The elephant in the room: the Public Services (Social Value) Act 2012

[Extract] The Public Services (Social Value) Act 2012 received Royal assent on March 8, 2012. It requires public contracting authorities to consider (in s.1(3)): "(a) how what is proposed to be procured might improve the economic, social and environmental well-being of the relevant area, and (b) how, in conducting the process of procurement, it might act with a view to securing that improvement." By January 31, 2013, all parts of the Act should have come into force. The gap between Royal assent and the Act's actually taking effect aims to give authorities time to prepare to meet this obligation. While the idea of seeking to obtain social value through public procurement is hardly novel, this legislation—developed from the Public Services (Social Enterprises and Social Value) Bill 2010—raises numerous issues for academics and practitioners, and also presents areas for possible law reform. These are discussed below.