Chamber and committees

Following the award of the construction contract for HMP Highland in April this year, the construction is progressing to plan on site and is scheduled to complete in 2026.

Following the appointment of Lord Cameron of Lochiel as Parliamentary Under Secretary of State in the Scotland Office, I wrote to him on 17 April 2024 seeking an update on the proposed Order under section 104 of the Scotland Act 1998.

Alister Jack, the then Secretary of State for Scotland, wrote to me on 15 May 2024. In his letter, Mr Jack apologised for the delay. He said he was satisfied that a section 104 Order under the Scotland Act 1998 was the appropriate legislative vehicle, and he was content to provide his in-principle agreement to this Order. He indicated that his officials in the Scotland Office would shortly be setting up a working group of officials to consider the work plan for the Order, including timescales and Parliamentary requirements.

The UK General Election was then called on 23 May and took place on 4 July. Given the change in the UK Government, I wrote to the new Secretary of State, Ian Murray MP, on 12 August 2024 seeking his in-principle agreement to proceed with the section 104 Order. I have not yet received a reply.

In line with agreed practice, an FCDO official was not present at this meeting.

Scottish Government do not (a) incentivise (c)inhibit or (d) discriminate against community owned energy providers. Scottish Government conduct all procurement in accordance with the Procurement Reform (Scotland) Act 2014 and the Public Procurement Regulations. Under Section 8 – General Duties of the Act, procurement authorities must:

“in carrying out a regulated procurement—

(a) treat relevant economic operators equally and without discrimination,

(b) act in a transparent and proportionate manner.”

To actively incentivise or discriminate any provider or group of providers would be a clear breach of the requirements of the Act.

The framework terms and conditions do (b) facilitate self generating sources to approach the Supplier, and there is a mechanism in the Terms and Conditions for local authorities to approach EDF to sell electricity which they have generated. The Framework also has included the option of Power Purchase Agreements.

The terms and conditions state that for the Supply of Electricity from a self-generating source the Supplier shall enter into a Power Purchase Agreement with such Scottish Public Sector Body on normal commercial terms. Such purchase shall stand entirely separate to the arrangements under the Framework and the Supplier shall not be under any obligation to sleeve the electrical output of such Public Body’s facility into the supply of electricity under the framework.

The Supply of Electricity agreement has also included the options of 6 different Power Purchase Agreement variations as part of the Statement of Requirements and the Terms and Conditions, these include.

Option 1 - A PPA entered into between the Scottish Government (Authority) and a third party generator. The generator is not a Client under the Framework. (Direct PPA)

Option 2 - A PPA entered into between the Contractor and a third party generator. The generator is not a Client under the Framework. (Indirect PPA)

Option 3 - A PPA entered into between the Scottish Government (Authority) and a generator. The generator is a Client under the Framework ( for example a Local Authority). Under this category of PPA the power sleeved into the Framework volume for use by the entire portfolio

Option 4 - A PPA entered into between the Contractor and a generator. The generator is a Client under the Framework. Under this category of PPA the power sleeved into the Framework volume would be for use by the entire portfolio.

Option 5 – : Export PPA where Client under the framework sells excess volume to the Contractor

Option 6 (as advice only) - Private Wire. This category is distinct from any of the above as it involves a direct physical connection between the generator and the buyer.

Overall the National Framework for the Supply of Electricity includes a statement of requirements and Ts and Cs which are agreed by the User Intelligence Group made up of public sector representatives (including representatives from local authorities). They have set out that the framework supplier needs to ensure it has the capacity to secure forward purchases on behalf of all framework customers. The Supplier also needs to account manage each individual customer organisation including billing, invoicing, meter reading queries, complaints, energy efficiency queries, and social value programmes within the framework. As well as managing the consumption for over 30,000 meters for electricity that are part of the portfolio. Therefore the supplier needs to have capacity to trade large volumes and achieve Value For Money for the whole Scottish public sector.

All of these aspects have been set out as well as the options of Power Purchase Agreements and the mechanism for local authorities to approach the Supplier to sell the power which has been self-generated.

The Scottish Government has provided Scottish Agritourism with £60k funding in 2024-2025 to support with preparations for Scotland hosting the 2026 World Agritourism Conference.

