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259 - ScotWind adjustments to Supply Chain Development Statement

14 February 2023

Request:

  1. "The details of any adjustments made to the Supply Chain Development Statement mechanism in response to Roseanna Cunningham’s intervention."
  2. "An explanation for, and/or legal advice on how, any adjustments were compliant with state aid and competition law."

Response:

1. The details of the adjustments made to the Supply Chain Development Statement (SCDS) can be found here on our website.                                                                                   

A summary / briefing of the SCDS can be found here.    

2. Crown Estate Scotland received legal advice in the early stages of the development of the SCDS. Such legal advice is withheld under EIRs exception 10(5)(d) – confidentiality of proceedings; disclosure of such information would compromise legal privilege.

It is in the public interest that Crown Estate Scotland is able to maintain that privileged order that we can successfully fulfil our statutory remit to manage the Scottish Crown Estate in a way that provides best value for Scotland. 

Crown Estate Scotland’s reasoning to increase the termination threshold from 10% to 25% was to increase developer focus on supply chain commitments, whilst managing the risk of a forced termination due to failure to meet commitments outside of Scotland. Increased risk or increased costs related to supply chain may depress market value.

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