Devolved Welsh Authority

The United Kingdom's devolved constitutional settlement means that public procurement is not a uniform exercise across all four nations. In Wales, the Welsh Government holds devolved competence over many of the public services that contracting authorities provide, which means Welsh public bodies are subject to Welsh procurement policy as well as the statutory framework of the Procurement Act 2023. The category of "devolved Welsh authority" within the Act reflects this distinct constitutional position.

What is a devolved Welsh authority?

A devolved Welsh authority is a contracting authority that falls within the devolved competence of the Welsh Government as defined in the Government of Wales Act 2006. This category includes Welsh local authorities, NHS Wales bodies, Welsh Government departments and agencies, and other public bodies that exercise functions in devolved policy areas in Wales.

Under the Procurement Act 2023, devolved Welsh authorities must have regard to Welsh Government procurement policy statements in addition to the National Procurement Policy Statement (NPPS) issued by the UK government. The Welsh Government has its own Well-being of Future Generations (Wales) Act 2015 requirements, which public bodies must embed in their decision-making including procurement, and a Wales Procurement Policy Statement (WPPS) that sets out Welsh-specific priorities.

Where Welsh devolved competence is engaged, the Welsh Ministers have powers to give directions to contracting authorities on procurement matters, and Welsh Government guidance on social value, community benefit clauses, and Welsh language requirements may apply alongside the Act's general framework.

Why it matters for bidders

If you are bidding for contracts with Welsh public bodies, you need to understand the additional policy layer that devolved Welsh authorities must observe. Welsh procurement policy has historically placed strong emphasis on community benefit requirements (social, economic, and environmental outcomes for Wales), the use of community benefit clauses in construction contracts, local supply chain development, and Welsh language access.

Bidding into the Welsh public sector market therefore requires attention to these Welsh-specific requirements in addition to the standard Act compliance. A bid that addresses the buyer's obligations under the Well-being of Future Generations Act and the WPPS demonstrates a sophisticated understanding of the buyer's operating environment and may score more strongly on social value criteria.

Example

A construction contractor bidding for a new school building contract with a Welsh local authority prepares its social value submission with specific reference to the community benefit requirements in the Wales Procurement Policy Statement. It commits to employing local apprentices, using Welsh materials suppliers where available, and producing Welsh-language summaries of community engagement activities. These commitments directly address the authority's obligations as a devolved Welsh authority and strengthen the bid's social value score.

Frequently Asked Questions

Do procurement rules differ significantly between Wales and England?

The Procurement Act 2023 provides the statutory framework for both England and Wales. The difference lies in the additional layer of Welsh Government policy that devolved Welsh authorities must observe alongside the Act. The procedural rules (tender notices, standstill periods, assessment summaries) are the same in both nations.

Is the Welsh language a procurement requirement?

Welsh language is not a mandatory procurement criterion under the Act itself, but the Welsh Government's procurement guidance and the Welsh Language (Wales) Measure 2011 require public bodies to treat Welsh and English on an equal basis. In practice, many Welsh authorities include Welsh language service delivery requirements in contracts for public-facing services.

Are Senedd Cymru contracts subject to the Act?

Yes. The Senedd Cymru (the Welsh Parliament) and bodies within Welsh devolved competence are contracting authorities subject to the Procurement Act 2023 for their above-threshold procurement, with the additional obligation to have regard to Welsh Government procurement policy as devolved Welsh authorities.