The Education (School Lunches) (Prescribed Requirement) (Wales) Order 2003

Made: 25th March 2003

Coming into force: 1st April 2003

The National Assembly for Wales makes the following Order in exercise of the powers conferred on the Secretary of State by sections 512(3) and 568 of the Education Act 1996[^f00001] and now vested in the National Assembly for Wales[^f00002].

Name, commencement and application

1

• (1) This Order is called the Education (School Lunches) (Prescribed Requirement) (Wales) Order 2003 and shall come into force on 1st April 2003.

• (2) This Order applies in relation to Wales.

Interpretation

2

In this Order —

• “the 1996 Act” (“Deddf 1996”) means the Education Act 1996;

• “nursery education” (“addysg feithrin”) means full-time or part-time education suitable for children who have not attained compulsory school age;

• and

• the reference to a maintained school is a reference to a school maintained by a local education authority within the meaning of section 512(6) of the 1996 Act.

Prescribed requirement for school lunches

3

• (1) The following requirement is prescribed for the purpose of section 512(3)(a) of the 1996 Act.

• (2) A registered pupil who is receiving nursery education must be receiving full-time education.

Transitional Provision

4

A pupil receiving nursery education at a maintained school for whom school lunches are being provided immediately before 1st April 2003 shall, until that pupil ceases to receive nursery education, be treated as if there were no prescribed requirements applying to that pupil under section 512(3)(a) of the 1996 Act.

Signed

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[^f00003].

D. Elis-Thomas — The Presiding Officer of the National Assembly — 25th March 2003

Explanatory note

(This note is not part of the Order)

Section 512(3)(a) of the Education Act 1996 places a duty on Local Education Authorities to provide school lunches to pupils eligible for free school lunches, provided any prescribed requirements are met. This Order prescribes such a requirement.

The requirement is set out in Article 3. It only applies to registered pupils receiving nursery education; they must be receiving full-time nursery education.

Article 4 contains a transitional provision, to prevent pupils undergoing part-time nursery education at maintained schools for whom free school lunches are already being provided when this Order comes into effect, from losing their entitlement to such lunches.

Footnotes

[^f00001]: 1996 c. 56; section 512 is prospectively substituted by section 201 of the Education Act 2002 (c. 32). The relevant parts of section 201 are to come into force on 31st March 2003 by virtue of the Education Act 2002 (Commencement No.1) (Wales) Order 2002 (S.I. 2002/3185 (W.301) (C.107)). For the meaning of “prescribed” see section 512(6).

[^f00002]: See the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and section 211 (1) and (2) of the Education Act 2002.

[^f00003]: 1998 c. 38.