Consultation on draft statutory guidance to be published under the Social Partnership and Public Procurement (Wales) Act 2023

The Welsh Government is consulting on draft statutory guidance required to be published under Part 3 of the Social Partnership and Public Procurement (Wales) Act 2023 (hereafter referred to as the SPPP Act). Welsh Ministers are seeking feedback from the Welsh public sector, employers, trade unions, social partners and any other interested parties before publishing the statutory guidance.

This consultation invites views on the statutory guidance to be published under Part 3 of the SPPP Act. Contracting Authorities listed in Schedule 1 of the SPPP Act will be required to have regard to this guidance.

Views are not sought on the policy intent because the policy intent is settled and grounded in the SPPP Act. This consultation invites views on whether the draft statutory guidance reflects the policy intent.

Respondents are asked to state whether they agree or disagree with the questions posed under each section. Where respondents disagree or strongly disagree, they have the opportunity to explain their reasoning. Comments should focus on whether the policy intention has been appropriately translated into the guidance. In addition, there are 3 questions relating to the Welsh Language.

Prior stakeholder engagement on the guidance has enabled us to streamline the consultation period, reducing it from 12 weeks to 8 weeks. This approach ensures that the statutory guidance can be published ahead of the anticipated commencement of Part 3 of the SPPP Act. In turn, this will allow Contracting Authorities to fully implement the Part 3 requirements from the date they come into force, delivering benefits for both Contracting Authorities and the wider public.

Section 43 of the SPPP Act provides that Welsh Ministers may issue guidance about the operation of Part 3: Socially Responsible Procurement. This guidance may make provision about the following matters, but is not restricted to them:

1. meeting the requirement in section 24(1) to carry out public procurement in a socially responsible way
2. setting socially responsible procurement objectives
3. taking all reasonable steps to meet socially responsible procurement objectives
4. social public works clauses
5. the public services outsourcing and workforce code
6. social public workforce clauses
7. consultation during the preparation of a procurement strategy
8. the form and content of procurement strategies and annual procurement reports
9. the process by which a contracting authority approves its procurement strategy;
10. joint procurement strategies.

Guidance relating to (e) and (f) on the public services outsourcing and workforce code and the social public workforce clauses was shared on 10 September 2025 as part of a consultation (The draft Public Services Outsourcing and Workforce Code) and closed on 3 December 2025. Guidance relating to (d) above, on social public works clauses, was shared on 24 November 2025 as part of a consultation (Draft Social Public Works Clauses) and will close on 19 January 2026. These sections of guidance are not, therefore, included in this consultation.

This consultation includes sections of statutory guidance covering the following topics:

1. Socially Responsible Procurement
2. Setting and meeting Socially Responsible Procurement Objectives
3. Notifications – Works and Workforce Clauses
4. Procurement Strategies
5. Annual Socially Responsible Procurement Reports
6. Contracts Registers
7. Procurement investigations

Following consideration of responses to the consultation, the final version of the statutory guidance will be published by Welsh Ministers.

Socially responsible procurement statutory guidance

This section of guidance refers to section 24 of the Act, and the definitions in sections 21 to 23. It makes provision about section 23, which intends to ensure that contracting authorities apply the sustainable development principle in seeking to achieve the well-being goals through all their public procurement. It explains how contracting authorities can do this in a proportionate way and provides examples of how this might be achieved through the different stages of a procurement process.

1a: To what extent do you agree or disagree that the policy intent for Socially Responsible Procurement has been appropriately translated into statutory guidance?

• Strongly agree
• Agree
• Neither agree nor disagree
• Disagree
• Strongly disagree

1b: If you answered disagree or strongly disagree to Question 1a, please explain why you do not believe the statutory guidance meets the requirement.

Setting and meeting socially responsible procurement objectives statutory guidance

This section of guidance refers to section 24 of the Act, which intends to promote socially responsible procurement by making provision about contracting authorities setting and publishing socially responsible procurement objectives. It explains how these objectives should be drafted and how contracting authorities can take all reasonable steps to achieve these in their prescribed procurements, including in the context of collaborative procurement.

2a: To what extent do you agree or disagree that the policy intent for Setting and meeting Socially Responsible Procurement Objectives has been appropriately translated into statutory guidance?

• Strongly agree
• Agree
• Neither agree nor disagree
• Disagree
• Strongly disagree

2b: If you answered disagree or strongly disagree to Question 2a, please explain why you do not believe the statutory guidance meets the requirement.

Notifications – Works and Workforce Clauses statutory guidance

This section of guidance supplements guidance already published for consultation relating to the social public works clauses and social public workforce clauses and the Public Services Outsourcing and Workforce Code. Sections 29 and 30 and sections 35 and 36 require contracting authorities to notify Welsh Ministers if they do not intend to include, or have not included the works or workforce clauses in a relevant contract. The guidance intends to balance the need for contracting authorities to include the clauses wherever possible with an acknowledgement that this may not be possible or proportionate in certain circumstances. It does this by making provision about what contracting authorities must do in practice, and how Welsh Ministers will respond and publish a summary of each notification.

