Explanatory note
(This note is not part of the Order)
This order–
imposes duties with respect to the provision of free school lunches and paid school lunches (when in force) on the governing bodies of maintained schools in England whose budget share includes an amount in respect of meals and other refreshment; and
imposes duties with respect to the provision of free milk on the governing bodies of former grant-maintained and grant-maintained special schools in England.
The effect of section 512A(4) of the Education Act 1996 is that where such duties are imposed on the governing body of a maintained school the local education authority is not subject to a corresponding duty in relation to the school. The order also modifies section 512(2)(b) of the Education Act 1996 where a school’s delegated budget has been suspended.
This order revokes the Education (Transfer of Functions Concerning School Lunches) (England) Order 1999 which made similar provision for schools of certain types in a limited number of named local education authorities.