2008 No. 400
The Provision of School Lunches (Disapplication of the Requirement to Charge) (Scotland) Order 2008
Made
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by section 57(1) and (3) of the Local Government in Scotland Act 20031 (“the 2003 Act”) and all other powers enabling them to do so.
In accordance with section 57(6) of the 2003 Act, a draft of this Order has been laid before, and approved by resolution of, the Scottish Parliament.
The Scottish Ministers, with reference to section 57(2)(c) of the 2003 Act, consider that section 53(2) of the Education (Scotland) Act 19802 prevents local authorities from exercising their power under section 20(1) of the 2003 Act.
Citation and commencement1
This Order may be cited as the Provision of School Lunches (Disapplication of the Requirement to Charge) (Scotland) Order 2008 and comes into force on 1st December 2008.
Interpretation2
In this Order–
“the 1980 Act” means the Education (Scotland) Act 1980;
“the 2003 Act” means the Local Government in Scotland Act 2003;
“Primary 1”, “Primary 2” and “Primary 3” mean respectively the first, second or third yearly stage of primary education;
“primary education” has the same meaning as in section 135(2)(a) of the 1980 Act;
“pupil” and “school” have the same meanings as in section 135(1) of the 1980 Act;
“school lunch” has the same meaning as in section 53(5)3 of the 1980 Act; and
“council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 19944.
Disapplication of section 53(2) of the 1980 Act3
Section 53(2) of the 1980 Act (duty to charge for school lunches) is disapplied in relation to councils to the extent necessary to enable them to provide, in pursuance of section 20(1) of the 2003 Act, school lunches free of charge to all pupils in Primary 1, Primary 2 and Primary 3 of primary education within schools under their management.
Revocation4
The Provision of School Lunches (Disapplication of the Requirement to Charge) (Scotland) Order 20075 is revoked.
(This note is not part of the Order)