Chamber and committees

The total electricity use provided for in the electricity supply framework is determined by the estimated consumption of all framework customers. This is currently estimated at 2,293, 227MWh (megawatt hours) with a value of £686.7m, which will vary each year, depending on customer consumption.

The National Electricity Supply Framework is not mandated however all 32 Local Authorities use the framework and there is local authority representation on the Risk Management Committee who oversee the purchasing strategy.

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.

The Scottish Government has not made a recent assessment of the legislative requirement for Crown Estate Scotland to obtain market value in its transactions. An assessment is not required under the Scottish Crown Estate Act 2019.

There are 107 entries in the pilot of the Cladding Remediation Programme.

Pilot assessments have been undertaken for 30 of the entries. A pilot assessment includes those carried out prior to the publication of the Single Building Assessment (SBA) specification on 21 June 2024. This number relates to known pilot assessments only; 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.

Works to mitigate or remediate risks have started for five of the entries. Works in this context refers to any action taken to address known cladding-related risks, including Urgent Interim Measures. This number relates to known works on a pilot entry only; developers or other organisations could have carried out works without informing the Scottish Government. Again, this means the true number may be higher and could increase as further information becomes available.

Works to remediate risks have not been completed for any of the entries. Although work on the external wall cladding system has been undertaken on one building, an SBA – carried out to the standard to be specified by Scottish Ministers under section 32 of the Housing (Cladding Remediation) (Scotland) Act 2024 – is required to ensure that all works required have been identified and completed ahead of the remediation being designated as complete.

I refer the member to the answer to question: S6W-26978 on 7 May 2024, which details the spend and homes delivered by local authority area; S6W-27110 on 14 May 2024, which provides details on applications approved; and S6W-27112 on 14 May 2024 which details the spend by applicant in the 2023-2024 National Acquisition Programme. 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.

In 2023-2024, the National Acquisition Programme helped to bring almost 1,500 homes into affordable use, 94% (1,413) of which were homes for social rent. Due to the effectiveness of this programme in accelerating the delivery of affordable homes and boosting affordable housing supply, we have allocated the additional £40 million in 2024-2025 to acquire properties to help with temporary accommodation pressures or, where appropriate, to bring long term void properties back into use with a further £40 million being made available in 2025-2026.

On 23 September, we published a progress update on the Investing in Planning Consultation. It confirms that we are taking forward a package of proposals to improve capacity, skills and resources within the planning system. This includes the establishment of a National Planning Improvement Hub; changes to planning fees to support the resourcing of planning authorities; and proposals to streamline the system and support professional skills and capacity.

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 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.