the equipment or facility enables those persons to see and be seen by each other).

12 Expenses

The Welsh Ministers may meet the expenses of—

(a) an employer representative;

(b) a worker representative;

(c) a member of a subgroup.

13 Supplementary powers

The SPC may do anything which is calculated to facilitate, or which is conducive or incidental to, the exercise of its functions or the functions of a subgroup.