Explanatory note

Section 53(2) of the Education (Scotland) Act 1980 (“the 1980 Act”) provides that an education authority must provide or secure the provision of a school lunch (as defined in section 53(12) of the 1980 Act) free of charge to pupils falling within section 53(7). An education authority may provide other food or drink to pupils falling outwith section 53(7) as per section 53(3)(a) of the 1980 Act and may provide food and drink to other pupils as per section 53(3)(b).

Regulation 2 of these Regulations modifies the 1980 Act to provide that a pupil falls within section 53(7) if the parents of the pupil are in receipt of an award of child tax credit and working tax credit where the income as calculated for the purpose of awarding those tax credits does not exceed £6,900.

The effect of regulation 2 is that pupils who fall within the prescribed description are entitled to be provided with a school lunch free of charge.