Education (Scotland) Act 1980

53 Provision of school meals. S

(1) An education authority—

(a) may provide [F1 food or drink] for pupils in attendance at public schools and other educational establishments under their management [F2 and 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 [F3 food or drink] brought to the school or other educational establishment by such pupils.

F4 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 (2A) Subsection (2B) applies where an education authority provide, under subsection (1)(a), anything other than school lunches [F6 which the authority are required to provide by virtue of subsection (3)].

(2B) The authority may—

(a) provide any food or drink free of charge, or

(b) charge pupils for any food or drink.

(2C) An education authority may exercise the power conferred by subsection (2B)(a) in relation to—

(a) pupils who satisfy such conditions as the authority think fit,

(b) the provision of food or drink at such times of the day F7 ... as they think fit.

(2D) Where, by virtue of subsection F8 ... (2B)(b), an education authority charge for a particular food or drink, they must charge the same price for the same quantity of the food or drink.]

[F9 (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); F10 ...

[F11 (iia) an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);]

(iii) support provided under Part VI of the Immigration and Asylum Act 1999; [F12 or

(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

[F13 (i) income support;

(ii) an income-based jobseeker’s allowance; or

[F11 (iia) an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);]

(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]

[F14 (c) who is in such yearly stage of primary or secondary education, or is of such other description, as the Scottish Ministers may by regulations prescribe.]

(3AA) An authority shall so exercise the power conferred by subsection (1)( a ) above as to ensure that [F15 a school lunch is provided for the pupil] free of charge.]

F16 (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

[F17 (5) In this section and sections 53A and 53B, “school lunch” means anything provided under subsection (1)(a) in the middle of the day which the education authority consider is appropriate for consumption as a meal at that time of day.]

Textual Amendments

F1 Words in s. 53(1)(a) substituted (10.8.2007) by Schools (Health Promotion and Nutrition) (Scotland) Act 2007 (asp 15), ss. 6(2)(a), 11(2); S.S.I. 2007/372, art. 2(a)

F2 Words inserted by Social Security Act 1986 (c. 50, SIF 113:1), s. 77(1)(b)

F3 Words in s. 53(1)(b) substituted (10.8.2007) by Schools (Health Promotion and Nutrition) (Scotland) Act 2007 (asp 15), ss. 6(2)(b), 11(2); S.S.I. 2007/372, art. 2(a)

F4 S. 53(2) repealed (5.1.2015) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 93(2), 102(3); S.S.I. 2014/314, art. 2, sch.

F5 S. 53(2)-(2D) substituted (10.8.2007) for s. 53(2) by Schools (Health Promotion and Nutrition) (Scotland) Act 2007 (asp 15), ss. 6(3), 11(2); S.S.I. 2007/372, art. 2(a)

F6 Words in s. 53(2A) inserted (5.1.2015) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 93(3), 102(3); S.S.I. 2014/314, art. 2, sch.

F7 Words in s. 53(2C)(b) omitted (5.1.2015) by virtue of Children and Young People (Scotland) Act 2014 (asp 8), ss. 93(4), 102(3); S.S.I. 2014/314, art. 2, sch.

F8 Words in s. 53(2D) omitted (5.1.2015) by virtue of Children and Young People (Scotland) Act 2014 (asp 8), ss. 93(5), 102(3); S.S.I. 2014/314, art. 2, sch.

F9 S. 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.

F10 Word 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)

F11 S. 53(3)(a)(iia)(b)(iia) inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 2; S.I. 2008/787, art. 2(4)(f)

F12 S. 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)

F13 S. 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)

F14 S. 53(3)(c) inserted (1.8.2014 for specified purposes, 5.1.2015 in so far as not already in force) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 93(6), 102(3); S.S.I. 2014/131, art. 2(2)(3), sch.; S.S.I. 2014/314, art. 2, sch.

F15 Words in s. 53(3AA) substituted (10.8.2007) by Schools (Health Promotion and Nutrition) (Scotland) Act 2007 (asp 15), ss. 6(4), 11(2); S.S.I. 2007/372, art. 2(a)

F16 S. 53(3A) repealed (31.12.2004) by Standards in Scotland’s Schools etc. Act 2000 (asp 6), s. 61(2), sch. 3; S.S.I. 2004/528, art. 2(b)

F17 S. 53(5) added (10.8.2007) by Schools (Health Promotion and Nutrition) (Scotland) Act 2007 (asp 15), ss. 6(5), 11(2); S.S.I. 2007/372, art. 2(a)

Marginal Citations

M1 1995 c. 18.