Education Act 1996

Provision of services E+W

533 Duties of governing bodies of maintained schools with respect to provision of school meals etc. E+W

(1) The governing body of any school maintained by a local education authority shall—

(a) afford the authority such facilities as they require to enable them to perform their functions under section 512, and

(b) allow the authority to make such use of the premises and equipment of the school, and such alterations to the school buildings, as the authority consider necessary for that purpose.

(2) Nothing in subsection (1) shall require the governing body of a voluntary school to incur any expenditure.

(3) Where the governing body of a school which has a delegated budget (within the meaning of Part II) provide pupils or other persons who receive education at the school with milk, meals or other refreshment, they shall—

(a) charge for everything so provided,

(b) charge every such pupil the same price for the same quantity of the same item, and

(c) charge every person other than a pupil the same price for the same quantity of the same item.

534 Duties of governing bodies of grant-maintained schools with respect to provision of school meals etc. E+W

(1) The governing body of a grant-maintained school may provide registered pupils at the school with milk, meals and other refreshment, either on the school premises or at any place other than the school premises where education is being provided.

(2) Subject to subsection (3), a governing body shall—

(a) charge for anything provided by them under subsection (1), and

(b) charge every pupil the same price for the same quantity of the same item.

(3) In relation to a pupil whose parents are in receipt of income support or of an income-based jobseeker’s allowance (payable under the M1 Jobseekers Act 1995) or who is himself in receipt of that benefit, a governing body—

(a) shall so exercise their power under subsection (1) as to ensure that such provision is made for him in the middle of the day as appears to them to be requisite, and

(b) shall make that provision for him free of charge.

(4) A governing body of a grant-maintained school shall provide at the school such facilities as they consider appropriate for the consumption of any meals or other refreshment brought to the school by registered pupils.

(5) Subsections (1) and (4) shall apply in relation to—

(a) persons, other than pupils, who receive education at a grant-maintained school, and

(b) the governing body of the school,

as they apply in relation to pupils at any such school and its governing body; and a governing body shall charge for anything provided under subsection (1) as it so applies, and shall charge every such person the same price for the same quantity of the same item.

Marginal Citations

M1 1995 c. 18.

535 Provision of teaching services for day nurseries. E+W

(1) Subject to subsection (2), the governing body of a county or voluntary primary school having one or more nursery classes may, in accordance with arrangements made by them for that purpose, make available to a day nursery the services of any teacher who is employed by them in the school and has agreed to provide his services for the purposes of the arrangements.

(2) No arrangements shall be made under subsection (1) except at the request of the local education authority and on terms approved by them.

(3) Arrangements under this section may make provision—

(a) for the supply of equipment for use in connection with the teaching services made available under the arrangements,

(b) for regulating the respective functions of any teacher whose services are made available under the arrangements, the head teacher of his school and the person in charge of the day nursery, and

(c) for any supplementary or incidental matters connected with the arrangements, including, where the teacher’s school and the day nursery are in the areas of different local education authorities, financial adjustments between those authorities.

(4) In this section “day nursery” means a day nursery provided under section 18 of the M2 Children Act 1989 (provision by local authorities of day care for pre-school and other children).

(5) A teacher shall not be regarded as ceasing to be a member of the teaching staff of his school and subject to the general directions of his head teacher by reason only of his services being made available in pursuance of arrangements under this section.

Marginal Citations

M2 1989 c. 41.