Social Partnership and Public Procurement (Wales) Act (Commencement No. 4): overview and coming into force dates
When each section of Commencement No. 4 of the Act comes into effect and what they involve.
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Sections
Section 22(2) (contracting authorities)
Coming into force date: 25 March 2026
Description: Clarifies when Welsh Minister's are not included in the meaning of a "contracting authority".
Section 24(1) to (7) (socially responsible procurement duty)
Coming into force date: 25 March 2026
Description: Requires a contracting authority to seek to improve the economic, social, environmental and cultural well-being of its area by carrying out public procurement in a socially responsible way. This section of the Act details how this is to be done, and includes the requirement to set and publish objectives.
Section 25(1) (socially responsible procurement duty: major construction contracts)
Coming into force date: 25 March 2026
Description: Requires a contracting authority to take all actions required by the Act associated with major construction contracts and social public works clauses (i.e. have regard, consider inclusion in relevant contracts, taking all reasonable steps to include the clauses, ensuring implementation).
Section 26(1) (socially responsible procurement duty: outsourcing services contracts)
Coming into force date: 25 March 2026
Description: Requires a contracting authority to take all actions required by the Act associated with outsourcing services contracts and public services outsourcing and workforce code/ clauses (i.e. have regard, consider inclusion in relevant contracts, taking all reasonable steps to include the clauses, ensuring implementation).
Section 28 (social public works clauses in subcontracts)
Coming into force date: 25 March 2026
Description: Requires a contracting authority to take all actions required by the Act associated with major construction contracts and social public works clauses in subcontracts (i.e. taking all reasonable steps to ensure the clauses are implemented where the contractor enters into a subcontract).
Section 29 (social public works clauses: notifying the Welsh Ministers)
Coming into force date: 25 March 2026
Description: Requires a contracting authority to notify Welsh Ministers in circumstances defined in the Act and as soon as reasonably practicable in relation to a major construction contract and social public works clauses.
Section 30 (social public works clauses: Welsh Ministers’ response)
Coming into force date: 25 March 2026
Description: Requires Welsh Ministers to respond to a notification in the way set out in the Act. This could include publication of a summary of the notification, their reasons for being satisfied or not, and publication of a direction.
Section 31 (social public works clauses: Welsh Ministers’ contracts)
Coming into force date: 25 March 2026
Description: Requires Welsh Ministers to publish a statement in circumstances defined in the Act and as soon as reasonably practicable in relation to a major construction contract and social public works clauses.
Section 34 (social public workforce clauses in subcontracts)
Coming into force date: 25 March 2026
Description: Requires a contracting authority to take all actions required by the Act associated with an outsourcing services contract and social public workforce clauses in subcontracts (i.e. taking all reasonable steps to ensure the clauses are implemented where the contractor enters into a subcontract).
Section 35 (social public workforce clauses: notifying the Welsh Ministers)
Coming into force date: 25 March 2026
Description: Requires a contracting authority to notify Welsh Ministers in circumstances defined in the Act and as soon as reasonably practicable in relation to an outsourcing contract and social public workforce clauses.
Section 36 (social public workforce clauses: Welsh Ministers’
response)
Coming into force date: 25 March 2026
Description: Requires Welsh Ministers to respond to a notification in the way set out in the Act. This could include publication of a summary of the notification, their reasons for being satisfied or not, and publication of a direction.
Section 37 (social public workforce clauses: Welsh Ministers’
contracts)
Coming into force date: 25 March 2026
Description: Requires Welsh Ministers to publish a statement in circumstances defined in the Act and as soon as reasonably practicable in relation to an outsourcing services contract and social public workforce clauses.
Section 38 (procurement strategy)
Coming into force date: 25 March 2026
Description: Requires a contracting authority to prepare and publish a procurement strategy and review each year.
Section 39 (annual socially responsible procurement reports), for all remaining purposes
Coming into force date: 1 April 2026
Description: Requires a contracting authority to publish their annual socially responsible procurement report as soon as reasonably practicable after the end of the financial year. The first annual report will cover 2026/27.
Section 40 (contracts register), for all remaining purposes
Coming into force date: 25 March 2026
Description: Requires a contracting authority to create, maintain and publish a contracts register.
Section 41 (procurement investigations)
Coming into force date: 25 March 2026
Description: Permits Welsh Ministers to investigate how a contracting authority carries out public procurement, and requires contracting authorities to provide documents or information that the Welsh Ministers May require as part of the investigation.
Section 42 (Welsh Ministers’ annual report on public procurement)
Coming into force date: 1 April 2026
Description: Requires Welsh Ministers to publish an annual report on public procurement in Wales and lay a copy before the Senedd.
Schedule 2 (socially responsible procurement objectives)
Coming into force date: 25 March 2026
Description: Requires a contracting authority to review, revise and publish their socially responsible procurement objectives in circumstances outlined in Schedule 2 of the Act.