OpenLegislation

The Good Food Nation (Specified Functions and Descriptions) (Scottish Ministers) Regulations 2025

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2025, ISBN 9780111063972

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before the Scottish Parliament under section 27(5) of the Good Food Nation (Scotland) Act 2022, for approval by resolution of the Scottish Parliament.

FOOD

Made 2025

Coming into force 23rd December 2025

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 6 and 26(1) of the Good Food Nation (Scotland) Act 2022f1and all other powers enabling them to do so.

In accordance with section 27(5) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

In accordance with section 27(2) of that Act the Scottish Ministers have consulted with those persons who they consider appropriate and have had regard to their responses.

Annotations to the whole text

Footnotes

f1

2022 asp 5.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Specified functions
  3. 3Specified descriptions
  4. 4Transitional provision
  5. Signature
  6. Schedule 1: Specified functions
  7. 1Paragraph 1
  8. 2Paragraph 2
  9. 3Paragraph 3
  10. 4Paragraph 4
  11. 5Paragraph 5
  12. 6Paragraph 6
  13. 7Paragraph 7
  14. 8Paragraph 8
  15. 9Paragraph 9
  16. 10Paragraph 10
  17. 11Paragraph 11
  18. 12Paragraph 12
  19. 13Paragraph 13
  20. 14Paragraph 14
  21. 15Paragraph 15
  22. 16Paragraph 16
  23. 17Paragraph 17
  24. 18Paragraph 18
  25. 19Paragraph 19
  26. 20Paragraph 20
  27. 21Paragraph 21
  28. Schedule 2: Specified descriptions
  29. 1Policy making, strategies, plans and guidance
  30. 2Policy making, strategies, plans and guidance
  31. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Good Food Nation (Specified Functions and Descriptions) (Scottish Ministers) Regulations 2025 and come into force on 23 December 2025.

(2)

In these Regulations, “the Act” means the Good Food Nation (Scotland) Act 2022.

2Specified functions

The functions listed in schedule 1 of these Regulations are specified for the purposes of section 6 of the Act.

3Specified descriptions

The descriptions listed in schedule 2 of these Regulations are specified for the purposes of section 6 of the Act.

4Transitional provision

(1)

The function listed in section 57(6) of the Climate Change (Scotland) Act 2009f1 (duty to produce a revised land use strategy) is specified for the purposes of section 6 of the Act subject to the provisions in paragraph (2).

(2)

The duty imposed by section 6 of the Act does not apply to that function until after the duty to lay a revised land use strategy before the Scottish Parliament no later than 31 March 2026 has been complied with.

Signature

Name

A member of the Scottish Government

St Andrew's House

Edinburgh

1

Making arrangements or disseminating information for the purposes of section 38A of the National Health Service (Scotland) Act 1978f1 (arrangements and information to support, promote and encourage breastfeeding).

2

Making regulations under section 53(8) of the Education (Scotland) Act 1980f1 (modification of description of pupil entitled to school meals).

3

Making regulations under section 56A(1) of the Education (Scotland) Act 1980f1 (nutritional requirements for food and drink in public schools).

4

Issuing guidance for the purposes of section 56C of the Education (Scotland) Act 1980f1 (guidance about nutritional requirements).

5

Issuing guidance for the purposes of section 56E(2) of the Education (Scotland) Act 1980f1 (guidance about the application of the principles of sustainable development).

6

Making regulations under section 13(1) of the Social Security Act 1988f1 (benefits under schemes for improving nutrition: pregnant women, mothers and children).

7

Making schemes under section 42(1) of the Crofters (Scotland) Act 1993 f1 (schemes for providing grants to crofters).

8

Making regulations under section 46A(2) of the Crofters (Scotland) Act 1993f1 (provision of loans to crofters, cottars, owner-occupier crofters and owners of holdings).

9

Reviewing, revising or amending the framework as required by sections 3AA(1), 3AA(3) or 3CC(1) of the Town and Country Planning (Scotland) Act 1997f1 (reviewing, revising or amending the National Planning Framework).

