4(1)The following (and only the following) fall within section 2(2)(d) above—E+W+S
(a)providing ingredients for, and preparing, delivering and serving, meals for consumption in schools other than excepted schools;
(b)providing refreshments for consumption in schools other than excepted schools;
(c)providing ingredients for, and preparing and delivering, meals for consumption in residential establishments or day centres other than excepted establishments or centres;
(d)providing refreshments for consumption in residential establishments or day centres other than excepted establishments or centres;
(e)providing ingredients for, and preparing, meals for provision to persons in their own homes under section 45 of the Health Services and Public Health Act 1968, section 2(1)(g) of the M1Chronically Sick and Disabled Persons Act 1970, Part II of Schedule 9 to the M2Health and Social Services and Social Security Adjudications Act 1983 or section 12 of the M3Social Work (Scotland) Act 1968.
(2)For the purposes of sub-paragraph (1) above a school is an excepted one if—
(a)it is a special school or a school on whose premises all or some of the pupils reside,
(b)it is maintained by a local education authority or, in Scotland, it is under the management of an education authority, and
(c)meals are prepared on its premises.
(3)For the purposes of sub-paragraph (1) above an establishment or centre is an excepted one if it is maintained by a local authority and meals are prepared on its premises; and “local authority” here has the same meaning as in section 1(1) above.
(4)In this paragraph “residential establishment” has the same meaning as in paragraph 2 above.
(5)In this paragraph “day centre” means premises (other than residential premises) where facilities are provided under—
(a)section 29 of the M4National Assistance Act 1948,
(b)section 45 of the M5Health Services and Public Health Act 1968,
(c)section 12 of the M6Social Work (Scotland) Act 1968,
(d)Schedule 8 to the M7National Health Service Act 1977, or
(e)Part II of Schedule 9 to the M8Health and Social Services and Social Security Adjudications Act 1983.
Marginal Citations