3a: To what extent do you agree or disagree that the policy intent for Notifications has been appropriately translated into statutory guidance?

• Strongly agree
• Agree
• Neither agree nor disagree
• Disagree
• Strongly disagree

3b: If you answered disagree or strongly disagree to Question 3a, please explain why you do not believe the statutory guidance meets the requirement.

Procurement strategies statutory guidance

This section of guidance refers to section 38 of the Act which requires contracting authorities, either individually or collectively, to prepare and publish a procurement strategy. It intends to increase transparency by making provision for contracting authorities to publish details of how they intend to carry out procurement in a socially responsible way; the steps they will take to meet their procurement objectives; and how they will ensure that payments are made promptly. It sets out how authorities should meet this publication requirement, including consulting and seeking agreement on the procurement strategy and any subsequent amendments.

4a: To what extent do you agree or disagree that the policy intent for Procurement Strategies has been appropriately translated into statutory guidance?

• Strongly agree
• Agree
• Neither agree nor disagree
• Disagree
• Strongly disagree

4b: If you answered disagree or strongly disagree to Question 4a, please explain why you do not believe the statutory guidance meets the requirement.

Annual socially responsible procurement reports statutory guidance

This section of guidance refers to section 39 of the Act, which requires contracting authorities that have undertaken any prescribed procurements during the year to publish an annual report. It intends to improve the transparency of public procurement in Wales by making provision about setting out, each year, how contracting authorities have met their published objectives; providing a summary of the procurement they intend to carry out over the following two years; and reporting on figures calculated from specific features of the suppliers to whom they have awarded contracts during the year. This guidance also encourages contracting authorities to include other information, case studies and data that illustrates how they have met their socially responsible procurement duties during the year.

5a: To what extent do you agree or disagree that the policy intent for Annual Socially Responsible Procurement Reports has been appropriately translated into statutory guidance?

• Strongly agree
• Agree
• Neither agree nor disagree
• Disagree
• Strongly disagree

5b: If you answered disagree or strongly disagree to Question 5a, please explain why you do not believe the statutory guidance meets the requirement.

Contracts register statutory guidance

This section of guidance refers to section 40 of the Act which requires contracting authorities to publish a contracts register. It intends to increase the transparency of each authorities’ contracts by making provision about the contracts register including making use of the contract register feature in Sell2Wales, ensuring that the details are maintained, and providing a link to this on each authority’s website.

6a: To what extent do you agree or disagree that the policy intent for the Contract Register has been appropriately translated into statutory guidance?

• Strongly agree
• Agree
• Neither agree nor disagree
• Disagree
• Strongly disagree

6b: If you answered disagree or strongly disagree to Question 6a, please explain why you do not believe the statutory guidance meets the requirement.

Procurement investigations statutory guidance

This section of guidance refers to section 41 of the Act, which provides Welsh Ministers with powers to investigate how contracting authorities conduct their procurement. The guidance makes provision about investigations and intends to ensure contracting authorities comply with their procurement duties and to increase transparency in relation to Welsh Ministers publishing a report summarising the results of an investigation.

7a: To what extent do you agree or disagree that the policy intent for Procurement Investigations has been appropriately translated into statutory guidance?

• Strongly agree
• Agree
• Neither agree nor disagree
• Disagree
• Strongly disagree

7b: If you answered disagree or strongly disagree to Question 7a, please explain why you do not believe the statutory guidance meets the requirement.

Welsh Language

The Welsh Government has a duty when consulting to seek your views on the effects of our policy decisions on the Welsh language in line with policy making standards.

8a: What, in your opinion, would be the likely effects of the model statutory guidance on the Welsh language? We are particularly interested in any likely effects on opportunities to use the Welsh language and on not treating the Welsh language less favourably than English.

Do you think that there are opportunities to promote any positive effects?

Do you think that there are opportunities to mitigate any adverse effects?

8b: In your opinion, could the model statutory guidance be formulated or changed so as to:

• have positive effects or more positive effects on using the Welsh language and on not treating the Welsh language less favourably than English, or
• mitigate any negative effects on using the Welsh language and on not treating the Welsh language less favourably than English?

9. We have asked a number of specific questions. If you have any related issues which we have not specifically addressed, please use this space to report them:

Submit your comments by 23.55, 10 February 2026, in any of the following ways:

• complete our online form
• download, complete our response form and email: sociallyresponsiblepublicprocurementconsultation@gov.wales
• download, complete our response form and post to:

Corporate Services and Inspectorates
Commercial Procurement Division
Procurement Legislation Team
Welsh Government
Cathays Park
Cardiff
CF10 3NQ

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Number: WG51731

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