Social Partnership and Public Procurement (Wales) Act 2023

25 Socially responsible procurement duty: major construction contracts

(1) The particular actions mentioned in section 24(5)(b) are—

(a) having regard to model social public works clauses published by the Welsh Ministers under section 27;

(b) in designing and carrying out procedures preceding the award of the major construction contract, considering whether the contract should include social public works clauses;

(c) in negotiating and awarding the contract, taking all reasonable steps—

(i) to include any social public works clauses it considers should be included;

(ii) to ensure that clauses included in the contract can be implemented;

(d) in managing the contract, taking all reasonable steps to ensure that any social public works clauses included in the contract are implemented;

(see sections 27 to 31 for further provision about the meaning of “social public works clauses” and their application to major construction contracts).

(2) In this Part, a “major construction contract” is a public contract with an estimated value equal to or greater than £2,000,000, which is—

(a) a public works contract,

(b) a works contract, or

(c) a works concession contract.

(3) The Welsh Ministers may by regulations amend this section to modify the meaning of a major construction contract.