Statutory Instrument 1999 No. 604

The Education (Transfer of Functions Concerning School Lunches) (England) Order 1999

---

© Crown Copyright 1999

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Education (Transfer of Functions Concerning School Lunches) (England) Order 1999 , ISBN 0 11 082324 9. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

(a) the duty to provide school lunches in accordance with section 512(1A) and (1B) of the 1996 Act[2]; and

(b) the duty to provide school lunches free of charge in accordance with section 512(3)(a) of the 1996 Act[3].

    (3) The duty referred to in paragraph 2(a) shall not however be imposed on the governing body of any school until section 512(1A) and (1B) of the 1996 Act is in force.

Schools to which article 2 applies
     3.  - (1) Subject to paragraph (2) below article 2 applies to - 

(a) each secondary school maintained by a local education authority specified in Part I of the Schedule;

(b) each primary and secondary school maintained by the local education authority specified in Part II of the Schedule;

(c) each primary, secondary and special school maintained by a local education authority specified in Part III of the Schedule;

(d) each secondary and special school maintained by a local education authority specified in Part IV of the Schedule; and

(e) each special school maintained by the local education authority specified in Part V of the Schedule,

whose budget share within the meaning of section 47(1) of the School Standards and Framework Act 1998 includes an amount in respect of meals and other refreshment.

    (2) Article 2 shall not however apply on and after 1st September 1999 to any school which was a grant-maintained or grant-maintained special school immediately before that date.

Modification of section 512(2)(b) of the 1996 Act where school does not have a delegated budget
     4.  - (1) In relation to any local education authority which maintains a school to which article 2 applies which does not have a delegated budget by reason of it having been suspended under section 17 of, or Schedule 15 to, the School Standards and Framework Act 1998, section 512(2)(b) of the 1996 Act shall have effect during the period of a year from the date on which the suspension of the delegated budget in question took effect with the modifications specified in paragraph (2).

    (2) The modifications referred to in paragraph (1) are that the duty imposed on the local education authority under section 512(2)(b) of the 1996 Act shall be a duty - 

(a) to charge every pupil registered at any school maintained by the authority other than the school which does not have the delegated budget the same price for the same quantity of the same item; and

(b) to charge every pupil registered at the school which does not have a delegated budget the same price for the same quantity of the same item.

Estelle Morris
Minister of State, Department for Education and Employment

6th March 1999

[2] Section 512(1A) and (1B) were inserted by section 115 of the School Standards and Framework Act 1998.back

[3] Section 512(3) is amended by section 115 of the School Standards and Framework Act 1998.back