Search Legislation

Good Food Nation (Scotland) Act 2022

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: SCHEDULE

 Help about opening options

Alternative versions:

Status:

This version of this schedule contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

Good Food Nation (Scotland) Act 2022, SCHEDULE is up to date with all changes known to be in force on or before 25 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Schedule:

SCHEDULESScottish food commission: Constitution and operation

(introduced by section 19)

This schedule has no associated Explanatory Notes

PART 1SStatus

IncorporationS

1The Commission is a body corporate.

Commencement Information

I1Sch. para. 1 not in force at Royal Assent, see s. 28(2)

I2Sch. para. 1 in force at 15.2.2024 by S.S.I. 2024/29, reg. 2(1)(2), sch. 1

Exclusion of Crown statusS

2The Commission is not to be regarded as a servant or agent of the Crown, or having any status, immunity or privilege of the Crown, nor are its members or its staff to be regarded as civil servants.

Commencement Information

I3Sch. para. 2 not in force at Royal Assent, see s. 28(2)

I4Sch. para. 2 in force at 15.2.2024 by S.S.I. 2024/29, reg. 2(1)(2), sch. 1

Prospective

PART 2SPowers

General powersS

3The Commission may do anything which appears to it to be—

(a)necessary or expedient for the purposes of, or in connection with, the exercise of its functions, or

(b)otherwise conducive to the exercise of its functions.

Commencement Information

I5Sch. para. 3 not in force at Royal Assent, see s. 28(2)

Prospective

PART 3SProcedure

Committees and sub-committeesS

4The Commission may establish committees and sub-committees.

Commencement Information

I6Sch. para. 4 not in force at Royal Assent, see s. 28(2)

Regulation of procedureS

5The Commission may regulate its own procedure (including quorum) and that of its committees and sub-committees.

Commencement Information

I7Sch. para. 5 not in force at Royal Assent, see s. 28(2)

Authority to perform functionsS

6The Commission may authorise any of its—

(a)members,

(b)committees,

(c)sub-committees, or

(d)staff,

to exercise such of its functions (and to such extent) as it may determine.

Commencement Information

I8Sch. para. 6 not in force at Royal Assent, see s. 28(2)

7The giving of authority under paragraph 6 by the Commission does not—

(a)affect the Commission’s responsibility for the exercise of its functions, or

(b)prevent the Commission from exercising the function itself.

Commencement Information

I9Sch. para. 7 not in force at Royal Assent, see s. 28(2)

Validity of things doneS

8The validity of anything done by the Commission, its committees or sub-committees is not affected by—

(a)a vacancy in its membership,

(b)a defect in the appointment of a member,

(c)the disqualification of a member after appointment.

Commencement Information

I10Sch. para. 8 not in force at Royal Assent, see s. 28(2)

Prospective

PART 4SAccountability

Corporate planS

9(1)The Commission must submit a corporate plan to the Scottish Ministers.

(2)Sub-paragraph (1) must be complied with as soon as reasonably practicable after the day this paragraph comes into force.

(3)The corporate plan must set out how the Commission intends to exercise its functions.

(4)The corporate plan may include such other material as the Commission considers appropriate.

(5)The Scottish Ministers must—

(a)approve the corporate plan,

(b)approve the corporate plan with any modifications they consider appropriate, or

(c)decline to approve the corporate plan.

(6)Where the Scottish Ministers intend to approve the corporate plan with modifications, they must consult the Commission before doing so.

(7)If sub-paragraph (5)(b) or (c) applies, the Commission must, as soon as reasonably practicable, modify the corporate plan and submit the modified plan to the Scottish Ministers.

(8)Sub-paragraphs (5) to (7) apply to the corporate plan as modified.

(9)As soon as reasonably practicable after it is approved by the Scottish Ministers—

(a)the Commission must publish the corporate plan, and

(b)the Scottish Ministers must lay a copy of the corporate plan before the Scottish Parliament.

(10)The Commission—

(a)may revise the corporate plan at any time, and

(b)must revise the corporate plan when required to do so by the Scottish Ministers.

(11)Sub-paragraphs (1) and (3) to (10) apply to a revised corporate plan as they apply to the first corporate plan.

