Scotland revokes Good Food Nation Act Section 6 start

If you’re learning how laws actually switch on, here’s a live case from Scotland. Ministers have signed regulations to revoke the earlier Commencement No. 4 instrument for the Good Food Nation (Scotland) Act 2022. That earlier instrument would have started section 6 on Tuesday 16 December 2025, so the duty will not begin on that date. On legislation.gov.uk, the Commencement No. 4 Regulations (SSI 2025/291) show 16 December as the appointed day, and section 6 is still marked “prospective”.

So what does section 6 say? It requires the Scottish Ministers to have regard to the national Good Food Nation Plan when exercising a specified function, or a function within a specified description. The Scottish Government’s own guidance explains that “have regard” means Ministers must take the plan into account and, if they choose a different course, give clear reasons for doing so.

If statutory instruments feel abstract, think of them as the tools governments use to switch parts of Acts on and fill in detail. In Scotland they’re called Scottish Statutory Instruments (SSIs) and they are a routine part of law‑making under powers granted by Acts, as the Scottish Government explains.

Three dates matter when you read any SSI: “made” (when it’s signed), “laid” (when it’s formally placed before the Scottish Parliament), and “coming into force” (when its rules start to apply). Many sections of Acts only start on a date appointed by a separate commencement regulation, which is exactly what has been adjusted here.

Where does this leave the national Good Food Nation Plan? The Government says the revised plan was laid before the Scottish Parliament in June 2025, with a final version due after parliamentary feedback. Committee material also indicates that the related “specified functions” regulations are intended to commence on 23 December 2025 to align with publication of the final plan.

Why revoke now? The timing suggests a tidy‑up so the legal duty and the practical list of functions begin together. Revoking a commencement date and appointing a new one is allowed and not unusual; Ministers can set a fresh date through another commencement instrument. At the time of writing, section 6 remains listed as prospective on the official Act page.

What changes on 16 December? Nothing new starts that day. Other parts of the 2022 Act already in force continue as they are, including provisions that put the Scottish Food Commission on a statutory footing by 30 June 2025. That schedule was set through earlier commencement regulations.

If you’re reading this for a class, a quick tip: when a law says Ministers must “have regard” to a plan, that is a legal duty to take the plan into account and to justify any departure. It is not the same as “must comply with every line”. The upcoming regulations under section 6 will spell out where this duty bites most often.

To follow the next steps, keep an eye on the Delegated Powers and Law Reform Committee page for fresh instruments and on the Rural Affairs and Islands Committee for the section 6 regulations, alongside the Government’s Good Food Nation pages for the final plan.

Bottom line for students and teachers: a planned switch‑on for section 6 on 16 December 2025 has been paused. The duty will begin once Ministers make new commencement regulations and bring section 6 into force; until then, the section stays prospective.