The Education (Non-Maintained Special Schools) (England) Regulations 2011

Meals and refreshments

26.—(1) Facilities must be provided to enable the consumption of any meals or refreshments brought to school by registered day pupils.

(2) A school lunch must be provided where this is requested by, or on behalf of, a registered day pupil unless—

(a) it would be impracticable to comply with this request, or

(b) the pupil in question has not reached compulsory school age and is being provided with part-time education.

(3) Subject to sub-paragraphs (4) and (5), a charge may be made for the provision of meals or other refreshments to registered day pupils, and each pupil must be charged the same price for the same quantity of every item.

(4) Where any registered day pupil is in receipt of—

(a) income support,

(b) income-based jobseeker’s allowance (payable under the Jobseekers Act 1995(1)),

(c) income-related employment and support allowance, or

(d) any other benefit or allowance prescribed under section 512ZB(4)(c)(i) of the 1996 Act(2) and meets such conditions prescribed under section 512ZB(4)(c),

a school lunch must be provided for the pupil free of charge and, where milk is provided for the pupil, it must be provided free of charge.

(5) Where the parent of any registered day pupil is in receipt of—

(a) income support,

(b) income-based jobseeker’s allowance (payable under the Jobseekers Act 1995),

(c) income-related employment and support allowance,

(d) support provided under Part 6 of the Immigration and Asylum Act 1999(3), or

(e) any other benefit or allowance prescribed under section 512ZB(4)(aa)(i) of the 1996 Act, in such circumstances as may be prescribed under section 512ZA(4)(aa), and the pupil meets any conditions prescribed under that provision,

a school lunch must be provide for the pupil free of charge and, where milk is provided for the pupil, it must be provided free of charge.

(6) Where—

(a) any registered day pupil is entitled to any tax credit under the Tax Credits Act 2002(4) or element of such a tax credit that is prescribed under section 512ZB(4)(c)(ii) of the 1996 Act, and meets such conditions as may be prescribed under section 512ZB(4)(c), or

(b) The parent of any registered day pupil is entitled to any tax credit under the Tax Credits Act 2002 or element of such a tax credit that is prescribed under section 512ZB(4)(aa)(ii) of the 1996 Act, in such circumstances as may be prescribed under section 512ZB(4)(aa), and the pupil meets any conditions prescribed under that provision.

(7) No charge may be made for the facilities provided under sub-paragraph (1).

(8) Nothing in this paragraph is to be construed as precluding the taking into account of the net cost of providing for registered day pupils—

(a) such facilities as are mentioned in sub-paragraph (1), and

(b) meals and other refreshments,

when determining the tuition and other fees payment of which is a condition of attendance at the school.

(9) In this paragraph “school lunch” in relation to a pupil, means food made available for consumption by the pupil as a midday meal on a school day.

(1)

1995 c.18.

(2)

Section 512ZB was substituted, together with sections 512, 512ZA for section 512 as originally enacted, by the 2002 Act, section 201(1). Subsection (4)(aa) and (c) were inserted by the Child Poverty Act 2010 (c.9), section 26(1)(c) and (e).

(3)

1999 c.33.

(4)

2002 c.21.