OpenLegislation

Regulation 21 School meals staffI1C1

England and Wales

(1)

Subject to paragraphs (2) to (5), the authority is responsible for the appointment, discipline, suspension and dismissal of school meals staff who work or are to work at a school.

(2)

Before exercising any such function the authority must consult the school’s governing body to such extent as the authority thinks fit.

(3)

Where an order is in force under section 512A(1) of the Education Act 1996f1 imposing on the governing body of a school a duty corresponding to a duty of the authority mentioned in section 512(3) and (4) of that Act (duty to provide school lunches) or section 512ZB(1) of that Act (duty to provide school lunches free of charge), paragraph (4) or (5) applies as appropriate.

(4)

Where the governing body and the authority have agreed that the authority will provide lunches at the school and the governing body determines that any member of the school meals staff should cease to work at the school—

(a)

the governing body must notify the authority in writing of its determination and the reasons for it; and

(b)

the authority must require the person to cease to work at the school.

(5)

Where no such agreement has been made, regulations 7, 17, 19 and 20 apply in relation to school meals staff.

Annotations

Modifications

C1

Regs. 12-22 applied (with modifications) by S.I. 2007/2979, Sch. 1 para. 28 (as substituted (1.4.2013) by The Pupil Referral Units (Miscellaneous Amendments) (No.2) (England) Regulations 2012 (S.I. 2012/3158), regs. 1, 3(9))

Commencement

I1

Reg. 21 in force at 2.11.2009, see reg. 1(1)

Footnotes

f1

The Education Act 1996 c. 56. Section 512A was inserted by section 116 of the School Standards and Framework Act 1998 (c.31), and amendment by EA 2002, sections 201(2) and 215(1) and Schedule 21, and by the Education Act 2005 (c. 18), section 112.