Scottish Ministers have signed the Good Food Nation (Scotland) Act 2022 (Commencement No. 4) Regulations 2025 (SSI 2025/291). The instrument, signed by Rural Affairs Secretary Mairi Gougeon on 23 October 2025 and laid before the Scottish Parliament on 27 October, appoints 16 December 2025 as the commencement date for section 6, titled “effect of plan”.
Section 6 imposes a statutory duty on the Scottish Ministers to have regard to the national Good Food Nation plan when exercising a specified function or a function falling within a specified description. In practice, the duty requires officials to consider the plan when developing policy or exercising powers captured by the forthcoming specification and to be able to evidence that consideration.
For the duty to operate, the government must set out the relevant “specified functions” or descriptions in secondary legislation made under section 6. The first set of regulations under section 6 is subject to the affirmative procedure; any subsequent regulations move to the negative procedure. The Scottish Government’s published overview confirms that a parallel set of regulations will follow for relevant authorities under section 15.
The timetable aligns with development of the national plan. The Scottish Government laid the proposed national Good Food Nation plan before the Parliament on 27 June 2025 for consideration prior to final publication. Government guidance states that the final plan will be published after the parliamentary review period concludes.
Today’s commencement affects only ministerial functions. Councils, health boards and any specified public authorities will face an equivalent ‘have regard’ duty to their own plans under section 15 once their plans are in place and the relevant provisions are commenced. The Act requires each relevant authority to publish a plan, with timelines triggered by commencement of section 10.
Officials should prepare for the duty by mapping business areas likely to fall within the specified functions, adapting ministerial submission templates to reference the national plan, and setting up proportionate records demonstrating how the plan has been considered. The government’s overview is explicit that ‘have regard’ means decisions should take the plan into account and any departure should be explained with clear reasons.
The duty will arise when a captured function is exercised; its effects will therefore be progressive rather than immediate. Areas likely to engage the duty include food-related policy making, programme design and secondary legislation that touches on outcomes set in the national plan, subject to the scopes defined in the forthcoming regulations.
Oversight sits with the statutory Scottish Food Commission, established under the 2022 Act to review progress against national and local plans and to advise Ministers and relevant authorities. Provisions establishing and empowering the Commission have been brought into force through earlier commencement regulations during 2024–25.