Local Government Act 1988

4 (1) The following (and only the following) fall within section 2(2)(d) above—

(a) providing ingredients for, and preparing, delivering and serving, meals for consumption in schools other than excepted schools;

(b) providing refreshments for consumption in schools other than excepted schools;

(c) providing ingredients for, and preparing and delivering, meals for consumption in residential establishments or day centres other than excepted establishments or centres;

(d) providing refreshments for consumption in residential establishments or day centres other than excepted establishments or centres;

(e) providing ingredients for, and preparing, meals for provision to persons in their own homes under section 45 of the Health Services and Public Health Act 1968, section 2(1)(g) of the [1970 c. 44.] Chronically Sick and Disabled Persons Act 1970, Part II of Schedule 9 to the [1983 c. 41.] Health and Social Services and Social Security Adjudications Act 1983 or section 12 of the [1968 c. 49.] Social Work (Scotland) Act 1968.

(2) For the purposes of sub-paragraph (1) above a school is an excepted one if—

(a) it is a special school or a school on whose premises all or some of the pupils reside,

(b) it is maintained by a local education authority or, in Scotland, it is under the management of an education authority, and

(c) meals are prepared on its premises.

(3) For the purposes of sub-paragraph (1) above an establishment or centre is an excepted one if it is maintained by a local authority and meals are prepared on its premises; and “local authority” here has the same meaning as in section 1(1) above.

(4) In this paragraph “residential establishment” has the same meaning as in paragraph 2 above.

(5) In this paragraph “day centre” means premises (other than residential premises) where facilities are provided under—

(a) section 29 of the [1948 c. 29.] National Assistance Act 1948,

(b) section 45 of the [1968 c. 46.] Health Services and Public Health Act 1968,

(c) section 12 of the [1968 c. 49.] Social Work (Scotland) Act 1968,

(d) Schedule 8 to the [1977 c. 49.] National Health Service Act 1977, or

(e) Part II of Schedule 9 to the [1983 c. 41.] Health and Social Services and Social Security Adjudications Act 1983.