Explanatory note

Section 512(3) of the Education Act 1996, as amended by section 201 of the Education Act 2002 places a duty on Local Education Authorities to provide school lunches to pupils eligible for free school lunches and others, provided any prescribed requirements are met. This Order prescribes such a requirement.

The requirement is set out in article 3. It only applies to registered pupils receiving nursery education; they must be present for two full sessions on any day on which they attend school for there to be a duty to provide lunch on that day.

Article 4 contains a transitional provision, to prevent pupils receiving part-time nursery education at maintained schools for whom school lunches are already being provided immediately before 1 April 2003, from losing their entitlement to such lunches.

Article 5 revokes the Education (School Lunches) (Prescribed Requirement) (Wales) Order 2003.