Section 551B Free breakfast club provision in primary schools in EnglandF1

The appropriate authority of a relevant school in England must secure that breakfast club provision is available, free of charge, for all qualifying primary pupils at the school.

“Breakfast club provision” means—

The references in subsection (2) to the provision of childcare and breakfast are to their provision on the school premises or on suitable premises in the vicinity of the school premises.

The duty under subsection (1) does not apply in relation to a relevant school on any school day in which—

Food and drink provided pursuant to subsection (2)(b) may, subject to the applicable food standards duty, take such form as the appropriate authority thinks fit.

In this section and sections 551C and 551D—

• “the appropriate authority” means—

  1. (a)

     in relation to an Academy school, an alternative provision Academy or a non-maintained special school, the proprietor;

  2. (b)

     in relation to a maintained school, the governing body;

  3. (c)

     in relation to a pupil referral unit, the local authority which maintains the unit;

• “qualifying primary pupil”, in relation to a relevant school, means a junior pupil who is a registered pupil at the school and—

  1. (a)

     is of compulsory school age, or

  2. (b)

     is not of compulsory school age but is in reception at the school;

• “relevant school” means—

  1. (a)

     an Academy school,

  2. (b)

     an alternative provision Academy,

  3. (c)

     a maintained school,

  4. (d)

     a non-maintained special school, or

  5. (e)

     a pupil referral unit,

  other than where established in a hospital.

In this section—

• “the applicable food standards duty” means—

  1. (a)

     the duty imposed by section 114A(4) of SSFA 1998 (including as applied in relation to a non-maintained special school by regulations under section 342(4)(a) of this Act), or

  2. (b)

     in relation to an Academy school or an alternative provision Academy, a duty contained in Academy arrangements relating to the school that is equivalent to the duty imposed by section 114A(4) of SSFA 1998 (see section 512C of this Act);

• “childcare” has the meaning given by section 18 of the Childcare Act 2006;

• “maintained school” means—

  1. (a)

     a community, foundation or voluntary school, or

  2. (b)

     a community or foundation special school;

• “non-maintained special school” has the meaning given by section 337A;

• “reception” means a year group in which the majority of children will, in the school year, attain the age of 5;

• “SSFA 1998” means the School Standards and Framework Act 1998.