Statutory Instrument 1999 No. 610

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

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© Crown Copyright 1999

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(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 every secondary school maintained by Conwy County Borough Council 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 school immediately before that date.

Modification of section 512(2)(b) of the 1996 Act where a school does not have a delegated budget
     5.  - (1) Where Conwy County Borough Council maintain any 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 in relation to that Council 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 a 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.

Signed by authority of the Secretary of State for Wales


Peter Hain
Parliamentary Under Secretary of State, Welsh Office

8th 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