5.—(1) Subject to paragraph (2), a local authority or a governing body of a maintained school must comply with the requirements in Schedule 2 where it provides school lunch on a school day to—
(a)registered pupils of a maintained nursery school whether on school premises or a place other than school premises;
(b)any other person on the premises of a maintained nursery school.
(2) The requirements in Schedule 2 do not apply where a local authority or a governing body of a maintained school has complied with the requirements in Schedule 3 and the nutritional standards in Schedule 4 in relation to school lunches provided to persons in paragraph (1).