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Schools (Health Promotion and Nutrition) (Scotland) Act 2007

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6School meals and snacks

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(1)Section 53 of the 1980 Act (provision of school meals) is amended as follows.

(2)In subsection (1)—

(a)in paragraph (a), for “milk, meals or other refreshment” substitute “food or drink”, and

(b)in paragraph (b), for “meals or other refreshment” substitute “food or drink”.

(3)For subsection (2) substitute—

“(2)Where an education authority provide school lunches under subsection (1)(a), they must, subject to subsection (3), charge pupils for the lunches.

(2A)Subsection (2B) applies where an education authority provide, under subsection (1)(a), anything other than school lunches.

(2B)The authority may—

(a)provide any food or drink free of charge, or

(b)charge pupils for any food or drink.

(2C)An education authority may exercise the power conferred by subsection (2B)(a) in relation to—

(a)pupils who satisfy such conditions as the authority think fit,

(b)the provision of food or drink at such times of the day (other than in the middle of the day) as they think fit.

(2D)Where, by virtue of subsection (2) or (2B)(b), an education authority charge for a particular food or drink, they must charge the same price for the same quantity of the food or drink.”.

(4)In subsection (3AA), for the words from “such” to “him” substitute “a school lunch is provided for the pupil”.

(5)After subsection (4) add—

“(5)In this section and sections 53A and 53B, “school lunch” means anything provided under subsection (1)(a) in the middle of the day which the education authority consider is appropriate for consumption as a meal at that time of day.”.

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