There are 107 entries in the pilot phase of the Cladding Remediation Programme. Entries in the pilot can comprise a single block or building, or a development, or part of a development consisting of multiple blocks or buildings.

Only a Single Building Assessment meeting the Scottish Standards can identify what cladding if any, a building has and further identify whether the cladding is unsafe.

Developers, homeowners or other organisations could have commissioned assessments without informing the Scottish Government. Therefore, the true number may be higher and could increase as further information becomes available.

The Scottish Government Procurement and Property Directorate (SPPD) conduct all procurements in accordance with the requirements of procurement law which requires that we treat all providers equally and without discrimination. National Statutory, Policy and Best Practice guidance is available to support buyers across the public sector on delivering against our ambitions, along with a range of point-of-use tools, support and training for buyers and suppliers.

The Procurement Reform (Scotland) Act 2014 includes a Sustainable Procurement Duty which requires all public sector procurers to consider how their procurement process can:

“Facilitate the involvement of small and medium sized enterprises, third sector bodies and supported businesses in the procurement process” (Section 9(1)(a)(ii) of the Act)

To support the procurement officers with making decisions about the best approach to market, the Scottish Government provide a suite of Sustainable Procurement tools which ensure that appropriate consideration is given at strategy stage to the nature of the requirement, the complexity of the market and the volumes which require to be delivered to identify the best strategy and approach.

The outcome of this test is considered by the team and informs the strategy which is then presented to a cross sectoral User Intelligence Group (UIG), consisting of procurement and technical staff from across the public sector. For the provision of the national electricity framework, the UIG agreed with the SPPD recommendation that a single supplier framework would deliver best value, taking into account the requirement for competitive pricing and guaranteed security of supply.

The framework terms and conditions have a mechanism for local authorities to approach EDF to sell electricity which they have generated. The Framework also has included the option of Power Purchase Agreements.

The terms and conditions state that for the Supply of Electricity from a self-generating source the Supplier shall enter into a Power Purchase Agreement with such Scottish Public Sector Body on normal commercial terms. Such purchase shall stand entirely separate to the arrangements under the Framework and the Supplier shall not be under any obligation to sleeve the electrical output of such Public Body’s facility into the supply of electricity under the framework.

The Supply of Electricity agreement has also included the options of 6 different Power Purchase Agreement variations as part of the Statement of Requirements and the Terms and Conditions.

Inclusion of these terms within the structure of the Framework Agreements ensures that our procurement of Electricity is conducted in a fair and proportionate manner.

Within the National Electricity Supply Framework no power is procured from community – owned energy providers.

The framework has been set up to supply electricity to all of the Scottish Public sector. The supplier on the framework is required to purchase power on the futures market through a risk managed hedging strategy. The strategy is owned by a Risk Management Committee who represent all of the main Public Sector bodies.

The framework supplier needs to ensure it has the capacity to secure forward purchases on behalf of all framework customers. The supplier also needs to account manage each individual customer organisation including billing, invoicing, meter reading queries, complaints, energy efficiency queries, and social value programmes within the framework. As well as managing the consumption for over 30,000 meters for electricity that are part of the portfolio. Therefore, the supplier needs to have capacity to trade large volumes and achieve Value For Money for the whole Scottish public sector.

There is no mandate for (a) local authorities or (b) other public sector organisations that are generating power, to sell that power to Scottish Government or the appointed contractor under the National Electricity Framework.

Ofgem administer a Smart Export Guarantee (SEG) scheme where renewable electricity can be fed into the grid. Customers can apply for a SEG tariff, where their generating system meets the SEG eligibility requirements.

EDF (the current framework supplier for electricity) have a SEG licence to facilitate this service.

This or any other arrangement a local authority or public sector organisation puts in place to sell power and find the best price in the open market, is outside the terms and conditions of the electricity framework. However, a local authority or public sector organisation can have an export arrangement in place and remain part of the wider portfolio.

It is not practical to estimate the behavioural response of businesses to any change in the Higher Property Rate that may arise from restoring parity with the English Standard Multiplier in order to assess the economic impact robustly.

It is however possible to assess the financial impact of changes in liability for an individual business. The median rateable value for properties liable to pay the Higher Property Rate in Scotland is £191,000. The additional gross non-domestic rates liability for a property with that rateable value in Scotland in 2024-25 is £2,483.