The Welfare Food Regulations 1988

PART 1 PRELIMINARY

Citation and commencement

1.  These Regulations may be cited as the Welfare Food Regulations 1988 and shall come into force as follows:–

(a) regulation 18 and Schedule 6, in so far as they relate to section 54(1) of the Social Security Act 1986, on 19th March 1988;

(b) in all other respects, on 11th April 1988.

Interpretation

2.—(1) In these Regulations unless the context otherwise requires–

“the 1948 Act” means the Nurseries and Child-Minders Regulation Act 1948(1);

“the 1986 Act” means the Social Security Act 1986(2);

“approved price” means the lowest price which in the ordinary course of his business a supplier charges any of his customers during the week in which a milk token was used for a pint of, or, if he supplies milk only in metric measures, for half a litre of–

(a)

as respects England and Wales, milk;

(b)

as respects Scotland, pasteurised milk within the meaning of paragraph 1 of Part I of Schedule 3 to the Milk (Special Designations) (Scotland) Order 1980(3);

“beneficiary” means a person entitled by virtue of regulation 3(1) or (2), to milk, dried milk or vitamins;

“clinic” means in relation to England and Wales any maternity clinic, child health clinic or welfare food distribution centre operated by, or on behalf of, the Secretary of State, the sale of goods from which is designated by the Sale of Goods for Mothers and Children (Designation and Charging) Regulations 1976(4) and in relation to Scotland any maternity clinic or child health clinic or centre designated by the National Health Service (Supply of Goods at Clinics etc.) (Scotland) Regulations 1976(5);

“dried milk” means any of the modified dried milks specified in Column 1 of Schedule 1 and manufactured by the person specified in relation to it in Column 2 of Schedule 1;

“family” has the meaning assigned to it by section 20(11) of the 1986 Act as it applies to income support;

“family credit” means family credit under Part II of the 1986 Act;

“handicapped child” means a child who–

(a)

has attained the age of 5 years but has not attained the age of 16 years;

(b)

is not in paid employment; and

(c)

by reason of disability of mind or body is neither a registered pupil at a school in accordance with the provisions of the Education Acts 1944 to 1981 nor a pupil at a school in accordance with the provisions of the Education (Scotland) Act 1980(6);

“income support” means income support under Part II of the 1986 Act and includes personal expenses addition, special transition addition and transitional addition as defined in regulation 2(1) of the Income Support (Transitional) Regulations 1987(7);

“local authority” means a regional or an islands authority in Scotland;

“local social services authority” means the council of a non-metropolitan county or of a metropolitan district or a London borough or the Common Council of the City of London;

“milk” means only liquid cows' milk including liquid cows' semi-skimmed milk but does not include milk to or from which chemicals, vitamins, flavours or colours have been added or removed otherwise than incidentally in the process of heat treatment;

“milk token” means a token for milk or dried milk issued by the Secretary of State under regulation 7(1);

“nearest clinic” means in relation to any person, the clinic which, in the opinion of the Secretary of State is located the shortest convenient walking distance from where the person lives;

“nursing mother” means a woman who has given birth to a child within the preceding 30 weeks and is herself suckling the child;

“period of validity” in relation to a milk token means the period indicated on it in accordance with regulation 7(2) as that during which it may be used;

“registered child-minder” means a person who is registered with a local authority or a local social services authority pursuant to section 1(1)(b) of the 1948 Act;

“registered day nursery” means a day nursery or playgroup provided in premises which are registered with a local authority or a local social services authority pursuant to section 1(1)(a) of the 1948 Act;

“supplier” means a person who supplies milk under these Regulations;

“vitamins” means vitamin tablets or vitamin drops comprising vitamins A, C and D.

(2) In these Regulations, unless the context otherwise requires, a reference:–

(a) to a numbered Part is to the Part of these Regulations bearing that number;

(b) to a numbered regulation or Schedule is to the regulation in, or the Schedule to, these Regulations bearing that number;

(c) in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number;

(d) in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.

(1)

1948 c. 53.

(2)

1986 c. 50.

(3)

S.I. 1980/1866.

(4)

S.I. 1976/516.

(5)

S.I. 1976/540 (This instrument was amended by S.I. 1988/535).

(6)

1980 c. 44.

(7)

S.I. 1987/1969.