(1)An education authority—
(a)may provide [F1food or drink] for pupils in attendance at public schools and other educational establishments under their management [F2and may do so either on the premises or at any place other than the school premises where education is being provided]; and
(b)shall provide such facilities as the authority consider appropriate for the consumption of any [F3food or drink] brought to the school or other educational establishment by such pupils.
[F4(2)Where an education authority provide school lunches under subsection (1)(a), they must, subject to subsection (3), charge pupils for the lunches.
(2A)Subsection (2B) applies where an education authority provide, under subsection (1)(a), anything other than school lunches.
(2B)The authority may—
(a)provide any food or drink free of charge, or
(b)charge pupils for any food or drink.
(2C)An education authority may exercise the power conferred by subsection (2B)(a) in relation to—
(a)pupils who satisfy such conditions as the authority think fit,
(b)the provision of food or drink at such times of the day (other than in the middle of the day) as they think fit.
(2D)Where, by virtue of subsection (2) or (2B)(b), an education authority charge for a particular food or drink, they must charge the same price for the same quantity of the food or drink.]
[F5(3)Subsection (3AA) below applies in relation to a pupil—
(a)whose parents are in receipt of—
(i)income support;
(ii) an income-based jobseeker’s allowance (payable under the M1 Jobseekers Act 1995); F6 ...
(iii)support provided under Part VI of the Immigration and Asylum Act 1999; [F7or
(iv)any other benefit or allowance or any tax credit or element of such a tax credit (within the meaning of the Tax Credits Act 2002 (c. 21)) that the Scottish Ministers may by regulations prescribe, in such circumstances as may be so prescribed;] or
(b)who is himself in receipt of
[F8(i)income support;
(ii)an income-based jobseeker’s allowance; or
(iii)any other benefit or allowance or any tax credit or element of such a tax credit (within the meaning of the Tax Credits Act 2002 (c. 21)) that the Scottish Ministers may by regulations prescribe, in such circumstances as may be so prescribed]
(3AA) An authority shall so exercise the power conferred by subsection (1)( a ) above as to ensure that [F9a school lunch is provided for the pupil] free of charge.]
F10(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)For the purposes of this section, a pupil for whom an education authority have made special arrangements under section 14 of this Act may, at the discretion of the authority, be deemed to be in attendance at a public school under their management.
[F11(5) In this section and sections 53A and 53B, “school lunch” means anything provided under subsection (1)(a) in the middle of the day which the education authority consider is appropriate for consumption as a meal at that time of day.]
Textual Amendments
F1Words in s. 53(1)(a) substituted (10.8.2007) by Schools (Health Promotion and Nutrition) (Scotland) Act 2007 (asp 15), ss. 6(2)(a), 11(2); S.S.I. 2007/372, art. 2(a)
F2Words inserted by Social Security Act 1986 (c. 50, SIF 113:1), s. 77(1)(b)
F3Words in s. 53(1)(b) substituted (10.8.2007) by Schools (Health Promotion and Nutrition) (Scotland) Act 2007 (asp 15), ss. 6(2)(b), 11(2); S.S.I. 2007/372, art. 2(a)
F4S. 53(2)-(2D) substituted (10.8.2007) for s. 53(2) by Schools (Health Promotion and Nutrition) (Scotland) Act 2007 (asp 15), ss. 6(3), 11(2); S.S.I. 2007/372, art. 2(a)
F5S. 53(3)(3AA) substituted (3.4.2000) for the words in s. 53(3) by 1999 c. 33, s. 169(1), Sch. 14 para. 74(a)(i); S.I. 2000/464, art. 2, Sch.
F6Word in s. 53(3)(a)(ii) repealed (retrospective to 6.4.2003) by Education (School Meals) (Scotland) Act 2003 (asp 18), s. 1(2)(a)(4)
F7S. 53(3)(a)(iv) and word inserted (retrospective to 6.4.2003) by Education (School Meals) (Scotland) Act 2003 (asp 18), s. 1(2)(b)(4)
F8S. 53(3)(b)(i)-(iii) substituted (retrospective to 6.4.2003) for words by Education (School Meals) (Scotland) Act 2003 (asp 18), s. 1(3)(4)
F9Words in s. 53(3AA) substituted (10.8.2007) by Schools (Health Promotion and Nutrition) (Scotland) Act 2007 (asp 15), ss. 6(4), 11(2); S.S.I. 2007/372, art. 2(a)
F10S. 53(3A) repealed (31.12.2004) by Standards in Scotland’s Schools etc. Act 2000 (asp 6), s. 61(2), sch. 3; S.S.I. 2004/528, art. 2(b)
F11S. 53(5) added (10.8.2007) by Schools (Health Promotion and Nutrition) (Scotland) Act 2007 (asp 15), ss. 6(5), 11(2); S.S.I. 2007/372, art. 2(a)
Modifications etc. (not altering text)
C1S. 53(2) disapplied (temp. until 30.6.2008) (10.10.2007) by Provision of School Lunches (Disapplication of the Requirement to Charge) (Scotland) Order 2007 (S.S.I. 2007/451), arts. 1, 3
Marginal Citations