Social Partnership and Public Procurement (Wales) Act 2023

24 Socially responsible procurement duty

(1) A contracting authority must seek to improve the economic, social, environmental and cultural well-being of its area by carrying out public procurement in a socially responsible way.

(2) A contracting authority carries out public procurement in a socially responsible way by taking action, in accordance with the sustainable development principle, aimed at contributing to the achievement of the well-being goals listed in section 4 of the WFGA 2015 (referred to for the purposes of this Part as the “well-being goals”).

(3) A contracting authority must set and publish objectives (“socially responsible procurement objectives”) designed to maximise its contribution to achieving the well-being goals.

(4) Schedule 2 makes provision about revising and reviewing socially responsible procurement objectives.

(5) In taking action aimed at contributing to the achievement of the well-being goals, a contracting authority must—

(a) take all reasonable steps to meet its socially responsible procurement objectives when it carries out public procurement in relation to any prescribed contract;

(b) take the particular actions referred to in section 25 when it carries out public procurement in relation to a major construction contract;

(c) take the particular actions referred to in section 26 when it carries out public procurement in relation to an outsourcing services contract.

(6) Despite subsection (1), a contracting authority must not include provisions in a prescribed contract that—

(a) are not proportionate (taking into account the estimated value of the contract);

(b) would conflict with any other enactment or rule of law relating to public procurement.

(7) For the purposes of subsection (2), “the sustainable development principle” has the meaning given by section 5 of the WFGA 2015.

(8) In this Part, a “prescribed contract” means—

(a) a major construction contract (see section 25),

(b) an outsourcing services contract (see section 26), and

(c) any other public contract of a description prescribed by the Welsh Ministers by regulations.