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The North Yorkshire County Council (School Meals) Order 2008

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EXPLANATORY NOTE

(This note is not part of the Order)

This Order enables the North Yorkshire County Council to charge different prices for school meals in primary schools which it maintains.

Under article 1 the Order only has effect in respect of the authority and its schools, and will last for three years.

Article 2 exempts the authority from the provision in s.512ZA(2) of the Education Act 1996 which requires local education authorities to charge every person the same price for the same item of food.

Article 3 is necessary to enable the authority rather than individual schools to change the prices for school meals. The Education (Transfer of Functions Concerning School Lunches etc.) (England) Order 1999 (SI 1999/2164) made under s.512A of the Education Act 1996 transfers to governing bodies of maintained schools the duty to provide and the power to charge for school lunches, but only where the delegated budget includes an amount in respect of meals and other refreshments. This article permits the authority to deduct expenditure on school meals from primary schools’ delegated budgets, irrespective of whether they have made the election mentioned, so that when the authority does so the 1999 Order has no effect.

Article 4 permits the authority to amend its budget formulae after the beginning of the current financial year.

An impact assessment has not been produced for this instrument as it has no impact on the costs of business.

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