10

Making codes of practice under section 37(1) of the Animal Health and Welfare (Scotland) Act 2006f1 (preparing animal welfare codes of practice).

11

Issuing guidance under section 38 of the Animal Health and Welfare (Scotland) Act 2006 (guidance on welfare of protected animals).

12

Revising the strategy as required by section 57(6) of the Climate Change (Scotland) Act 2009f1 (duty to produce a revised land use strategy).

13

Preparing a national marine plan as required by sections 5(1) or 9(5) of the Marine (Scotland) Act 2010f1 (national marine plan and preparation following withdrawal of national marine plan).

14

Amending a national marine plan under section 8(1) of the Marine (Scotland) Act 2010 (amendment of national marine plan).

15

Issuing guidance for the purposes of section 15(1) of the Community Empowerment (Scotland) Act 2015f1 (guidance on carrying out functions conferred on community planning partnerships).

16

Making an order under section 112(5) or 112(6) of the Community Empowerment (Scotland) Act 2015 (amendment of local authorities’ duty to provide allotments).

17

Issuing guidance for the purposes of section 137(1) of the Community Empowerment (Scotland) Act 2015 (guidance on the functions conferred on local authorities relating to allotments).

18

Reviewing or revising the strategy as required by section 47(9) of the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021f1 (reviewing or revising the environmental policy strategy).

19

Issuing guidance for the purposes of regulation 17 of the Milk and Healthy Snack Scheme (Scotland) Regulations 2021f1 (guidance for local authorities).

20

Issuing guidance for the purposes of regulation 18 of the Milk and Healthy Snack Scheme (Scotland) Regulations 2021 (guidance for childcare providers).

21

Preparing, reviewing or revising the strategy as required by section 1(1), or section 4(1) or (2) of the Circular Economy (Scotland) Act 2024f1 (preparing, reviewing or revising the circular economy strategy).

1Policy making, strategies, plans and guidance

Making policies (including proposals for legislation), strategies, plans or guidance about any of the following matters—

(a)

breastfeeding,

(b)

child poverty,

(c)

community food growing or allotments,

(d)

diet-related health conditions,

(e)

diet-related health inequalities,

(f)

eating disorders,

(g)

education about food or nutrition,

(h)

food advertising,

(i)

food labelling,

(j)

household food insecurity,

(k)

food security,

(l)

food waste,

(m)

nutrition, including nutritional recommendations, information or requirements,

(n)

organic production or organic standards,

(o)

the food business sector,

(p)

the procurement of food,

(q)

the provision of food,

(r)

welfare food schemes,

(s)

the welfare and health of animals in the food system,

(t)

deer management.

2Policy making, strategies, plans and guidance

In this schedule, “deer” and “deer management” have the meaning given by section 45(1) of the Deer (Scotland) Act 1996f1.

Explanatory note

(This note is not part of the Regulations)

These Regulations specify functions and descriptions for the purposes of section 6 (effect of plan) of the Good Food Nation (Scotland) Act 2022 (“the Act”). Section 6 of the Act places a duty on the Scottish Ministers to have regard to the national good food nation plan when exercising a specified function or a function which falls within a specified description. The Regulations come into force on 23 December 2025.

Regulation 2 provides that the specified functions are set out in schedule 1 of the Regulations.

Regulation 3 provides that the specified descriptions are set out in schedule 2 of the Regulations.

Regulation 4 modifies on a transitional basis the application of section 6 of the Act to the function specified in paragraph 12 of schedule 1 of these Regulations until such time as specified. Section 6 of the Act will not apply to the function listed in paragraph 12 of schedule 1 of these Regulations until after the fourth land use strategy has been published in accordance with section 57 of the Climate Change (Scotland) Act 2009. This is because the fourth land use strategy is expected to be published shortly after these Regulations come into force and it would not be possible for Scottish Ministers to comply with their ‘have regard’ duty in section 6 of the Act.

No business and regulatory impact assessment has been prepared for these Regulations as no impact upon business, charities or voluntary bodies is foreseen.