Paragraph 12 Milk, meals and refreshment

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. para. 12(3) words inserted by Employment and Support Allowance (Consequential Provisions) 2008 reg. 5
Sch. para. 21(6)(a) word substituted by Apprenticeships, Skills, Children and Learning Act 2009, Parts 7 and 8 2010 art. 5
Sch. para. 3C(2)(b) words inserted by Education (Miscellaneous Amendments relating to Safeguarding Children) 2009 reg. 2(3)

(1)

The governing body–

(a)

shall provide such facilities as they consider appropriate for the consumption of any meals or refreshments brought to school by day pupils, and

(b)

on and after 1st April 2000, shall provide a school lunch where requested to do so by, or on behalf of a registered day pupil; but the governing body shall not be required to provide a school lunch–

(i)

if, in the circumstances, it would be unreasonable for them to do so, or

(ii)

where the pupil in question has not reached compulsory school age and is being provided with part-time education.

(2)

Subject to sub-paragraph (3), the governing body must charge for anything provided by them to day pupils by way of milk, a meal or other refreshment and must charge every pupil the same price for the same quantity of every item.

(3)

The governing body shall, in relation to any pupil whose parents are in receipt of income support or an income based jobseeker’s allowance (payable under the Jobseekers Act 1995^f1) or who is himself in receipt of it–

(a)

secure that a school lunch is provided for the pupil which shall be provided free of charge; and

(b)

if they provide the pupil with milk, provide it free of charge.

(4)

No charge shall be made for the facilities provided in pursuance of sub-paragraph (1)(a).

(5)

Nothing in this paragraph shall be construed as precluding the governing body of a school, when determining the tuition and other fees payment of which is a condition of attendance at the school, from taking into account the net cost to them of providing for day pupils–

(a)

such facilities as are mentioned in sub-paragraph (1)(a) and

(b)

milk, meals and other refreshment.

(6)

School lunches provided by the governing body shall comply with the nutritional standards or other nutritional requirements prescribed by regulations from time to time in force under section 114 of the School Standards and Framework Act 1998^f2.

(7)

In this paragraph “school lunch” in relation to a pupil, means food made available for consumption by the pupil as his midday meal on a school day, whether involving a set meal or the selection of items by him or otherwise.

Annotations

Footnotes

f1: 1995 c. 18.
f2: 1998 c. 31.