(1)An education authority—
(a)may provide milk, meals or other refreshment for pupils in attendance at public schools and other educational establishments under their management [F1and may do so either on the premises or at any place other than the school premises where education is being provided]; and
(b)shall provide such facilities as the authority consider appropriate for the consumption of any meals or other refreshment brought to the school or other educational establishment by such pupils.
[F2(2) Subject to subsection (3) below, an authority must charge for anything provided by them under subsection (1)(a) above and must charge every pupil the same price for the same quantity of the same item.
[F3(3)Subsection (3AA) below applies in relation to a pupil—
(a)whose parents are in receipt of—
(i)income support;
(ii) an income-based jobseeker’s allowance (payable under the M1 Jobseekers Act 1995); F4 ...
(iii)support provided under Part VI of the Immigration and Asylum Act 1999; [F5or
(iv)any other benefit or allowance or any tax credit or element of such a tax credit (within the meaning of the Tax Credits Act 2002 (c. 21)) that the Scottish Ministers may by regulations prescribe, in such circumstances as may be so prescribed;] or
(b)who is himself in receipt of
[F6(i)income support;
(ii)an income-based jobseeker’s allowance; or
(iii)any other benefit or allowance or any tax credit or element of such a tax credit (within the meaning of the Tax Credits Act 2002 (c. 21)) that the Scottish Ministers may by regulations prescribe, in such circumstances as may be so prescribed].]
(3AA) An authority shall so exercise the power conferred by subsection (1)( a ) above as to ensure that such provision is made for [F7 the pupil] in the middle of the day as appears to the authority to be requisite and shall make that provision for him free of charge.]
[F8(3A)[F9Subsections (1) to (3AA)] above apply in relation to pupils in attendance at a self-governing school and the board of management of that school as they apply in relation to pupils in attendance at a public school and the education authority under whose management the public school is.]
(4)For the purposes of this section, a pupil for whom an education authority have made special arrangements under section 14 of this Act may, at the discretion of the authority, be deemed to be in attendance at a public school under their management.
Textual Amendments
F1Words inserted by Social Security Act 1986 (c. 50, SIF 113:1), s. 77(1)(b)
F2S. 53(2)(3) substituted by Social Security Act 1986 (c. 50, SIF 113:1), s. 77(2)
F3S. 53(3)(3AA) substituted (3.4.2000) for the words in s. 53(3) by 1999 c. 33, s. 169(1), Sch. 14 para. 74(a)(i); S.I. 2000/464, art. 2, Sch.
F4Word in s. 53(3)(a)(ii) repealed (retrospective to 6.4.2003) by Education (School Meals) (Scotland) Act 2003 (asp 18), s. 1(2)(a)(4)
F5S. 53(3)(a)(iv) and word inserted (retrospective to 6.4.2003) by Education (School Meals) (Scotland) Act 2003 (asp 18), s. 1(2)(b)(4)
F6S. 53(3)(b)(i)-(iii) substituted (retrospective to 6.4.2003) for words by Education (School Meals) (Scotland) Act 2003 (asp 18), s. 1(3)(4)
F7Words in s. 53(3AA) (previously in s. 53(3)) substituted (3.4.2000) by 1999 c. 33, s. 169(1), Sch. 14 para. 74(a)(ii); S.I. 2000/464, art. 2, Sch.
F8S. 53(3A) inserted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 8(12)
F9Words in s. 53(3A) substituted (3.4.2000) by virtue of 1999 c. 33, s. 169(1), Sch. 14 para. 74(b); S.I. 2000/464, art. 2, Sch.
Marginal Citations