How does the Social Services and Well-being (Wales) Act 2014 interact with procurement law in the commissioning of adult social care?
The Social Services and Well-being (Wales) Act 2014 (the Act) establishes the statutory duties and principles that govern how care and support is commissioned in Wales. The National Framework for Commissioning Care and Support (the Framework) is a statutory Code of Practice that is issued under Section 145 of the Act.
The Framework identifies procurement as a stage within the wider commissioning cycle, (analysis, planning, procurement, monitoring). It requires commissioners to align their actions with the statutory duties within the Act. The Framework also mandates that statutory partners must comply with current procurement legislation including the Social Partnership and Public Procurement (Wales) Act 2023.