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

Made: 8th March 1999

Laid before Parliament: 10th March 1999

Coming into force: 1st April 1999

In exercise of the powers conferred on the Secretary of State by sections 512A and 568(5) and (6) of the Education Act 1996¹ the Secretary of State for Wales hereby makes the following Order.

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Education (Transfer of Functions Concerning School Lunches) (Wales) Order 1999 and shall come into force on 1st April 1999.

• (2) In this Order “the 1996 Act” means the Education Act 1996.

Duties imposed on governing bodies

2

• (1) Subject to paragraph (3), duties corresponding to the duties of the local education authority specified in paragraph (2) are hereby imposed on the governing body of each school to which this article applies.

• (2) The duties referred to in paragraph (1) are:–

• (a) the duty to provide school lunches in accordance with section 512(1A) and (1B) of the 1996 Act²; and

• (b) the duty to provide school lunches free of charge in accordance with section 512(3)(a) of the 1996 Act³.

• (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

Signed by authority of the Secretary of State for Wales

Peter Hain — Parliamentary Under Secretary of State, Welsh Office — 8th March 1999

Explanatory note

(This note is not part of the Order)

This Order imposes duties with respect to the provision of free school meals and paid school meals (when in force) on the governing bodies of certain secondary schools maintained by Conwy County Borough Council. The effect of section 512A(4) of the Education Act 1996 is that where such duties are imposed on the governing body of a maintained school the local education authority is not subject to the corresponding duty in relation to the school. This Order also modifies section 512(2)(b) of the Education Act 1996 in certain circumstances where a school’s delegated budget has been suspended.

Footnotes