Wales sets 2026 start for social procurement duties

Public bodies and suppliers in Wales now have firm dates. A new commencement order for the Social Partnership and Public Procurement (Wales) Act 2023 was made on 16 December 2025, setting 25 March 2026 and 1 April 2026 as the start of the main procurement duties and the annual reporting cycle. Signed by Jack Sargeant MS under the authority of the Cabinet Secretary for Finance and Welsh Language, the order is published on legislation.gov.uk. The Act itself aims to improve public services and well‑being through social partnership and socially responsible procurement, which is why these switch‑on dates matter for everyday buying and contracting.

Let’s get clear on the tool being used. A commencement order is the legal “on” switch that brings specific sections of an Act into force on set dates. Wales has phased this law in across several orders; for example, the Commencement No. 3 Order in March 2025 activated key definitions, enabled regulations for reporting and the contracts register, and set up the public procurement subgroup to advise the Social Partnership Council.

Here’s what starts on Wednesday 25 March 2026. The socially responsible procurement duty applies to contracting authorities under section 24(1) to (7). Major construction contracts and outsourcing services contracts must take account of the duty from sections 25(1) and 26(1). Social public works clauses and social public workforce clauses flow through supply chains via sections 28 to 31 and 34 to 37, including duties to notify and respond to the Welsh Ministers. You will also need a procurement strategy under section 38, a functioning contracts register under section 40 for all remaining purposes, and to be ready for procurement investigations under section 41. The objectives that guide these decisions sit in Schedule 2 to the Act.

And from Wednesday 1 April 2026 the focus shifts to accountability. Section 39 requires each contracting authority to publish an annual socially responsible procurement report, while section 42 requires the Welsh Ministers to publish an annual report on public procurement across Wales. The power to make the supporting regulations for reporting and the contracts register has already been live since March 2025, so updated guidance can follow quickly.

Who counts as a “contracting authority” for these duties? The Act defines this and lists bodies in Schedule 1. Earlier commencement in March 2025 brought section 22(1), (3) and (4) and Schedule 1 into force; the new order completes the picture by commencing section 22(2) in March 2026, so the full definition applies when the main duties start. If you work in a council, NHS body, fire and rescue authority or another listed Welsh public body, assume you are in scope unless your legal team advises otherwise.

If you are in a public body, the next three months are about readiness. Draft or refresh your procurement strategy so it speaks plainly to the Schedule 2 objectives, adapt your templates to include appropriate social public works and workforce clauses, and set up the workflows that will feed your contracts register. Build an internal review step so someone checks tenders for fair work, skills, and community outcomes before they go live.

If you are a supplier, expect clearer asks on social outcomes and fair work in tender documents, and expect those asks to pass through subcontracts. Begin gathering simple evidence now: workforce standards you already meet, training or apprenticeships you run, and how you treat subcontractors. If you are bidding for construction or outsourcing work, be ready to show how social outcomes will be delivered and measured over the life of the contract.

One more diary note sits alongside this Welsh law. The UK Procurement Act 2023 will require contract performance notices and payment compliance notices: section 71 from 1 January 2026, and section 69 for procurements regulated by the Welsh Ministers from 1 April 2026. That means your systems should support both the Welsh social procurement duties and the UK‑wide transparency notices from the start of 2026.

A quick timeline you can teach from or brief teams with: the order was made on 16 December 2025; duties, social clauses, strategy, contracts register and investigations begin on 25 March 2026; annual reporting begins on 1 April 2026. This is the fourth commencement order under the 2023 Act and it brings the remaining provisions into force so delivery can start in full. For background on the Act and earlier commencement steps, the Welsh Government’s overview page is a useful starting point.

If you’re studying law or public policy, use this as a worked example. Read the order to see which sections are named and the exact dates, then cross‑reference the Act so you understand what those sections do. Check earlier commencement orders to see what was already switched on and watch for guidance made under the regulation‑making powers. It’s a simple way to practise turning legal text into a real‑world plan.