School Standards and Organisation (Wales) Act 2013

88 Duty to provide free breakfasts for pupils in primary schools E+W

(1) A local authority must provide breakfasts on each school day for pupils at a primary school maintained by the authority, if—

(a) the governing body of the school has asked the authority in writing for breakfasts to be provided, and

(b) 90 days have passed, beginning with the day following the day on which the request was received.

(2) The duty in subsection (1) does not apply (or ceases to apply) in relation to a request from a governing body if either of the following paragraphs applies—

(a) the governing body has asked the authority in writing to stop providing breakfasts;

(b) it would be unreasonable to provide the breakfasts and the local authority has notified the governing body in writing that as a result—

(i) it is not going to provide breakfasts, or

(ii) it is going to stop providing breakfasts.

(3) If the duty under subsection (1) applies, the local authority must provide breakfast for each pupil who asks the authority for it; for this purpose, the request may be made by or on behalf of the pupil.

(4) Breakfasts provided by a local authority under this section—

(a) may take any form the authority thinks fit, subject to any regulations made under section 4 of the Healthy Eating in Schools (Wales) Measure 2009 (requirements for food and drink provided on school premises);

(b) must be provided free of charge;

(c) must be available on the school's premises;

(d) must be available before the start of each school day, except in the case of a community special school where breakfasts may be made available before or at the start of each school day.

(5) In exercising its functions, a local authority or a governing body of a primary school maintained by a local authority must have regard to any guidance given by the Welsh Ministers about providing breakfasts for pupils.