High speed trains lease: FOI release

Information requested

A. On what date does the lease of the High Speed Trains by Scotrail terminate?

B. In the event of the lease referred to at (a) being terminated early, what would be the cost of such early termination?

C. Has Scotrail carried out any consultation on the replacement of High Speed Trains and, if so, who has been consulted?

D. If no consultation has yet taken place, who will be consulted in the event of Scotrail deciding to replace the High Speed Trains?

E. Has Scot Rail Holdings or the Scottish Ministers advised Scotrail Trains of any requirements which they have with regard to the specification of any replacement rolling stock for High Speed Trains?

F. With regard to the Scot Rail Grant Agreement of 2022, what amendments, if any, have been agreed to the Train Plan set out in that agreement in respect of rolling stock to be used on the Aberdeen to Edinburgh, Aberdeen to Glasgow, Inverness to Edinburgh and Inverness to Glasgow routes?

Response

Please see below answers to the questions posed in your request:

A. The current lease for the High Speed Trains is scheduled to terminate on 31st March 2026, with the option to extend.

B. There is no intention for the lease to be terminated early. Whilst a clause exists in the conditions of the existing lease, which would obligate ScotRail to compensate Angel Trains, should ScotRail opt to end the lease before its agreed termination date, these conditions are commercially sensitive and we would not be able to disclose them.

This is a formal notice under section 33(1)(b) (commercial interests) which applies because disclosure would or would be likely to, prejudice substantially the commercial interests of ScotRail Trains Ltd (SRT).

This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate.

However, there is a greater public interest in protecting the commercial interests of ScotRail. Disclosing information related to the terms and condition stipulated by the lease agreement between ScotRail Trains and Angel Trains, specifically cost of an early termination of the lease of the High Speed Trains would compromise ScotRail’s ongoing lease negotiations. This would in turn prejudice ScotRail’s ability to obtain the best value for public money, which would not be in public interest.

C. ScotRail is not obligated to carry out a formal consultation to allow it to secure a replacement for the existing High Speed Trains. That being said, ScotRail has engaged with relevant stakeholder bodies regarding the specification of the replacement trains, for example, ScotRail has engaged with Mobility and Access Committee for Scotland (MACS), amongst other relevant bodies. If you require a full list of these organisations, please contact ScotRail directly, as the Scottish Government does not hold these details in full. You can contact ScotRail via: Contact ScotRail | ScotRail

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have all the information you have requested.

D. Please see the answer to (C)

E. Yes

F. There have been no amendments agreed to the Train Plan set out in the Grant Agreement in relation to the procurement exercise aiming to replace High Speed Trains serving Inter7city routes.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.