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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.

The Scottish Government appreciates the distress that has been caused to infected and affected persons by the long wait for compensation. For this reason, the Scottish Government remains committed to the continued funding of both the Scottish Infected Blood Psychology Service and the Haemophilia Psychology Service, which offer availability for referrals alongside existing NHS services. In addition, the Scottish Infected Blood Support Scheme (SIBSS) has discretion to make payments for counselling grants to infected and affected persons in some specific circumstances. This discretion, in cases of applications made by a deadline of 30 October 2026, will remain in place until the full transfer of functions to the Infected Blood Compensation Authority (IBCA) is completed.

The UK Infected Blood Compensation Scheme Regulations 2025 required SIBSS, along with the other UK Infected Blood Support Schemes (IBSS), to transfer remaining members to the IBCA early next year. This was in order that the IBCA could progress payment of final compensation, which the Scottish Government regards as a priority, and assume responsibility for any ongoing support payments. SIBSS members were due to transfer to the IBCA on 1 February 2026, which would have meant that no payments could be made by SIBSS, including for discretionary grants, in respect of the period of that date onwards.

However, in July 2025 the UK Government requested that the IBSS remain open for a further calendar year, prior to the IBCA taking responsibility for making IBSS payments. In order to ensure parity across the IBSS the Scottish Government has been working since with the UK Government and the other Devolved Administrations to determine future arrangements for discretionary grants and other related matters. As a result, the Scottish Government has now published an amendment to the SIBSS scheme document, which came into force on 22 October 2025. This amendment provides SIBSS with the continued discretion to make payments for such grants up to 1 February 2027.

Given that consultation on the establishment of the IBCA and the UK-wide compensation scheme is led by the UK Government, and taking into account the fact that SIBSS continues to have discretion to make payments for counselling grants, the Scottish Government has not undertaken any risk or other assessment, or specific consultation, about the removal of such grants. The decision to set a closing date for such grants is a direct consequence of the IBCA taking on the support payment functions of the IBSS, as a result of which all IBSS across the UK will close in early 2027.

The Scottish Government has regular meetings with the UK Government and the IBCA in order to ensure as smooth a transition as possible to the new arrangements. These meetings have not included discussions about the transfer of discretionary grants, as the IBCA does not directly seek to replicate the services that have been provided by the IBSS. Rather, the UK infected blood compensation scheme – which is based on the recommendations and principles put forward by the Infected Blood Inquiry (IBI) and the IBI Response Expert Group, and informed by feedback from representatives of the infected and affected blood community – aims to provide a fair and comprehensive final compensation scheme that is quick and simple for eligible applicants to access.

The Scottish Minsters meet regularly with Haemophilia Scotland and the Scottish Infected Blood Forum to ensure that the views of infected and affected people are heard. The Scottish Ministers remain open to meeting individual SIBSS beneficiaries in order to discuss particular concerns.

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.

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-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.

Each Health Board is responsible for the provision of community pharmacy services, including at weekends. Through Health Board Pharmaceutical Care Plans, community pharmacies provide a range of additional national services and locally enhanced services, including Palliative Care Service, Opioid Substitution Therapies, a National Oncology Service and access to Emergency Hormonal Contraception, providing access both in and out of hours.

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.

I refer the member to the answer to question S6W-40762 on 9 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 S6W40762 on 9 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-40762 on 9 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.