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The efficiency of operations performance metrics are assessed by reviewing the following:

1. evidence of any ways in which the Franchisee has sought to identify and implement ways to run the Franchise more efficiently and avoid nugatory costs, acting as a Good and Efficient Operator, including details and supporting evidence of the Franchisee’s actions;

2. evidence of appropriate revenue protection being applied in the interests of the taxpayer and/or otherwise evidence that the Franchisee has followed government guidance prevailing at the time regarding revenue collection; and

3. evidence of plans in place to return the operations and business to pre-COVID-19 levels of operation, including encouraging the public to travel on public transport where appropriate.

The Emergency Measures Agreements (EMAs) in place with Abellio ScotRail and Caledonian Sleeper prevent both Franchisees from increasing any emoluments payable to directors employed by the franchises.

The Emergency Measures Agreements (EMAs) in place with Abellio ScotRail and Caledonian Sleeper specifically prevent the paying of dividends or interest to parent companies.

As part of the Transport Transition Plan the Scottish Government produced a range of guidance in relation to transport. This includes guidance for transport operators to keep their staff and those using their services safe, initially published on 26 May 2020.

The cornerstone of our guidance for transport operators is its emphasis on the importance of robust and on-going risk based assessment with full input from trade unions. Among other things operators are expected to implement measures to manage transmission risk, reinforce cleaning procedures and promote good hygiene regimes. They should also communicate how safety measures are being implemented to staff and passengers and make clear what is expected of them.

Officials are in regular dialogue with operators and other stakeholders on safety measures, and the guidance will continue to be reviewed and updated as appropriate.

The Scottish Government's preferred option is to have an integrated rail system that is public sector-controlled.

Since the mandatory wearing of face covering came into force in Scotland on 22 June, uptake has increased considerably across public transport modes. Transport operators advise compliance is generally high, observed normally to be between 80% to 100%, though there are localised variations.

The powers are in place, through the legislation, for fixed penalty notices to be issued, if required, to enforce compliance.

Enforcement of the wearing of face coverings on public transport rests with Police Scotland and the British Transport Police.

Transport Scotland is in regular dialogue with transport operators who have been reminded, as per Scottish Government guidance, that they are expected to consider displaying prominent signage highlighting that face-coverings must be worn and also that their staff may enquire if a passenger is not wearing a face-covering and remind them of their legal obligation to do so, unless they are exempt.

Enforcement of the wearing of face coverings on public transport rests with Police Scotland and the British Transport Police and as such details of fines issued can be obtained from these organisations:-

https://www.scotland.police.uk/

http://www.btp.co.uk/

In order to maintain rail passenger service continuity throughout this period, the Scottish Government released significant funding of £250m which enabled Abellio ScotRail to maintain full employment of staff. The management fee associated with the earlier Emergency Measures Agreement with Abellio ScotRail included a performance element, ensuring focus on immediate service continuity for essential journeys. A similar approach was taken by the Department for Transport at the start of the Covid-19 pandemic.

The UK Government has not confirmed an intention to replace the UK Railways Act 1993. We are currently awaiting the publication of the outcomes from the UK Rail Review (Williams Review), which were originally due in the Autumn of last year.

It remains our long-held view that the devolution of our railway is required to enable the Scottish Government to consider the full range of options for structuring Scotland’s railway.