Explanatory note

These Regulations make provision for the appointment, discipline, suspension and dismissal of school meals staff employed by local education authorities to work solely in connection with the provision of meals at community, voluntary controlled and community special schools with delegated budgets in England.

Responsibility for the appointment, discipline, suspension and dismissal of school meals staff will in general rest with the local education authority in consultation with the governing body of the school concerned (regulation 2).

Where an order has been made under section 512A of the Education Act 1996 placing a duty on the governing body to provide paid or free school lunches but the lunches are supplied by the local education authority pursuant to an agreement between the governing body and the authority, responsibility for the appointment, discipline, suspension and dismissal of school meals staff will rest with the authority in consultation with the governing body but the governing body may require any person to cease to work at the school (regulation 3).

Where an order has been made under section 512A of the Education Act 1996 placing a duty on the governing body to provide paid or free school lunches and no such agreement has been entered into with the authority then paragraphs 20 to 22 and 24 to 29 of Schedule 16 to the School Standards and Framework Act 1998 shall apply to the appointment, discipline, suspension and dismissal of school meals staff (regulation 4).

The Regulations are applied by virtue of paragraph 27(3) of Schedule 17 to the School Standards and Framework Act 1998 to school meals staff who are, or are to be, employed by an authority at a foundation, voluntary aided or foundation special school.