PART 3

SOCIALLY RESPONSIBLE PUBLIC PROCUREMENT
CHAPTER 2

SOCIALLY RESPONSIBLE PROCUREMENT DUTY

The socially responsible procurement duty

Socially responsible procurement duty: outsourcing services contracts
26
1
The particular actions mentioned in section 24(5)(c) are—
a
having regard to the public services outsourcing and workforce code published by the Welsh Ministers under section 32;
b
in designing and carrying out procedures preceding the award of the outsourcing services contract, considering whether the contract should include social public workforce clauses;
c
in negotiating and awarding the contract, taking all reasonable steps—
i
to include any social public workforce 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 workforce clauses included in the contract are implemented;
(see sections 32 to 37 for further provision about the public services outsourcing and workforce code, the meaning of “social public workforce clauses” and their application to outsourcing services contracts).
2
In this Part, “an outsourcing services contract” means a contract under which—
a
a requirement to provide a public service provided by, or previously provided by, a contracting authority is transferred to another person, or
b
another person agrees to undertake any other function undertaken by, or previously undertaken by, a contracting authority;
and “outsourced” is to be construed accordingly.
S. 26 not in force at Royal Assent, see s. 48(1)
S. 26(2) in force at 21.3.2025 by S.I. 2025/338, art. 2(g)