Six months on from the implementation of the Procurement Act, we are only beginning to see its impact in practice. Some of the first procurements commenced under the new rules are now reaching contract award stage, and it will take more time before the full effects are clear as contracting authorities work through the contracting lifecycle. That said, there are already some noticeable developments.
Pre-market engagement has increased, giving suppliers earlier sight of opportunities and the chance to contribute ideas at the start of the process. Transparency has also improved, with more notices being published, including pipeline and annual notices. For those of us who like to analyse the data, it is now possible to see more clearly which authorities are procuring, how they are procuring, what they are buying, and who they are working with.
One area that is still evolving is the use of the new competitive flexible procedure. Understandably, contracting authorities were cautious in the early months, but we are now seeing more confidence in using this option. Other provisions, such as contract performance notices and the debarment list, have yet to come fully into play, so there is still more to come. My sense is that if we revisit this conversation in a year's time, we will have a much better picture of the Act's true impact.
In Wales, procurement has its own character. Whilst the Procurement Act 2023 is a pan-UK piece of legislation, some elements of it apply differently, or don't apply at all, in Wales. Additionally, the secondary legislation underpinning the Act is different in Wales, with the Procurement (Wales) Regulations 2024 (rather than the Procurement Regulations 2024) applying to Welsh authorities in most - but not all - instances. Welsh Government has also issued its own guidance which whilst broadly the same as UK Government's guidance, does differ in some areas. That can be confusing, particularly where rules apply differently in Wales compared to England, or not at all.
In addition to that, the Well-being of Future Generations Act 2015 underpins all activity here, and when Part 3 of the Social Partnership and Public Procurement (Wales) Act 2023 comes into force - likely in 2026 - it will add additional statutory duties for certain public bodies to pursue socially responsible procurement.
The result is a developing "Welsh way of procurement", one that places social value, social responsibility and well-being at the centre of decision-making. For contracting authorities, the challenge is to be clear about what applies and when. For suppliers, the key is to understand that procurement and wider policy in Wales is not identical to procurement and policy elsewhere in the UK. Over time, I believe this distinct approach can be a strength, reflecting Welsh priorities while still operating within the broader UK framework.
Events such as Procurex Wales provide a forum to discuss these issues openly. In Cardiff on 4 November, we will have government, the wider public sector, buyers and suppliers in the same room. I will be taking part in a panel session on the Welsh Government stage, as well as hosting a separate session with colleagues and guests, and I am looking forward to the opportunity for dialogue.
It is also a chance to celebrate success. The GO Awards, which follow Procurex, highlight the achievements of procurement teams across Wales. We can sometimes be modest about our accomplishments, but it is important to recognise the work being done and the value it brings to our communities.
Public procurement is not just a matter of compliance with rules; it is a tool for shaping outcomes. With the new Act bedding in, and with Wales pursuing its own path through legislation such as the Well-being of Future Generations Act, we are seeing the outline of a procurement regime that is uniquely Welsh. The task now is to make that vision work in practice, for the benefit of both contracting authorities and the communities they serve.
Tomos talks about this and more in the Government & Not for Profit podcast. Listen here.
Procurex Wales will be held on November 4 2025 at the Utilita Arena, Cardiff. For more details and to register visit: https://procurexwales.co.uk/