Explanatory note

These Regulations apply to local authorities and governing bodies of maintained schools that provide food and drink to pupils of maintained schools, whether they are on school premises or not, and to other persons on school premises.

These Regulations set out the types of food and drink that can, and cannot, be provided during the school day and define the nutrient content of school lunches.

These Regulations were notified in draft to the European Commission in accordance with Directive 98/34/EC ^f1, as amended by Directive 98/48/EC ^f2.

These Regulations replace the Education (Nutritional Standards for School Lunches) (Wales) Regulations 2001^f3.

Local authorities and governing bodies of maintained schools must comply with these Regulations from 2 September 2013.

Regulation 2(2) sets out certain exemptions to these Regulations.

Regulation 3 revokes the earlier Regulations.

Regulation 4 and Schedule 1 set out the requirements that must be met where school breakfast is provided.

Regulation 5 applies the requirements in Schedule 2 where school lunch is provided to pupils in nursery schools or other persons on the premises of a nursery school in cases where school lunch does not comply with the requirements in Schedule 3 and the nutritional standards in Schedule 4.

Regulation 6 and Schedules 3 and 4 set out the requirements and the nutritional standards that must be met where school lunch is provided.

As some requirements in the Schedules refer to the frequency with which certain foods must or must not be provided by reference to a week, regulation 6(5) provides that where a school is only open for part of a week the number of times food must or must not be provided should continue as if it were open for the whole week.

Regulation 7 and Schedule 5 prescribe requirements that must be met in relation to drinks.

Under Regulation 8 food or drink provided at times outside of school breakfast or school lunch (such as at break time) must comply with the requirements in Schedule 5 or 6.

Schedule 3 sets out requirements relating to food that must be provided, or must not be provided, as part of school lunch in primary and secondary schools.

Schedule 4 requires a calculation to be made for a school or a group of schools to ensure that the correct amount of energy and nutrients is contained in an average school lunch.