Social Partnership and Public Procurement (Wales) Act 2023

CHAPTER 4 GENERAL

43 Guidance

(1) The Welsh Ministers may issue guidance about the operation of this Part.

(2) Guidance may, in particular, make provision about—

(a) meeting the requirement in section 24(1) to carry out public procurement in a socially responsible way;

(b) setting socially responsible procurement objectives;

(c) taking all reasonable steps to meet socially responsible procurement objectives;

(d) social public works clauses;

(e) the public services outsourcing and workforce code;

(f) social public workforce clauses;

(g) consultation during the preparation of a procurement strategy;

(h) the form and content of procurement strategies and annual procurement reports;

(i) the process by which a contracting authority approves its procurement strategy;

(j) joint procurement strategies.

(3) A contracting authority must have regard to relevant guidance published by the Welsh Ministers.

(4) Before issuing guidance under this Part, the Welsh Ministers must consult—

(a) the SPC;

(b) such other persons as they consider appropriate.

44 Regulations

(1) A power to make regulations under this Part—

(a) is exercisable by statutory instrument;

(b) includes the power to make different provision for different purposes;

(c) includes the power to make incidental, supplementary, consequential, transitional, transitory or saving provision.

(2) A statutory instrument containing regulations made under section 22(4), 24(8)(c), 25(3) or 27(4) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the Senedd.

(3) Any other statutory instrument containing regulations made under this Part is subject to annulment in pursuance of a resolution of the Senedd.

45 Interpretation of Part 3

(1) In this Part—

• “the Concession Contracts Regulations” (“y Rheoliadau Contractau Consesiwn”) means the Concession Contracts Regulations 2016 (S.I. 2016/273);

• “contracting authority” (“awdurdod contractio”) has the meaning given in section 22;

• “economic operator” (“gweithredwr economaidd”) means any person who offers the execution of works, the supply of products or the provision of services on the market;

• “framework agreement” (“cytundeb fframwaith”) means an agreement between one or more contracting authorities and one or more economic operators, the purpose of which is to establish the main terms governing public contracts (call-off contracts) to be awarded during a given period, in particular with regard to pricing the things envisaged to be procured and, where appropriate, their quantity;

• “outsourcing services contract” (“contract allanoli gwasanaethau”) has the meaning given in section 26(2);

• “prescribed contract” (“contract rhagnodedig”) has the meaning given in section 24(8);

• “the Public Contracts Regulations” (“y Rheoliadau Contractau Cyhoeddus”) means the Public Contracts Regulations 2015 (S.I. 2015/102);

• “public procurement” (“caffael cyhoeddus”) has the meaning given in section 23;

• “the public services outsourcing and workforce code” (“y cod allanoli gwasanaethau cyhoeddus a’r gweithlu”) has the meaning given in section 32(1);

• “public works contract” (“contract gweithiau cyhoeddus”) has the meaning given by regulation 2(1) of the Public Contracts Regulations;

• “social public workforce clauses” (“cymalau gweithlu cyhoeddus cymdeithasol”) has the meaning given in section 33;

• “social public works clauses” (“cymalau gweithiau cyhoeddus cymdeithasol”) has the meaning given in section 27;

• “the Utilities Contracts Regulations” (“y Rheoliadau Contractau Cyfleustodau”) means the Utilities Contracts Regulations 2016 (S.I. 2016/274);

• “voluntary organisations” (“sefydliadau gwirfoddol”) has the same meaning as “relevant voluntary organisations” within the meaning of section 74(2) of the Government of Wales Act 2006 (c. 32);

• “works” (“gweithiau”) has the meaning given by paragraph 2 of regulation 2(1) of the Public Contracts Regulations;

• “works concession contract” (“contract consesiwn gweithiau”) has the meaning given by regulations 2(1) and 3(2) of the Concession Contracts Regulations;

• “works contract” (“contract gweithiau”) has the meaning given by regulation 2(1) of the Utilities Contracts Regulations.

(2) For the purposes of this Part, the estimated value of a contract is to be determined in accordance with regulation 6(1) of the Public Contracts Regulations.