so the minister will have to choose between asking for tenders for a new franchise, or taking Scotrail into public ownership, which he can do
Can that be done without it going to tender first though (as per the Railways Act 1993 which is a reserved matter)? The amendments made by the Scotland Act 2016 would of course allow a company in public ownership to bid.
EDIT: Just gone through the relevant legislation and can see section 26(4B) regarding a statement of policy says:
(4B)The statement must in particular include the policy of the Secretary of State. the Welsh Ministers or the Scottish Ministers about—
(a)when his or their selection of the person to be a franchisee under a franchise agreement is likely to be from those submitting tenders in response to an invitation to do so;
(b)when it is likely such an invitation will not be issued; and
(c)the means by which he is, or they are, proposing that the selection will be made in cases where there is no such invitation.
So there does seem to be some scope for a direct award.