The Education (School Lunches) (Scotland) Amendment Regulations 2013

Scottish Statutory Instruments

2013 No. 64

Education

The Education (School Lunches) (Scotland) Amendment Regulations 2013

Made

21st February 2013

Laid before the Scottish Parliament

25th February 2013

Coming into force

29th April 2013

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 53(3)(a)(iv) and (b)(iii) of the Education (Scotland) Act 1980(1) and all other powers enabling them to do so.

Citation and commencement

1.  These Regulations may be cited as the Education (School Lunches) (Scotland) Amendment Regulations 2013 and come into force on 29th April 2013.

Amendment of 2009 Regulations

2.  The Education (School Lunches) (Scotland) Regulations 2009(2) are amended as follows.

3.  In regulation 2 (interpretation), after the definition of “the relevant income” insert—

“universal credit” means universal credit payable under Part 1 of the Welfare Reform Act 2012(3);.

4.  After regulation 4, insert—

Universal credit

4A.  Universal credit is prescribed for the purposes of section 53(3)(a)(iv) and (b)(iii) of the 1980 Act in all circumstances..

NICOLA STURGEON

A member of the Scottish Government

St Andrew’s House,

Edinburgh

21st February 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Education (School Lunches) (Scotland) Regulations 2009 so as to prescribe universal credit (payable under Part 1 of the Welfare Reform Act 2012) for the purposes of paragraphs (a)(iv) and (b)(iii) of section 53(3) of the Education (Scotland) Act 1980. The effect is that where a pupil is, or the pupil’s parents are, in receipt of universal credit and the pupil is receiving school lunches, the education authority must not charge for the lunches.

(1)

1980 c.44; paragraphs (a)(iv) and (b)(iii) were inserted into section 53(3) by the Education (School Meals) (Scotland) Act 2003 (asp 18), section 1(2)(b) and (3).