Commencement Information

I11Sch. para. 9 not in force at Royal Assent, see s. 28(2)

Accounts and auditS

10(1)The Commission must—

(a)keep proper accounts and accounting records,

(b)prepare in respect of each financial year a statement of accounts, and

(c)send a copy of the statement to the Auditor General for Scotland for auditing.

(2)The Commission must comply with any directions which the Scottish Ministers give it in relation to the matters mentioned in sub-paragraphs (1)(a) and (b).

Commencement Information

I12Sch. para. 10 not in force at Royal Assent, see s. 28(2)

Annual reportS

11The Commission must, as soon as reasonably practicable after each financial year—

(a)prepare and make publicly available a report of its activities during the year,

(b)send a copy of the report to the Scottish Ministers, and

(c)lay a copy of the report before the Scottish Parliament.

Commencement Information

I13Sch. para. 11 not in force at Royal Assent, see s. 28(2)

PART 5SMembers

Commission compositionS

12(1)The Commission is to consist of—

(a)a member to chair it, and

(b)at least 2 but no more than 4 other members.

(2)The Scottish Ministers may by regulations amend sub-paragraph (1)(b) so as to alter the maximum number of members.

Commencement Information

I14Sch. para. 12 not in force at Royal Assent, see s. 28(2)

I15Sch. para. 12 in force at 15.2.2024 by S.S.I. 2024/29, reg. 2(1)(2), sch. 1

Appointment of membersS

13(1)The Scottish Ministers are to appoint—

(a)the chairing member, and

(b)the ordinary members.

(2)Appointments are to be made in accordance with regulations made by the Scottish Ministers.

(3)A person may be appointed more than once.

(4)A person who is disqualified from being a member may not be appointed (see paragraph 17).

(5)Regulations under sub-paragraph (2) may in particular—

(a)specify qualifications and experience that a person must have in order to be appointed,

(b)require appointments to be made so that a board includes a member who fulfils criteria specified in the regulations,

(c)require that regard is had when making appointments to the desirability of a board including a member who fulfils criteria specified in the regulations.

(6)Criteria, for the purpose of sub-paragraph (5)(b) and (c), may include criteria about a person’s—

(a)having certain qualifications or experiences,

(b)holding a certain office,

(c)being representative of certain interests.

Commencement Information

I16Sch. para. 13 not in force at Royal Assent, see s. 28(2)

I17Sch. para. 13 in force at 15.2.2024 by S.S.I. 2024/29, reg. 2(1)(2), sch. 1

Members’ tenure and other terms and conditionsS

14(1)A person’s membership of the Commission continues until the end of the period of appointment (subject to paragraph 16).

(2)In sub-paragraph (1), “the period of appointment” means the period specified by the Scottish Ministers on appointing the person as a member.

(3)The Scottish Ministers may determine other terms and conditions of membership, in relation to matters not covered by this schedule.

Commencement Information

I18Sch. para. 14 not in force at Royal Assent, see s. 28(2)

I19Sch. para. 14 in force at 15.2.2024 by S.S.I. 2024/29, reg. 2(1)(2), sch. 1

Members’ remuneration, allowances and pensionsS

15(1)The Scottish Ministers may—

(a)pay members of the Commission remuneration and allowances (including expenses),

(b)pay, or make arrangements for the payment of, pensions, allowances and gratuities to, or in respect of, any person who is or has been a member of the Commission.

(2)The arrangements referred to in sub-paragraph (1)(b) may include—

(a)making payments towards the provision of those pensions, allowances and gratuities,

(b)providing and maintaining schemes for the payment of those pensions, allowances and gratuities.

(3)The reference in sub-paragraph (1)(b) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of office.

Commencement Information

I20Sch. para. 15 not in force at Royal Assent, see s. 28(2)

I21Sch. para. 15 in force at 15.2.2024 by S.S.I. 2024/29, reg. 2(1)(2), sch. 1

Early termination of membershipS

16(1)A person’s membership of the Commission ends if—

(a)the person resigns by written notice given to the Scottish Ministers,

(b)the person becomes disqualified from being a member (see paragraph 17), or

(c)the Scottish Ministers give the person written notice that the person is removed from the Commission.

