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Social Partnership and Public Procurement (Wales) Act 2023
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24Socially responsible procurement dutyE+W
This section has no associated Explanatory Notes
(1)A contracting authority must seek to improve the economic, social, environmental and cultural well-being of its area by carrying out public procurement in a socially responsible way.
(2)A contracting authority carries out public procurement in a socially responsible way by taking action, in accordance with the sustainable development principle, aimed at contributing to the achievement of the well-being goals listed in section 4 of the WFGA 2015 (referred to for the purposes of this Part as the “well-being goals”).
(3)A contracting authority must set and publish objectives (“socially responsible procurement objectives”) designed to maximise its contribution to achieving the well-being goals.
(4)Schedule 2 makes provision about revising and reviewing socially responsible procurement objectives.
(5)In taking action aimed at contributing to the achievement of the well-being goals, a contracting authority must—
(a)take all reasonable steps to meet its socially responsible procurement objectives when it carries out public procurement in relation to any prescribed contract;
(b)take the particular actions referred to in section 25 when it carries out public procurement in relation to a major construction contract;
(c)take the particular actions referred to in section 26 when it carries out public procurement in relation to an outsourcing services contract.
(6)Despite subsection (1), a contracting authority must not include provisions in a prescribed contract that—
(a)are not proportionate (taking into account the estimated value of the contract);
(b)would conflict with any other enactment or rule of law relating to public procurement.
(7)For the purposes of subsection (2), “the sustainable development principle” has the meaning given by section 5 of the WFGA 2015.
(8)In this Part, a “prescribed contract” means—
(a)a major construction contract (see section 25),
(b)an outsourcing services contract (see section 26), and
(c)any other public contract of a description prescribed by the Welsh Ministers by regulations.
Commencement Information
I1S. 24 not in force at Royal Assent, see s. 48(1)
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