Social Partnership and Public Procurement (Wales) Act 2023

26 Socially responsible procurement duty: outsourcing services contracts

(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.