Education Act 1996 (c. 56)

Part IX E+W Ancillary functions

Chapter II E+W Ancillary functions of [F1 local authorities]

Textual Amendments

F1 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(3) (with Sch. 2 para. 7(4)(5))

Provision of services E+W

[F2 512ZB Provision of free school lunches and milk E+W

(1) Where the [F3 local authority] provide a school lunch in accordance with section 512(3) to a person who is eligible for free lunches, the authority shall provide the meal free of charge.

(2) For this purpose a person is eligible for free lunches if—

(a) he is within subsection (4) [F4 or (4A) (or both)], and

(b) a request that the school lunches be provided free of charge has been made by him or on his behalf to the authority.

(3) Where a [F3 local authority] exercise their power under subsection (1) of section 512 to provide a person within paragraph (a) or (c) of that subsection with milk, the authority shall provide the milk free of charge if—

(a) the person is within subsection (4), and

(b) a request that the milk be provided free of charge has been made by him or on his behalf to the authority.

(4) A person [F5 (“C”)] is within this subsection if—

(a) [F6 C's parent] is—

[F7 (ai) in receipt of universal credit in such circumstances as may be prescribed for the purposes of this paragraph, or]

F8 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (iia) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) in receipt of support provided under Part 6 of the Immigration and Asylum Act 1999 (c. 33), or

F9 (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10 (aa) C meets any conditions prescribed for the purposes of this paragraph and C's parent is, in such circumstances as may be so prescribed—

(i) in receipt of any benefit or allowance not falling within paragraph (a) that is so prescribed, or

F11 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(b) [F12 C is—]

[F13 (ai) in receipt of universal credit in such circumstances as may be prescribed for the purposes of this paragraph, or]

F14 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14 (iia) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F16 (c) C meets any conditions prescribed for the purposes of this paragraph and is—

(i) in receipt of any benefit or allowance not falling within paragraph (b) that is so prescribed, or

(ii) entitled to any tax credit under the Tax Credits Act 2002 or element of such a tax credit, that is so prescribed.]

[F16 (c) C meets any conditions prescribed for the purposes of this paragraph and is—

(i) in receipt of any benefit or allowance not falling within paragraph (b) that is so prescribed, F17 ...

F17 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F18 (4A) A person is within this subsection if the person—

(a) is a registered pupil at a maintained school or pupil referral unit in England, and

(b) is in reception, year 1, year 2 or any other prescribed year group at the school.

(4B) The Secretary of State may by order provide for the following to be treated as persons within subsection (4A)—

(a) registered pupils, or any description of registered pupils, at a maintained nursery school in England;

(b) children, or any description of children, who receive relevant funded early years education, or any description of such education, in England.

(4C) In subsection (4A)—

• “maintained school” means—

  (a)

  a community, foundation or voluntary school, or

  (b)

  a community or foundation special school;

• “reception” means a year group in which the majority of children will, in the school year, attain the age of 5;

• “year 1” means a year group in which the majority of children will, in the school year, attain the age of 6;

• “year 2” means a year group in which the majority of children will, in the school year, attain the age of 7;

• “year group” means a group of children at a school the majority of whom will, in a particular school year, attain the same age.]

(5) In this section “prescribed”[F19 , “relevant funded early years education”] and “school lunch” have the same meaning as in section 512.]

Textual Amendments

F2 Ss. 512-512ZB substituted for s. 512 (31.3.2003 for W. for specified purposes, 6.4.2003 for E. for specified purposes) by Education Act 2002 (c. 32), ss. 201(1), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/124, art. 5 (with art. 6)

F3 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))

F4 Words in s. 512ZB(2)(a) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), ss. 106(2)(a), 139(6); S.I. 2014/889, art. 7(d)

F5 Word in s. 512ZB(4) inserted (25.5.2010) by Child Poverty Act 2010 (c. 9), ss. 26(1)(a), 31(2)

F6 Words in s. 512ZB(4)(a) substituted (25.5.2010) by Child Poverty Act 2010 (c. 9), ss. 26(1)(b)(i), 31(2)

F7 S. 512ZB(4)(a)(ai) inserted (29.4.2013) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 2 para. 39(a); S.I. 2013/983, art. 3(1)(b)(i)

F8 S. 512ZB(4)(a)(i)-(iia) repealed (31.3.2022) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2018/145, art. 2 (with art. 3) (as amended by S.I. 2019/655, art. 2)

F9 S. 512ZB(4)(a)(iv) omitted (25.5.2010) by virtue of Child Poverty Act 2010 (c. 9), ss. 26(1)(b)(iii), 31(2)

F10 S. 512ZB(4)(aa) inserted (25.5.2010) by Child Poverty Act 2010 (c. 9), ss. 26(1)(c), 31(2)

F11 S. 512ZB(4)(aa)(ii) repealed (31.3.2022) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2018/145, art. 2 (with art. 3) (as amended by S.I. 2019/655, art. 2)

F12 Words in s. 512ZB(4)(b) substituted (25.5.2010) by Child Poverty Act 2010 (c. 9), ss. 26(1)(d)(i), 31(2)

F13 S. 512ZB(4)(b)(ai) inserted (29.4.2013) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 2 para. 39(b); S.I. 2013/983, art. 3(1)(b)(i)

F14 S. 512ZB(4)(b)(i)-(iia) repealed (31.3.2022) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2018/145, art. 2 (with art. 3) (as amended by S.I. 2019/655, art. 2)

F15 S. 512ZB(4)(b)(iii) omitted (25.5.2010) by virtue of Child Poverty Act 2010 (c. 9), ss. 26(1)(d)(iii), 31(2)

F16 S. 512ZB(4)(c) inserted (25.5.2010) by Child Poverty Act 2010 (c. 9), ss. 26(1)(e), 31(2)

F17 S. 512ZB(4)(c)(ii) and word repealed (31.3.2022) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2018/145, art. 2 (with art. 3) (as amended by S.I. 2019/655, art. 2)

F18 Ss. 512ZB(4A)-(4C) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), ss. 106(2)(b), 139(6); S.I. 2014/889, art. 7(d)

F19 Words in s. 512ZB(5) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), ss. 106(2)(c), 139(6); S.I. 2014/889, art. 7(d)

Modifications etc. (not altering text)

C1 Ss. 512-512ZB: power to modify conferred (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 17 para. 7 (with ss. 88-90) (which affecting provision expires (25.9.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89 (with s. 90))