Explanatory note

These Regulations supplement the Social Partnership and Public Procurement (Wales) Act 2023 (“SPPPA 2023”).

SPPPA 2023 provides for a framework to promote the well-being of the people of Wales by enhancing sustainable development (including by improving public services) through social partnership working, promoting fair work and socially responsible procurement.

Regulation 3 defines an “excluded contract”; various provisions do not apply to excluded contracts.

Regulation 4 describes the contracts the Welsh Ministers also consider to be “prescribed contracts” under section 24(8) of SPPPA 2023. This relates to the socially responsible procurement duty and annual socially responsible procurement reports.

Regulation 5 describes the contracts the Welsh Ministers consider to be “registrable contracts” under section 40(2) of SPPPA 2023. This relates to a register of contracts published by the contracting authorities.

Regulation 6 sets out the information required by the Welsh Ministers to assess the extent to which a contracting authority, meeting its socially responsible procurement objectives, contributes to the achievement of the well-being goals and the extent to which that authority’s public procurement, generally, contributes to the achievement of those goals. The “well-being goals” are listed in section 4 of the Well-being of Future Generations (Wales) Act 2015, as amended by section 20 of SPPPA 2023.

Regulation 7 amends section 27(2) of SPPPA 2023 to replace “people with disabilities” with “disabled people” to ensure the improvements designed to be brought about by the social public works clauses align with the social model of disability.

These Regulations come into force on 25 March 2026 except for regulation 6 which comes into force on 1 April 2026.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations has been prepared and a copy can be obtained from the Commercial and Procurement Directorate, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.