Chamber and committees

The Scottish Government is committed to ensuring that the transition to net zero delivers real and lasting benefits for communities, not just in terms of infrastructure, but in jobs, investment, and local opportunity. We know Scotland’s energy transition is not just about infrastructure, it’s about people. That is why we are taking action to give communities priority access to renewable energy assets on public land that are due for repowering.

This includes enhancements to the Community Asset Transfer Scheme (CATS), which will now ensure communities receive early notification of in scope public land sites due for repowering and a dedicated 12-month window to apply before a commercial strategy is pursued.

We’re moving beyond the idea of communities as passive hosts of energy infrastructure. Our approach supports communities to become active partners, investing in, owning, and benefiting from the clean energy future.

Ten Forestry and Land Scotland onshore wind sites under 50 megawatts have been identified to pilot this approach. We are also working with public bodies to ensure communities have access to clear guidance through Local Energy Scotland and Forestry and Land Scotland. Updated information on the enhanced CATS will be available online from both organisations today. In addition, communities hoping to utilise the enhanced CATS will benefit from advice available through our Community and Renewable Energy Scheme (CARES). This will ensure that communities are supported to play an active role in shaping their energy future, not just hosting developments, but helping to lead them.

In Scotland, theft is defined as the taking or appropriating property from another person without their consent and with the intent to deprive them of it. This definition encompasses various forms of theft, including shoplifting, housebreaking and malicious mischief. The legal framework for theft in Scotland is based on common law, which is developed through court rulings and precedents.

Common law theft is not defined in legislation but is established through the principles of earlier court decisions. The Crown Office and Procurator Fiscal Service (COPFS) is responsible for the public prosecution of criminal offences in Scotland, including theft.

The Scottish Government recognises the concerns expressed by the Scottish Retail Consortium regarding the impact of retail crime and the terminology used to describe it. While “shoplifting” is commonly used, both terms – “shop theft” and “shoplifting” – refer to the same underlying common law offence of theft.

The Scottish Government’s commitment to tackling shoplifting and retail crime in general was reaffirmed in our Programme for Government, which makes clear our strong support for Police Scotland’s robust approach in addressing this issue.

We continue to invest record levels of funding in policing, with £1.64 billion provided in 2024-25, including £3 million specifically to tackle retail crime. Police Scotland has also published a dedicated action plan to deliver a visible and measurable impact in this area.

Whilst there is currently no universal agreement on the health impacts or thresholds to measure safety levels of plastic in the environment, we are committed to reducing plastic pollution and tackling its contribution to litter through measures as outlined in response to PQ S6W-41153 on 27 October 2025.

Littering of any kind, including plastic items, is a criminal offence in Scotland. Local authorities are responsible for enforcing the legislation which is designed to deter littering and support cleaner, greener communities across Scotland.

We continue to monitor developments and advice from the World Health Organisation on emerging evidence in relation to plastic pollution and the potential health impacts.

All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers.

The Scottish Government is leading efforts to put communities at the heart of Scotland’s energy transition. In 2024, renewables developers offered around £30 million in community benefits, supporting local priorities and inclusive growth under our Good Practice Principles.

On 22 October, we published consultation responses and analysis on community benefits from net zero energy developments. This evidence will inform refreshed guidance to strengthen delivery, ensure meaningful outcomes, and support a just transition. We continue to engage stakeholders ahead of publishing updated guidance in the second half of 2026.

While community benefits remain voluntary, we continue to press the UK Government to introduce a mandatory scheme for mature technologies and a robust GB-wide voluntary framework for emerging technologies to ensure communities share in the wealth of Scotland’s natural resources.

Scottish Government contracts and frameworks which include clauses pertaining to Liquidated Financial Damages, KPIs and/or Service Credits are listed in the following table.

It is not common for contracts to include provisions that set out specific financial consequences for failure to perform as it can be difficult to quantify in advance an expected loss from such a failure. However, standard terms and conditions used when awarding Scottish Government procurement contracts do contain a number of important provisions. This includes provisions whereby, if the contract is terminated - including as a consequence of a material breach by the supplier, then the Scottish Government may deduct any costs incurred to complete the services from any amount due to be paid. If this exceeds amounts already paid, then provisions include that those sums can be recovered.

Additionally, for regulated procurements, the Scottish Government’s standard terms and conditions contain indemnity clauses requiring the supplier to indemnify the public sector body in respect of any loss suffered through that supplier’s negligent or wrongful act, or omission or defect in any goods/services supplied. Regulated contracts are currently those valued at £50k and above. Levels of indemnity are set appropriately and proportionally for each procurement exercise.

I have attached extracts from Scottish Government Terms and Conditions that pertain to repatriations as a result of termination, default and indemnities.

To underpin good practice, the Scottish Government sets out guidance for all public bodies on how to Manage and Improve the Performance of Contracts in the Procurement Journey, a national tool to support consistency of practice across Scotland. This includes appropriate use of KPIs, Service Levels, Incentives and Sanctions where it is proportionate and relevant to do so, for example, in regulated contracts.

Extracts from Standard Scottish Government Terms and Conditions that pertain to Performance Related Damages

26.6 The Service Provider indemnifies the Purchaser and any replacement service provider against all actions, suits, claims, demands, losses, charges, damages, costs and expenses and any other liabilities which the Purchaser or replacement service provider may incur in respect of the emoluments and outgoings referred to in clause 26.5.

