Procurement in a Nutshell: Social Partnership and Public Procurement (Wales) Regulations 2026
27th March, 2026
The Welsh Government has enacted the Social Partnership and Public Procurement (Wales) Regulations 2026 (SI 2026/75), supplementing the Social Partnership and Public Procurement (Wales) Act 2023. The regulations set out various definitions for terms used in the 2023 Act and clarify what is required by some of its provisions.
Background
The Social Partnership and Public Procurement (Wales) Act 2023 (SPPPWA 2023) sets out a framework to promote the well-being of people of Wales by promoting social partnership working and socially responsible procurement (alongside the Procurement Act 2023).
Many of the provisions of the 2026 regulations come into force on 25 March 2026, except for regulation 6 (setting out the information required in annual socially responsible procurement reports), which will come into force on 1 April 2026.
The 2026 regulations
The 2026 regulations set out:
- Regulation 3 sets out the definition for “excluded contracts” by reference to exempt contracts in the Procurement Act 2023. Excluded contracts are not covered by certain provisions of the SPPPWA 2023.
- Regulation 4 provides the definition for a “prescribed contract” for the purpose of section 24(8) SPPPWA 2023 which deals with the socially responsible procurement duty. A prescribed contract is an above-threshold, non-excluded framework agreement or contract between one or more economic operators and one or more contracting authorities which focuses on executing works, supplying products or providing a service.
- Regulation 5 defines registerable contracts for the purpose of the contracts register under the SPPPWA 2023. These contracts are a contract between one or more economic operators and one or more contracting authorities; and having as its object the execution of works, the supply of products, or the provisions or services; or a framework agreement. There are various exceptions such as, a contract which has an estimated value less than that of a notifiable below-threshold contract or an excluded contract referred to in s30(2) SPPPA 2023, paragraph 2.
- Regulation 6 outlines the information required in annual socially responsible procurement reports as required under section 39(1) SPPPWA 2023. These reports must include information about the estimated value of contracts awarded to contractors satisfying certain conditions set out in regulation 6(2) of the 2026 regulations. These conditions include the contractor providing opportunities for staff to use, learn or improve their Welsh language skills and recognising a trade union.
Conclusion
While the Social Partnership and Public Procurement (Wales) Regulations 2026 do not apply to England, it is interesting to see the approach taken by the devolved authority and how these regulations sit alongside and partly integrate with the Procurement Act 2023, which applies across the UK. For example, the regulations directly incorporate PA 2023 definitions such as ‘below-threshold contract and ‘utilities contract’.
It is important to note that the Welsh regime does not replace the Procurement Act 2023. Instead, it overlays Welsh social partnership and socially responsible procurement duties onto the Procurement Act 2023’s UK wide procurement framework.
You can access the regulations here.
For further information please contact Melanie Pears or Tim Care in our Public Sector Team.
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Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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