Capital expenditure debt limit materials sent to the First Minister: FOI release

Information requested

1. Any internal reports, briefings, memos, emails, or other correspondence sent or received by the first minister from 1 January 2024 to the present that relate to financial planning, forecasting, or contingency measures in the event that the Scottish Government reaches or approaches its legally defined capital expenditure debt limit.

2. Any correspondence between the first minister and HM Treasury concerning debt limits, borrowing powers, or related fiscal constraints during the same time period.

3. Any risk assessments or scenario planning documents that examine the financial, economic, or policy implications of the Scottish Government reaching its legally defined capital expenditure debt limit.

Response

Regarding point 1 and 2: While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. This is a formal notice under section 17(1) of the FOISA that the Scottish Government does not have the information you have requested.

In answer to point 3: Total Scottish Government Capital debt limits are set out in the Scotland Act (2016). The Act also explains that any Scottish Government borrowing drawdown is subject to the consent of HM Treasury. Scottish Government analysis, risk assessments and policies are therefore built around ensuring debt is appropriately managed within the legal capital debt limits. For the latest Scottish Government policy position regarding capital borrowing, please find the Scottish Budget 2025 to 2026: Scottish Government borrowing, published 4 December 2024, which details this approach.- Link . Subsequent publications following the budget provide further detail, such as the Ninth Annual Report on the Implementation of the Scotland Act 2016 laid before the Scottish Parliament, chapter 6. Borrowing and Scotland Reserve - Link , and Scotland’s Fiscal Outlook: The Scottish Government’s Medium-Term Financial Strategy, published 25 June 2025, chapter 2.2.7 Capital borrowing, provides an update to Scottish Government borrowing policy and latest borrowing forecast- Link .

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