Children and Families Act 2014

Free school lunches

106 Provision of free school lunches

(1) The Education Act 1996 is amended as follows.

(2) In section 512ZB (provision of free school lunches and milk at maintained schools)—

(a) in subsection (2)(a) after “subsection (4)” insert “or (4A) (or both)”,

(b) after subsection (4) insert—

“(4A) A person is within this subsection if the person—

(a) is a registered pupil at a maintained school or pupil referral unit in England, and

(b) is in reception, year 1, year 2 or any other prescribed year group at the school.

(4B) The Secretary of State may by order provide for the following to be treated as persons within subsection (4A)—

(a) registered pupils, or any description of registered pupils, at a maintained nursery school in England;

(b) children, or any description of children, who receive relevant funded early years education, or any description of such education, in England.

(4C) In subsection (4A)—

• “maintained school” means—

  (a)

  a community, foundation or voluntary school, or

  (b)

  a community or foundation special school;

• “reception” means a year group in which the majority of children will, in the school year, attain the age of 5;

• “year 1” means a year group in which the majority of children will, in the school year, attain the age of 6;

• “year 2” means a year group in which the majority of children will, in the school year, attain the age of 7;

• “year group” means a group of children at a school the majority of whom will, in a particular school year, attain the same age.”, and

(c) in subsection (5), after ““prescribed”” insert “, “relevant funded early years education””.

(3) After section 512A insert—

“512B Provision of school lunches: Academies

(1) Academy arrangements in relation to an Academy school or an alternative provision Academy must include provision imposing obligations on the proprietor that are equivalent to the school lunches obligations.

(2) “The school lunches obligations” are the obligations imposed in relation to maintained schools and pupil referral units in England by—

(a) section 512(3) (provision of school lunches on request), and

(b) section 512ZB(1) (provision of free school lunches to eligible persons).

(3) Academy arrangements in relation to an Academy (other than a 16 to 19 Academy) that are entered into before the date on which section 106(3) of the Children and Families Act 2014 comes into force are to be treated as if they included the provision required by subsection (1), to the extent that they do not otherwise include such provision.”