Explanatory note
(This note is not part of the Order)
These Regulations require food and drink provided in maintained schools to comply with certain nutritional standards which are set out in the Schedules. These Regulations replace the Education (Nutritional Standards for School Lunches) (England) Regulations 2000 and the Education (Nutritional Standards for School Lunches) (England) Regulations 2006.
Regulation 2(2) sets out certain exemptions to these Regulations.
Regulation 3 and Schedule 1 divide food which is the subject of these Regulations into six groups for the purpose of the Schedules which prescribe requirements for food according to the groups.
As some requirements in the Schedules refer to the frequency with which certain foods must or must not be provided by reference to weeks, regulation 4 provides that where a school is only open for part of a week the menus should continue as if it were open for the whole week.
Regulation 5 sets out the requirements for school lunches provided to registered pupils whether on school premises or not, and to other persons on school premises. The local education authority or the governing body have a duty to ensure that these requirements are complied with. Requirements coming into force from 10th September 2007 are set out in Schedule 2. From 1st September 2008 (primary schools) or 1st September 2009 (secondary schools) schools must comply with the requirements in Schedule 3 in place of those in Schedule 2. They may also do so at an earlier date.
Schedule 3 is in two parts. Part 1 sets out requirements for the types of food that must be provided or must not be provided as part of school lunches after the dates given in regulations 5 and 6. Part 2 requires a calculation to be made to ensure that the correct amounts of energy and nutrients are contained in an average school lunch.
Regulation 6 provides that special schools and pupil referral units must comply with the requirements in Schedule 3 from 1st September 2009. They may also do so at an earlier date.
Regulation 7 specifies that food provided on a school day otherwise than as part of a school lunch must comply with the requirements in Schedule 4, unless it is provided after 6 pm or on part of the premises which is controlled by another person for community use. Regulation 8 makes similar provision in respect of food provided by the local education authority or governing body to pupils on a school trip. By virtue of Regulation 13 these provisions do not apply to nursery schools or to nursery units within primary schools.
Regulation 9 provides that drinking water must be provided free of charge to pupils on school premises.
Regulation 10 limits the ingredients that may be used in fruit juice provided in schools.
Regulation 11 specifies that drinks provided in schools may only contain the additives which are permitted by Directive 89/107/EEC or by these Regulations; except that combination drinks may also contain flavourings.
Regulation 12 applies the requirements in Schedule 5 to nursery schools and nursery units with primary schools in cases where they do not comply with Schedule 2. Regulation 13 disapplies regulations 5, 7 and 8 in respect of nursery schools and nursery units within primary schools.
Regulation 14 revokes the earlier Regulations.