Expanding the scope of socially responsible procurement in Wales

Procurement in Wales has been moving steadily towards a more outcome-focused model for some time. The changes that came into force on the 25th of March 2026 do not fundamentally alter that direction, but they do expand the range of procurements to which those expectations clearly apply.

Under the Social Partnership and Public Procurement (Wales) Act 2023 (the SPPPA), contracting authorities are required to carry out procurement in a way that improves the social, economic, environmental, and cultural well-being of their areas. The Social Partnership and Public Procurement (Wales) Regulations 2026 (the Regulations) build on that foundation by reinforcing and extending how those duties operate in practice.

In conjunction with the enforcement of the Regulations, a number of statutory guidance documents and resources were uploaded to the Welsh Government website, to assist with tackling these changes.

While much of the policy intent will be familiar, the Regulations mark a move towards greater consistency across day-to-day procurement activity.

A wider net – Regulation 4 and prescribed contracts

Regulation 4 expands the definition of ‘prescribed contract’ for the purposes of the socially responsible procurement duty. In practical terms, this now captures:

• most public contracts for works, services and supplies, and
• framework agreements.

The effect of this development is that socially responsible procurement is not limited to particular categories of contract or higher value exercises.

Transparency in practice – Regulation 5 and contracts registers

Regulation 5 defines the types of contracts that must be included on an authority’s contracts register. The definition captures:

• most public contracts for works, services and supplies,
• framework agreements, and
• most notably, notifiable below-threshold contracts, which would not traditionally have been subject to the same level of transparency.

The requirement for notifiable below-threshold contracts to feature on the list may come as a shock to some, particularly as Pipeline Notices under the Procurement Act 2023 are not required for procurements under £2 million.

The developments are likely to be viewed positively for SMEs and VCSEs. Greater transparency should improve access to future opportunities and allow smaller organisations to prepare earlier for upcoming procurements.

For contracting authorities, however, the position is more complex. Authorities without an established contracts register will need to implement systems and processes to capture and publish this information in a consistent and usable format, increasing administrative burden for already resource-constrained services.

From major projects to mainstream procurement

The focus on socially responsible procurement is not new. Under the SPPPA, particular emphasis has already been placed on areas such as major construction contracts, where workforce practices, supply chain management, and community impact are especially visible.

The Regulations extend that approach more broadly. Expectations that were once most closely associated with complex, high value projects are now applied to lower value and more routine procurement activities. Social value considerations are therefore expected to be addressed as part of mainstream procurement practices.

A more consistent model of procurement

Taken together, the 25th of March 2026 changes do not radically alter the direction of Welsh procurement policy. Rather, they consolidate and extend it. Socially responsible procurement is expected to be applied consistently across the procurement lifecycle, regardless of contract size or complexity.

What comes next?

While these changes expand the scope of socially responsible procurement, the next phase will focus on how authorities demonstrate delivery in practice.

New reporting requirements taking effect from April 2026 will require authorities to evidence, in a more structured and transparent way, how their procurement activity contributes to wider well-being objectives. We explore those requirements and their implications, in this article.

Nicola Cullen is an Associate at Capital Law.