The Milk and Healthy Snack Scheme (Scotland) Amendment (No. 2) Regulations 2021

Madeat 1.00 p.m. on 28th July 2021

Laid before the Scottish Parliamentat 3.30 p.m. on 28th July 2021

Coming into force29th July 2021

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 13(1) of the Social Security Act 19881 and section 175(5) of the Social Security Contributions and Benefits Act 19922 and all other powers enabling them to do so.

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 (No. 2) Regulations 2021.

(2)

These Regulations come into force on 29 July 2021.

(3)

These Regulations extend to Scotland only.

Amendment of the Milk and Healthy Snack Scheme (Scotland) Regulations 20212.

(1)

The Milk and Healthy Snack Scheme (Scotland) Regulations 20213 are amended as follows.

(2)

In regulation 9 (determining the amount payable)—

(a)

in paragraph (1) for sub-paragraph (c) substitute—

“(c)
the local serving rate specified in the row of column 2 of schedule 3 which corresponds to the local authority area in which the registered childcare provider provides the benefit,”, and

(b)

omit paragraph (2).

(3)

In regulation 10(1)(c) (adjustment to the amount payable) for “market price” substitute “cost”.

(4)

After schedule 2 (specified information required for registration) insert—

“SCHEDULE 3Local Serving Rate
Regulation 9(1)(c)
Column 1
Local Authority Area
Column 2
Local Serving rate
£
Aberdeen City
0.347
Aberdeenshire
0.429
Angus
0.400
Argyll & Bute
0.429
Clackmannanshire
0.352
Dumfries & Galloway
0.433
Dundee City
0.344
East Ayrshire
0.363
East Dunbartonshire
0.349
East Lothian
0.371
East Renfrewshire
0.349
Edinburgh, City of
0.345
Eilean Siar
0.527
Falkirk
0.354
Fife
0.361
Glasgow City
0.344
Highland
0.435
Inverclyde
0.348
Midlothian
0.361
Moray
0.399
North Ayrshire
0.358
North Lanarkshire
0.348
Orkney
0.491
Perth & Kinross
0.406
Renfrewshire
0.348
Scottish Borders
0.424
Shetland
0.506
South Ayrshire
0.370
South Lanarkshire
0.361
Stirling
0.384
West Dunbartonshire
0.347
West Lothian
0.354”

Column 1 Local Authority Area	Column 2 Local Serving rate £
Aberdeen City	0.347
Aberdeenshire	0.429
Angus	0.400
Argyll & Bute	0.429
Clackmannanshire	0.352
Dumfries & Galloway	0.433
Dundee City	0.344
East Ayrshire	0.363
East Dunbartonshire	0.349
East Lothian	0.371
East Renfrewshire	0.349
Edinburgh, City of	0.345
Eilean Siar	0.527
Falkirk	0.354
Fife	0.361
Glasgow City	0.344
Highland	0.435
Inverclyde	0.348
Midlothian	0.361
Moray	0.399
North Ayrshire	0.358
North Lanarkshire	0.348
Orkney	0.491
Perth & Kinross	0.406
Renfrewshire	0.348
Scottish Borders	0.424
Shetland	0.506
South Ayrshire	0.370
South Lanarkshire	0.361
Stirling	0.384
West Dunbartonshire	0.347
West Lothian	0.354”

CLARE HAUGHEY

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

At 1.00 p.m. on 28th July 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Milk and Healthy Snack Scheme (Scotland) Regulations 2021 (“the Principal Regulations”). These Regulations come into force on 29 July 2021.

These Regulations amends regulation 9(1)(c) of the Principal Regulations to replace, in the determination of payments, the matter of market price of the benefit, with the matter of the relevant local serving rate as set out in the new schedule 3 for the local authority area in which the registered childcare provider provides the benefit.

Regulation 2(2)(b) omits regulation 9(2) of the Principal Regulations so that payments under the scheme are only to be determined by reference to the matters set out in regulation 9(1).

Regulation 3 amends regulation 10(1)(c) of the Principal Regulations to replace the reference to market price with a reference to cost.