Social Partnership and Public Procurement (Wales) Act 2023

16 Social partnership duty

(1) In carrying out sustainable development, a public body must, in so far as is reasonable, seek consensus or compromise with its recognised trade unions or (where there is no recognised trade union) other representatives of its staff on—

(a) the well-being objectives to be set under section 3(2)(a) of the WFGA 2015;

(b) decisions of a strategic nature to be made about the reasonable steps the body takes (in the exercise of its functions) to meet those objectives under section 3(2)(b) of the WFGA 2015.

(2) For the purposes of subsection (1), in order to seek consensus or compromise a public body must include its recognised trade unions or other representatives of its staff in the process of setting objectives or making decisions, by (in particular)—

(a) consulting them at a formative stage of the process, and

(b) otherwise involving them throughout the process by—

(i) providing sufficient information to enable them to properly consider what is proposed, and

(ii) providing sufficient time to enable them to adequately consider what is proposed and respond.

(3) In considering what is reasonable under subsection (1) a public body must take into account guidance published by the Welsh Ministers.

(4) The Welsh Ministers must consult with the SPC before publishing the guidance referred to in subsection (3).