The Nutritional Requirements for Food and Drink in Schools (Scotland) Regulations 2020

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe nutritional requirements for food and drink in schools. They apply to public schools and grant aided schools as well as hostels which are provided and maintained by education authorities under the Education (Scotland) Act 1980. The Regulations come into force on 8 April 2021.

These Regulations were notified in draft to the European Commission in accordance with Directive (EU) 2015/1535 of the European Parliament and of the Council (OJ L 241, 17.9.2015, p.1) which lays down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services.

Subject to the exemptions specified in regulation 2(2), the two areas regulated by this instrument are school meals and other food and drink provided on school premises. “School meals” refers to school lunches in all primary schools covered by the Regulations, analysed lunches (as defined in regulation 2(1)) in all secondary schools covered by the Regulations and to evening meals which are provided in hostels maintained by education authorities.

Regulations 3 and 4 make provision for primary schools covered by the Regulations. Regulation 3 requires education authorities and managers of grant aided schools to comply with the requirements of Parts 1 and 2 of schedule 1 and the requirements of schedule 3 when providing school meals for primary school pupils. Part 1 of schedule 1 applies to the provision of food and drink in school meals and on school premises at other times during the school day. Part 2 of schedule 1 makes additional provision that applies to school meals only. Schedule 3 prescribes the overall nutrient standards which apply to school meals. There are different energy and nutrient levels that apply to school meals provided to primary school pupils and analysed lunches and evening meals provided to secondary school pupils and these are specified in the table.

Regulation 4 requires education authorities and managers of grant aided schools to comply with the requirements of Parts 1 and 3 of schedule 1 when providing food and drink for primary school pupils on school premises other than at mealtimes. Part 3 of schedule 1 makes additional provision that applies in these circumstances only.

Regulations 5 and 6 make similar provision for secondary schools covered by the Regulations. Regulation 5 requires education authorities and managers of grant aided schools to comply with the requirements of Parts 1 and 2 of schedule 2 and the requirements of schedule 3 when providing school meals for secondary school pupils. Part 1 of schedule 2 applies to the provision of food and drink at school meals and at other times on school premises. Part 2 of schedule 2 makes additional provision that applies to school meals only.

Regulation 6 requires education authorities and managers of grant aided schools to comply with the requirements of Part 1 of schedule 2 when providing food and drink for secondary school pupils other than at mealtimes.

Regulation 7 provides that drinking water is to be provided free of charge at all times by education authorities on the premises of public schools and hostels and by the managers of granted aided schools on the premises of such schools.

Regulation 8 revokes the Nutritional Requirements for Food and Drink in Schools (Scotland) Regulations 2008.