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Social Partnership and Public Procurement (Wales) Act 2023

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This is the original version (as it was originally enacted).

PART 1THE SOCIAL PARTNERSHIP COUNCIL

Establishment and purpose

1Social 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.

2Membership 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.

3Employer 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.

4Worker 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.

5Nomination 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).

6Duration 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.

Operation and administration

7Meetings, 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.

8Subgroups

(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.

9Public 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.

10Provision 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).

11Meeting 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).

12Expenses

The Welsh Ministers may meet the expenses of—

(a)an employer representative;

(b)a worker representative;

(c)a member of a subgroup.

13Supplementary 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.

Interpretation

14Interpretation of Part 1

In this Part—

  • Deputy Welsh Minister” (“un o Ddirprwy Weinidogion Cymru”) means a person holding office under section 50 of the Government of Wales Act 2006 (c. 32);

  • employer” (“cyflogwr”) has the same meaning as in the Employment Rights Act 1996 (c. 18);

  • further education employer” (“cyflogwr addysg bellach”) means an employer in the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992 (c. 13);

  • “higher education employer” (“cyflogwr addysg uwch”) means an employer in the higher education sector within the meaning of section 91(5) of the Further and Higher Education Act 1992;

  • private sector employer” (“cyflogwr sector preifat”) means an employer that is not—

    (a)

    a body, office or holder of an office whose functions are wholly or mainly of a public nature,

    (b)

    a voluntary organisation employer,

    (c)

    a further education employer, nor

    (d)

    a higher education employer;

  • public body employer” (“cyflogwr corff cyhoeddus”) means an employer that is one of the persons listed as a “public body” in section 6(1) of the WFGA 2015, other than the Welsh Ministers;

  • voluntary organisation employer” (“cyflogwr sefydliad gwirfoddol”) means an employer that is a “relevant voluntary organisation” within the meaning of section 74(2) of the Government of Wales Act 2006 (c. 32).

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