Education (Scotland) Act 1980

[F1 53 Provision of school meals S

(1) This section applies to—

(a) pupils in attendance at public schools and other educational establishments under the management of an education authority, and

(b) pupils who receive school education under arrangements entered into by an education authority under section 35 of the Standards in Scotland's Schools etc. Act 2000 (provision of school education by persons other than education authorities).

(2) The authority must provide or secure the provision of a school lunch, free of charge, to pupils falling within subsection (7).

(3) The authority may provide or secure the provision of—

(a) other food or drink to pupils falling within subsection (7),

(b) food or drink to other pupils.

(4) Where the authority provides or secures the provision of food or drink under subsection (3)(a) or (b) to pupils, it may—

(a) do so free of charge, or

(b) charge the pupils.

(5) The authority may exercise the power under subsection (4) to provide or secure the provision of food or drink free of charge—

(a) in relation to pupils who satisfy such conditions as the authority thinks fit,

(b) at such times of the day as the authority thinks fit.

(6) Any charge under subsection (4) must be the same for the same quantity of the food or drink provided.

(7) A pupil falls within this subsection if—

(a) the pupil is, or the parents of the pupil are, in receipt of—

(i) income support,

(ii) an income-based jobseeker's allowance (payable under the Jobseekers Act 1995),

(iii) an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance),

[F2 (aa) the parents of the pupil are in receipt of child tax credit and working tax credit under Part 1 of the Tax Credits Act 2002 and the income calculated for the purpose of awarding those tax credits does not exceed [F3 £9,552],]

(b) the parents of the pupil are in receipt of support provided under Part 6 of the Immigration and Asylum Act 1999.

[F4 (c) the pupil is, or the parents of the pupil are, in receipt of universal credit, either—

(i) as an individual who is not a member of a couple, where the individual has earned income not exceeding [F5 £796] in the assessment period immediately preceding the application for a free school lunch being made, or

(ii) as a member of a couple, where the couple have a combined earned income not exceeding [F5 £796] in the assessment period immediately preceding the application for a free school lunch being made.

In this subsection—

• “assessment period” means the assessment period for the purposes of universal credit as specified in regulation 21 of the Universal Credit Regulations 2013,

• “couple” has the meaning given in section 39 of the Welfare Reform Act 2012,

• “earned income” means the person’s earned income within the meaning of Chapter 2 of Part 6 of the Universal Credit Regulations 2013,

• “universal credit” means universal credit payable under Part 1 of the Welfare Reform Act 2012.]

(8) The Scottish Ministers may by regulations modify subsection (7) by—

(a) adding a description of pupil by reference to—

(i) any benefit or allowance received by the pupil, or the parents of the pupil, in such circumstances as may be prescribed in the regulations,

(ii) any tax credit, or element of a tax credit, within the meaning of the Tax Credits Act 2002 received by the pupil, or the parents of the pupil, in such circumstances as may be so prescribed,

(iii) the yearly stage of primary or secondary education of the pupil,

(b) adding such other description of pupil as may be prescribed in the regulations.

(9) An education authority must provide such facilities as the authority considers appropriate for the consumption of food or drink brought by pupils to schools or other educational establishments as mentioned in subsection (1)(a) under the management of the authority.

(10) An education authority may provide or secure the provision of food or drink (including a school lunch) under this section—

(a) on the premises of the schools or other establishments as mentioned in subsection (1)(a) where education is provided,

(b) at any place where school education is provided under arrangements mentioned in subsection (1)(b), or

(c) at any other place.

(11) For the purposes of this section, a pupil for whom an education authority has made special arrangements under section 14 may, at the discretion of the authority, be deemed to be in attendance at a public school.

(12) In this section and sections 53A and 53B, “school lunch” means anything provided, or the provision of which is secured, by an education authority under subsection (2) in the middle of the day which the education authority considers is appropriate for consumption as a meal at that time of the day.]

Textual Amendments

F1 S. 53 substituted (1.4.2018) by Education (Scotland) Act 2016 (asp 8), ss. 22(2), 33(2); S.S.I. 2018/36, reg. 2 (with reg. 3)

F2 S. 53(7)(aa) inserted (1.8.2019) by The Education (Scotland) Act 1980 (Modification) Regulations 2019 (S.S.I. 2019/179), regs. 1, 2(2)

F3 Sum in s. 53(7)(aa) substituted (1.4.2024) by The Education (Scotland) Act 1980 (Modification) Regulations 2024 (S.S.I. 2024/40), regs. 1, 2(a)

F4 S. 53(7)(c) inserted (1.8.2021) by The Education (Scotland) Act 1980 (Modification) Regulations 2021 (S.S.I. 2021/210), regs. 1, 2(3)

F5 Sum in s. 53(7)(c) substituted (1.4.2024) by The Education (Scotland) Act 1980 (Modification) Regulations 2024 (S.S.I. 2024/40), regs. 1, 2(b)

Modifications etc. (not altering text)

C1 S. 53(2) restricted (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 16 para. 9(1)(a) (with ss. 89, 90)