52 Indemnity

52.1 The Service Provider shall indemnify the Purchaser against all claims, proceedings, actions, damages, costs, charges, expenses and any other liabilities which may arise out of, or in consequence of, any Default of the Service Provider.

52.2 The Purchaser shall indemnify the Service Provider in respect of all claims, proceedings, actions, damages, fines, costs, expenses or other liabilities which may arise out of, or in consequence of, a breach of the Data Protection Laws where the breach is the direct result of the Service Provider acting in accordance with the Purchaser’s specific written instructions. This indemnity provision shall not apply if the Service Provider-

1.acts on the Purchaser’s specific written instructions but fails to notify the Purchaser in accordance with clause 14.12(c) of this Contract;

2.fails to comply with any other obligation under the Contract.

53. Limitation of Liability

53.1. Neither Party is liable to the other Party under the Contract for any:

53.1.1. loss of profits, business, revenue or goodwill; or

53.1.2. indirect or consequential loss or damage.

53.2. But clause 53.1 does not exclude any liability of the Service Provider for additional operational, administrative costs or expenses or wasted expenditure resulting from the Default of the Service Provider.

53.3. The liability of either Party under the Contract for Defaults is limited to [x].

53.4. But neither Party excludes or limits liability to the other Party for:

53.4.1. death or personal injury caused by its negligence;

53.4.2. misrepresentation;

53.4.3. any breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or sections 2 or 11B of the Supply of Goods and Services Act 1982; or

53.4.4. any breach of any obligations under Data Protection Laws

59. Termination Rights

59.1. The Purchaser may terminate the Contract by notice to the Service Provider with immediate effect if the Service Provider commits a Default and:

59.1.1. the Service Provider has not remedied the Default to the satisfaction of the Purchaser within 20 Working Days, or such other period as may be specified by the Purchaser, after issue of a notice specifying the Default and requesting it to be remedied;

59.1.2. the Default is not in the opinion of the Purchaser, capable of remedy; or

59.1.3. the Default is a material breach of the Contract.

59.2. «F68: The Purchaser may also terminate the Contract in accordance with any provisions of the Schedules.»

59.3. The Purchaser may terminate the Contract in the event that:

(a) the Contract has been subject to substantial modification which would have required a new procurement procedure in accordance with regulation 72(9) (modification of contracts during their term) of the Public Contracts (Scotland) Regulations 2015; or

(b) the Service Provider has, at the time of contract award, been in one of the situations referred to in regulation 58(1) (exclusion grounds) of the Public Contracts (Scotland) Regulations 2015, including as a result of the application of regulation 58(2) of those regulations, and should therefore have been excluded from the procurement procedure.

59.4. The Purchaser may also terminate the Contract in the event of a failure by the Service Provider to comply in the performance of the Services with legal obligations in the fields of environmental, social or employment law.

59.5. The Purchaser may also terminate the Contract where, at any time before the term of the Contract, the Service Provider or any person falling within the description set out in paragraph (2) of regulation 58 of the Public Contracts (Scotland) Regulations 2015 commits an offence referred to in paragraph (1) of that regulation.

60. Termination on Insolvency and Change of Control

60.1. The Service Provider shall notify in writing immediately, and the Purchaser may terminate the Contract with immediate effect by notice, where in respect of the Service Provider:

60.1.1. a proposal is made for a voluntary arrangement within Part I of the Insolvency Act 1986 or of any other composition scheme or arrangement with, or assignation for the benefit of, its creditors;

60.1.2. a shareholders’ meeting is convened for the purpose of considering a resolution that it be wound up or a resolution for its winding-up is passed (other than as part of, and exclusively for the purpose of, a bona fide reconstruction or amalgamation);

60.1.3. a petition is presented for its winding up (which is not dismissed within 14 days of its service) or an application is made for the appointment of a provisional liquidator or a creditors’ meeting is convened pursuant to section 98 of the Insolvency Act 1986;

60.1.4. a receiver, administrative receiver or similar officer is appointed over the whole or any part of its business or assets;

60.1.5. an application order is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given;

60.1.6. it is or becomes insolvent within the meaning of section 123 of the Insolvency Act 1986;

60.1.7. being a “small company” within the meaning of section 382 of the Companies Act 2006, a moratorium comes into force pursuant to schedule A1 to the Insolvency Act 1986;

60.1.8. a debt relief order is entered into; or

60.1.9. any event similar to those listed above occurs under the law of any other jurisdiction.

60.2. The Purchaser may terminate the Contract by notice with immediate effect within 6 months of:

60.2.1. being notified that a change of Control has occurred in accordance with clause 33.1 (Change of Control); or

60.2.2. where no such notification has been given, the date that the Purchaser becomes aware of the change of control.

60.3. But the Purchaser may not terminate the Contract under clause 60.2 where approval of the change of control has been granted by notice by the Purchaser.

I refer the member to the answer to question S6W-41110 on 27 October 2025. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers.

I refer the member to the answer to question S6W-41171 on 27 October 2025. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

I refer the member to the answer to question S6W-41171 on 27 October 2025. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers