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Social Partnership and Public Procurement (Wales) Act 2023

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27Social public works clauses in major construction contracts
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(1)The Welsh Ministers must publish model clauses for major construction contracts (“social public works clauses”) designed to bring about the improvements to economic, social, environmental and cultural well-being listed under each category in the Table in subsection (2).

(2)The categories and improvements are—

TABLE 1
CategoryImprovements
PaymentsEnsuring and enforcing prompt payments.
EmploymentProviding employment opportunities to younger people, older people, the long term unemployed, people with disabilities or people who may otherwise be disadvantaged (for example because of their race, religion or belief, sex, gender identity or sexual orientation).
ComplianceEnsuring compliance with legal obligations in relation to employment rights (including the minimum and living wage), health and safety, and trade union representation.
TrainingProviding appropriate training for workers.
Sub-contractingProviding opportunities to small and medium sized enterprises and voluntary organisations to execute works, supply products or provide services.
EnvironmentRequiring sustainable management of natural resources, use of sustainable materials, resilience to the impact of climate change, reduction of greenhouse gas emissions, and enhancement of the natural environment and biodiversity.

(3)A reference in this Part to a contracting authority including social public works clauses in major construction contracts—

(a)is a reference to all of the model contract clauses published in respect of each of the improvements under the categories in subsection (2), and

(b)means incorporating clauses that have the same or substantially the same effect as the published model contract clauses.

(4)The Welsh Ministers may by regulations amend subsection (2)—

(a)to add a category, and improvements under that category, to the Table;

(b)to remove a category, and improvements under that category, from the Table;

(c)to amend a category or improvements under a category in the Table.

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