2022 No. 172

Education

The Education (Scotland) Act 1980 (Modification) Regulations 2022

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 53(8)(a)(i) and (ii) of the Education (Scotland) Act 19801 and all other powers enabling them to do so.

Citation and commencement1

These Regulations may be cited as the Education (Scotland) Act 1980 (Modification) Regulations 2022 and come into force on 1 August 2022.

Modification of the Education (Scotland) Act 19802

In section 53(7) of the Education (Scotland) Act 1980 (provision of school meals)—

a

in paragraph (aa)2, for “£7,500” substitute “£7,920”,

b

in paragraph (c)3, for “£625”, in both places where it appears, substitute “£660”.

SHIRLEY-ANNE SOMERVILLEA member of the Scottish GovernmentSt Andrew’s House,Edinburgh
EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 53(2) of the Education (Scotland) Act 1980 provides that an education authority must provide or secure the provision of a school lunch (as defined in section 53(12)) free of charge to pupils falling within section 53(7).

Regulation 2(a) modifies the income threshold in section 53(7)(aa) to provide that a pupil falls within section 53(7) if the parents of the pupil are in receipt of child tax credit and working tax credit where the income as calculated for the purpose of awarding those tax credits does not exceed £7,920.

Regulation 2(b) modifies the income threshold in section 53(7)(c) to provide that a pupil falls within section 53(7) if the pupil or the parents of the pupil are in receipt of universal credit, provided the pupil or parents’ earned income, either as an individual who is not a member of a couple or as a member of a couple, does not exceed £660 in the assessment period immediately preceding the application for a free school lunch being made.