The Milk and Healthy Snack Scheme (Scotland) Amendment (No. 2) Regulations 2021

Made: at 1.00 p.m. on 28th July 2021

Laid before the Scottish Parliament: at 3.30 p.m. on 28th July 2021

Coming into force: 29th July 2021

In accordance with section 13(2) of the Social Security Act 1988, the Scottish Ministers have consulted the National Assembly for Wales.

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Milk and Healthy Snack Scheme (Scotland) Amendment (No. 2) Regulations 2021.

• (2) These Regulations come into force on 29 July 2021.

• (3) These Regulations extend to Scotland only.

Amendment of the Milk and Healthy Snack Scheme (Scotland) Regulations 2021

2

• (1) The Milk and Healthy Snack Scheme (Scotland) Regulations 2021[^f00003] are amended as follows.

• (2) In regulation 9 (determining the amount payable)—

• (a) in paragraph (1) for sub-paragraph (c) substitute—

(c) the local serving rate specified in the row of column 2 of schedule 3 which corresponds to the local authority area in which the registered childcare provider provides the benefit,

, and

• (b) omit paragraph (2).

• (3) In regulation 10(1)(c) (adjustment to the amount payable) for “market price” substitute “cost”.

• (4) After schedule 2 (specified information required for registration) insert—

SCHEDULE3

Signed

CLARE HAUGHEY — Authorised to sign by the Scottish Ministers — At 1.00 p.m. on 28th July 2021

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Milk and Healthy Snack Scheme (Scotland) Regulations 2021 (“the Principal Regulations”). These Regulations come into force on 29 July 2021.

These Regulations amends regulation 9(1)(c) of the Principal Regulations to replace, in the determination of payments, the matter of market price of the benefit, with the matter of the relevant local serving rate as set out in the new schedule 3 for the local authority area in which the registered childcare provider provides the benefit.

Regulation 2(2)(b) omits regulation 9(2) of the Principal Regulations so that payments under the scheme are only to be determined by reference to the matters set out in regulation 9(1).

Regulation 3 amends regulation 10(1)(c) of the Principal Regulations to replace the reference to market price with a reference to cost.

Footnotes

[^f00001]: 1988 c.7. Section 13 was substituted by section 185(1) of the Health and Social Care (Community Health and Standards) Act 2003 (c.43) and amended by section 27(5) of the Scotland Act 2016 (c.11) (“the 2016 Act”). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46) as read with section 32 of the 2016 Act.

[^f00002]: 1992 c.4. Section 175(5) is applied by section 15A(1) of the Social Security Act 1988 (c.7). Section 15A was inserted by paragraph 8(10) of schedule 6 of the Social Security Act 1990 (c.27) and amended by paragraph 96 of schedule 2 of the Social Security (Consequential Provisions) Act 1992 (c.6) and section 185(2) and paragraph 1 of schedule 14(5) of the Health and Social Care (Community Health and Standards) Act 2003 (c.43). Section 175(5) was amended by paragraph 36 of schedule 1(1) of the Social Security (Incapacity for Work) Act 1994 (c.18).

[^f00003]: S.S.I. 2021/82, amended by S.S.I. 2021/206.