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(1)Subsection (3) of section 53 of the Education (Scotland) Act 1980 (c. 44) (provision of milk, meals or refreshments for certain pupils free of charge) is amended as follows.
(2)In paragraph (a) of that subsection—
(a)the word “or” immediately following sub-paragraph (ii) is repealed; and
(b)after sub-paragraph (iii), insert “or
(iv)any other benefit or allowance or any tax credit or element of such a tax credit (within the meaning of the Tax Credits Act 2002 (c. 21)) that the Scottish Ministers may by regulations prescribe, in such circumstances as may be so prescribed;”.
(3)In paragraph (b) of that subsection, for the words “income support or an income-based jobseeker’s allowance” substitute—
(ii)an income-based jobseeker’s allowance; or
(iii)any other benefit or allowance or any tax credit or element of such a tax credit (within the meaning of the Tax Credits Act 2002 (c. 21)) that the Scottish Ministers may by regulations prescribe, in such circumstances as may be so prescribed”.
(4)The first regulations made under each of paragraphs (a)(iv) and (b)(iii) of subsection (3) of section 53 of that Act (as amended by subsections (2) and (3) above) shall be deemed to have come into force on 6 April 2003; and, for the purposes of those regulations, the amendments made by subsections (2) and (3) above shall be deemed to have had effect on and after that date.
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