(2)The Scottish Ministers may remove a member of the Commission by virtue of sub-paragraph (1)(c) only if they consider that the member is—

(a)unfit to continue to be a member, or

(b)unable to exercise the member’s functions.

Commencement Information

I22Sch. para. 16 not in force at Royal Assent, see s. 28(2)

I23Sch. para. 16 in force at 15.2.2024 by S.S.I. 2024/29, reg. 2(1)(2), sch. 1

Disqualification from membershipS

17(1)A person is disqualified from being a member of the Commission if the person is—

(a)disqualified from being a member by virtue of section 19 of the Ethical Standards in Public Life etc. (Scotland) Act 2000,

(b)disqualified from being the director of a company registered under the Companies Act 2006 in Great Britain.

(2)The Scottish Ministers may by regulations modify this paragraph to add or remove descriptions of persons disqualified from being a member of the Commission.

(3)Regulations under sub-paragraph (2) may not repeal sub-paragraph (1)(a).

Commencement Information

I24Sch. para. 17 not in force at Royal Assent, see s. 28(2)

I25Sch. para. 17 in force at 15.2.2024 by S.S.I. 2024/29, reg. 2(1)(2), sch. 1

PART 6SStaff

Appointment of staffS

18The Commission may appoint staff.

Commencement Information

I26Sch. para. 18 not in force at Royal Assent, see s. 28(2)

I27Sch. para. 18 in force at 15.2.2024 by S.S.I. 2024/29, reg. 2(1)(2), sch. 1

Staff terms and conditionsS

19Staff appointed by the Commission are appointed on such terms and conditions as the Scottish Ministers approve.

Commencement Information

I28Sch. para. 19 not in force at Royal Assent, see s. 28(2)

I29Sch. para. 19 in force at 15.2.2024 by S.S.I. 2024/29, reg. 2(1)(2), sch. 1

Staff pensions, allowances and gratuitiesS

20(1)The Commission may pay, or make arrangements for the payment of, pensions, allowances and gratuities to, or in respect of, any person who is or has been a member of its staff.

(2)But the Commission may not make those payments or arrangements without the Scottish Ministers’ approval.

(3)The arrangements referred to in sub-paragraph (1) may include—

(a)making payments toward the provision of pensions, allowances and gratuities,

(b)providing and maintaining schemes for the payment of pensions, allowances and gratuities.

(4)The reference in sub-paragraph (1) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of office.

Commencement Information

I30Sch. para. 20 not in force at Royal Assent, see s. 28(2)

I31Sch. para. 20 in force at 15.2.2024 by S.S.I. 2024/29, reg. 2(1)(2), sch. 1

PART 7SApplication of legislation relating to public bodies

Amendment of public bodies’ legislationS

21(1)In the Ethical Standards in Public Life etc. (Scotland) Act 2000, in schedule 3 (devolved public bodies), after the entry relation to the Scottish Fiscal Commission insert— “The Scottish Food Commission”.

(2)In the Freedom of Information (Scotland) Act 2002, in Part 7 of schedule 1 (non-ministerial office holders in the Scottish Administration), after paragraph 85ZA insert—

85ZAAThe Scottish Food Commission.

(3)In the Public Appointments and Public Bodies etc. (Scotland) Act 2003, in schedule 2 (the specified authorities), under the heading “Executive bodies”, after the entry relating to the Scottish Fiscal Commission insert— “The Scottish Food Commission”.

(4)In the Public Services Reform (Scotland) Act 2010, in schedule 8 (listed public bodies), after the entry relating to the Scottish Fiscal Commission insert— “The Scottish Food Commission”.

(5)In the Public Records (Scotland) Act 2011, in the schedule, under the heading “Others” after the entry relating to the Scottish Fire and Rescue Service insert— “The Scottish Food Commission”.

(6)In the Procurement Reform (Scotland) Act 2014, in Part 3 of the schedule (contracting authorities: others), after paragraph 50 insert—

50AThe Scottish Food Commission.

Commencement Information

I32Sch. para. 21 not in force at Royal Assent, see s. 28(2)

I33Sch. para. 21 in force at 15.2.2024 by S.S.I. 2024/29, reg. 2(1)(2), sch. 1

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources