The Milk and Healthy Snack Scheme (Scotland) Amendment Regulations 2021
In accordance with section 13(2) of the Social Security Act 1988, the Scottish Ministers have consulted the National Assembly for Wales.
Citation, commencement and extent1.
(1)
These Regulations may be cited as the Milk and Healthy Snack Scheme (Scotland) Amendment Regulations 2021.
(2)
These Regulations come into force on 17 May 2021.
(3)
These Regulations extend to Scotland only.
Amendment of the Milk and Healthy Snack Scheme (Scotland) Regulations 20212.
(1)
(2)
““childcare provider” has the same meaning as given in regulation 4,”.
(3)
In regulation 3 (meaning of eligible child), for “childcare provider” substitute “registered childcare provider”.
(4)
In regulation 5 (entitlement of an eligible child)—
(a)
in paragraph (2), for “childcare provider” substitute “registered childcare provider”, and
(b)
“(5)
No entitlement to the benefit arises prior to 1 August 2021.”.
(5)
In regulation 6 (provision of benefit)—
(a)
for “The” substitute “Subject to regulation 6A, the”, and
(b)
for “childcare provider”, in both places it occurs, substitute “registered childcare provider”.
(6)
“6A.Provision of benefit: once a day
A registered childcare provider is not to provide the benefit if the eligible child has received the benefit from another childcare provider that day.”.
(7)
In regulation 9(1)(a) (determining the amount payable), omit “at the beginning of each financial year”.
(8)
In regulation 20(a) (reporting requirement), for “at the end of the immediately preceding financial year” substitute “at a date one month prior to the date by which the local authority is directed to report”.
(9)
In schedule 1 (specified milk and non-dairy alternative), in the definition of “non-dairy alternative” for “an unsweetened, liquid, calcium enriched, soya drink” substitute “a drink which is an unsweetened, calcium enriched liquid and is commonly used as a substitute for dairy milk”.
(10)
In schedule 2 (specified information required for registration)—
(a)
omit paragraph 1(e) and (f),
(b)
in paragraph 1(j) for “Social Work Improvement Scotland” substitute “SCSWIS”, and
(c)
in paragraph 1(k) for “financial year” substitute “Scheme Year (a year ending with 31 July) ”.
Amendment of the Healthy Start Scheme and Welfare Food (Amendment) Regulations 20053.
St Andrew’s House,
Edinburgh
These Regulations amend the Milk and Healthy Snack Scheme (Scotland) Regulations 2021 (“the Principal Regulations”). These Regulations come into force on 17 May 2021.
Regulation 2(2) amends the Principal Regulations to provide a cross reference to the definition of childcare provider contained in regulation 4.
Regulation 2(4)(b) amends the Principal Regulations to clarify that duty to provide the benefit under the Scheme does not arise until 1 August 2021. Regulation 2(5) amends the Principal Regulations to clarify that only registered childcare providers are required to provide the benefit under the Scheme and corresponding amendments are made by regulation 2(3) to the definition of eligible child and by regulation 2(4)(a) to the entitlement of an eligible child.
Regulation 2(6) amends the Principal Regulations to provide that a registered childcare provider is not to provide the benefit if another childcare provider has already done so on the same day.
Regulation 2(7) amends the Principal Regulations to remove the reference to “at the beginning of each financial year” in regulation 9(1)(a).
Regulation 2(8) amends the Principal Regulations to adjust the reporting requirement.
Regulation 2(9) amends the Principal Regulations to allow non-dairy alternatives other than soya to be provided under the Scheme.
Regulation 2(11) amends schedule 2 of the Principal Regulations.