Welsh Ministers have signed the Social Partnership and Public Procurement (Wales) Act 2023 (Commencement No. 4) Order 2025, setting two go‑live points for the remaining procurement regime: 25 March 2026 for core duties and 1 April 2026 for annual reporting. Draft statutory guidance covering these areas was published the same day to support implementation.
Scope is clarified by the Act’s definition of contracting authorities and the bodies listed in Schedule 1, much of which is already in force. The Commencement No. 3 Order brought section 22(1), (3) and (4) and Schedule 1 into effect from 21 March 2025, with section 22(2) completing on 25 March 2026 under this latest Order.
From 25 March 2026, the socially responsible procurement duty in section 24 applies across the procurement lifecycle, with authorities required to pursue well‑being objectives set out in Schedule 2. This timing aligns with Welsh Government’s consultation on guidance for setting objectives, applying the duty and managing contract delivery for outcomes.
The Order also commences section 25(1) on major construction contracts and section 26(1) on outsourcing services contracts, alongside the suite of social public works and workforce provisions in sections 28 to 31 and 34 to 37. Taken together, these require the use of social clauses, notification to Welsh Ministers, and consideration of workforce issues in relevant subcontracts.
Section 38 on procurement strategy is commenced for 25 March 2026, requiring each authority to publish and maintain a strategy setting out how socially responsible procurement objectives will be delivered. Draft guidance proposes structure and content to ensure consistency and measurability across the public sector.
Section 40 on the contracts register takes effect for remaining purposes on 25 March 2026. The Act requires a published register of registrable contracts, with limited scope to withhold entries where publication would be sensitive. Welsh Government’s consultation signals use of the Sell2Wales register feature and a link from each authority’s website.
New ministerial investigation powers under section 41 also begin on 25 March 2026. Guidance out for consultation sets out the investigative approach and the expectation that authorities evidence compliance with their duties across planning, procurement and contract management.
Reporting starts from 1 April 2026. Section 39 requires each contracting authority to publish an annual socially responsible procurement report, while section 42 obliges the Welsh Ministers to produce and lay a national report drawing on authorities’ returns and the results of any investigations.
The timetable dovetails with the UK Procurement Act 2023: Welsh Ministers have confirmed commencement for Wales of section 71 on contract performance notices from 1 January 2026 and section 69 on payments compliance notices from 1 April 2026. Procurement teams should align data capture and publication processes accordingly.
For practitioners, the next quarter is a preparation window. Authorities should finalise their procurement strategies, map where social public works and workforce clauses will be required, confirm contracts‑register capability, and build annual reporting templates that reflect the statutory guidance now out for consultation.