Part IX Ancillary functions

Chapter II Ancillary functions of local education authorities

Provision of services

F1512LEA functions concerning provision of meals, etc.

(1)

A local education authority may provide—

(a)

registered pupils at any school maintained by the authority,

(b)

other persons who receive education at such a school, and

(c)

children who receive relevant funded nursery education,

with milk, meals and other refreshments.

(2)

Where provision is made under subsection (1), it shall be made—

(a)

in a case within paragraph (a) or (b) of that subsection, either on the school premises or at any other place where education is being provided, and

(b)

in a case within paragraph (c) of that subsection, at any place where education is being provided.

(3)

A local education authority shall exercise their power under subsection (1) to provide school lunches for any person within paragraph (a) or (c) of that subsection if—

(a)

any prescribed requirements are met,

(b)

a request for the provision of school lunches has been made by or on behalf of that person to the authority, and

(c)

either—

(i)

that person is eligible for free lunches (within the meaning of section 512ZB(2)), or

(ii)

in the case of a person within subsection (1)(a), it would not be unreasonable for the authority to provide the lunches.

(4)

Subject to F2section 114A(4) of the School Standards and Framework Act 1998 (requirements for food and drink provided on school premises etc , any school lunches provided by a local education authority pursuant to subsection (3) may take such form as the authority think fit.

(5)

A local education authority shall provide at any school maintained by them such facilities as they consider appropriate for the consumption of any meals or other refreshment brought to the school by registered pupils.

(6)

In this section—

“prescribed” means prescribed by the Secretary of State by order;

“relevant funded nursery education”, in relation to a local education authority, means education provided by a person other than the governing body of a maintained school (within the meaning of section 20(7) of the School Standards and Framework Act 1998) or a maintained nursery school—

(a)

under arrangements made with that person by the authority in pursuance of the duty imposed on the authority by section 118 of that Act (duty of LEA to secure sufficient nursery education), and

(b)

in consideration of financial assistance provided by the authority under those arrangements;

“school lunch”—

(a)

in relation to a pupil, means food made available for consumption by the pupil as his midday meal on a school day, and

(b)

in relation to a child receiving relevant funded nursery education at an establishment other than a school, means food made available for consumption by the child as his midday meal on a day on which he receives that education,

whether involving a set meal or the selection of items by him or otherwise;

and references, in relation to a local education authority, to a school maintained by the authority are to a community, foundation or voluntary school, a community or foundation special school, a maintained nursery school or a pupil referral unit maintained by the authority.