Committee
Net Zero, Energy and Transport Committee 09 December 2025
09 Dec 2025 · S6 · Net Zero, Energy and Transport Committee
Item of business
Subordinate Legislation
Companies Act 2006 (Scottish public sector companies to be audited by the Auditor General for Scotland) Order 2026 [Draft]
Our second item of business is consideration of a draft statutory instrument. The Delegated Powers and Law Reform Committee, in its report, made no comment on the instrument. I welcome Fiona Hyslop, Cabinet Secretary for Transport, and her supporting officials, Ninian Christie, lawyer for the Scottish Government, and Lee Shedden, head of rail sponsorship and regulation for Transport Scotland.
The instrument is laid under the affirmative procedure, which means that it cannot come into force unless the Parliament approves it. Following the evidence session, the committee will be invited to consider a motion to recommend that the instrument be approved. I remind everyone that the Scottish Government officials can speak under the current item but not in the debate that follows.
I invite the cabinet secretary to make a brief opening statement.
In the same item of business
The Convener
Con
Our second item of business is consideration of a draft statutory instrument. The Delegated Powers and Law Reform Committee, in its report, made no comment o...
The Cabinet Secretary for Transport (Fiona Hyslop)
SNP
Good morning, and thank you for inviting me to attend to discuss the draft SSI. Scottish Rail Holdings Ltd oversees the delivery of rail passenger services ...
The Convener
Con
Thank you very much, cabinet secretary. I understand the reasons that you have given. How much were the people of Scotland paying for the previous audit?
Fiona Hyslop
SNP
On the basis that that audit was not being done by the Auditor General, due to lack of capacity, it was outsourced. In 2023-24, the cost totalled £515,000; i...
The Convener
Con
That sum—£515,000—is a huge amount of money for that business. You will save money on that. I assume that there will be some cost to the Auditor General in c...
Fiona Hyslop
SNP
No, we will ensure that the Auditor General is recompensed for the duties that are carried out on behalf of the public.
The Convener
Con
How much will that be?
Fiona Hyslop
SNP
Well, the audit has not been done yet.
Lee Shedden (Transport Scotland)
There should be a significant saving compared with the costs of the external auditor. We do not yet know the amount, as the Auditor General has yet to advise...
Fiona Hyslop
SNP
It is a good thing.
The Convener
Con
Sorry, I am scratching my head at the fact that the Auditor General has agreed to take it on without any indication of what additional resources will be give...
Fiona Hyslop
SNP
I am sure that he has. It is not for me to speak on behalf of the Auditor General, but it has been agreed.
The Convener
Con
Given that it has been agreed, you will know how much money is involved. How much is it?
Fiona Hyslop
SNP
We are expecting the cost to reduce to £300,000 to £350,000. It is wider in scope, because public finances are involved, which the Auditor General has expert...
The Convener
Con
So you are saving about £165,000?
Fiona Hyslop
SNP
Yes.
Douglas Lumsden (North East Scotland) (Con)
Con
I have one question. The subsidiaries can be audited by Audit Scotland because they receive all or most of their funding from a public body that is already a...
Fiona Hyslop
SNP
I am not quite sure. The funding for Caledonian Sleeper and ScotRail comes to more than £800 million, which is a significant amount. You refer to the duties ...
Douglas Lumsden
Con
I am looking at the Companies Act 2006, which refers to companies that are “entirely or substantially” funded by a public body. You have said that the figure...
Fiona Hyslop
SNP
It is fair to say that there are a few lines with good levels of income, not least the Glasgow to Edinburgh line, but the vast majority of our rail services,...
Douglas Lumsden
Con
I am trying to work out whether that is where the company gets most of its funding from.
Fiona Hyslop
SNP
No.
Douglas Lumsden
Con
The act refers to all or most of a company’s funding.
Fiona Hyslop
SNP
The Scottish Government provides most of the funding, because the service is subsidised.
Douglas Lumsden
Con
So, you are saying that it is not most of the funding overall. Is that correct?
Fiona Hyslop
SNP
Convener, can you help me understand where the question might be going? I am not really sure.
Douglas Lumsden
Con
I am trying to make sure that what we are being asked to approve today is actually legal.
Fiona Hyslop
SNP
Lee Shedden might want to come in and explain the overall funding situation. The vast majority of the funding is public, which is why the company is audited ...
Lee Shedden
It is right to say that most of the funding is provided by the Scottish Government, which covers just over 50 per cent of the normal operating costs. On top ...
Douglas Lumsden
Con
So, there is not really any risk of us having to undo this because the funding is not mostly public. That is what I am trying to understand.