(This note is not part of the Regulations)
These Regulations are made under section 114A of the School Standards and Framework Act 1998 and require food and drink provided to pupils in maintained schools and pupil referral units in England to comply with certain nutritional standards. Under subsection (4) of section 114A, the local authority or governing body has a duty to secure that applicable provisions of the regulations are complied with whenever they provide food or drink on, or in certain circumstances outside of, school premises. These Regulations revoke and replace the Education (Nutritional Standards and Requirements for School Food) (England) Regulations 2007 (as amended).
Regulation 2(2) sets out the circumstances in which these Regulations will not apply.
Regulation 2(3) and Schedule 1 divide food which is the subject of these Regulations into six groups for the purpose of the Schedules which prescribe requirements for food according to the groups. As some requirements in the Schedules refer to the frequency with which certain foods must or must not be provided by reference to weeks, regulation 2(4) provides that where a school is only open for part of the week those requirements apply as if the school were open for the whole week. Regulation 2(5) makes it clear that certain regulations do not apply to nursery schools or nursery units within primary schools.
Regulation 3 and Schedules 2 and 3 set out the requirements that must be complied with where a school lunch is provided to registered pupils at a maintained school or pupil referral unit, or any other person on the school premises.
Regulation 4 specifies that where food is provided to pupils on a school day otherwise than as part of a school lunch the requirements set out in Schedules 3 and 4 must be complied with, unless it is provided after 6pm or on a part of the premises which is controlled by another person under a transfer of control agreement. Certain requirements in Schedules 3 and 4 do not apply in relation to confectionery, snacks, cakes or biscuits that are provided as part of an evening meal to boarding school pupils.
Regulation 5 requires Schedules 3 and 4 to be complied with where food is provided before 6pm otherwise than as part of a school lunch by a local authority or governing body to pupils on a school trip that lasts for at least seven days.
Regulation 6 provides that drinking water must be provided free of charge to pupils on school premises.
Regulations 7 and 8 limit the ingredients and substances that fruit juice and other drinks provided in schools may contain.
Under Regulation 9, schools must ensure that lower fat milk is available for pupils to drink every day at a time during school hours.
Regulation 10 requires school lunches provided in maintained nursery schools and nursery units within primary schools to comply with the provisions of Schedule 5, unless they comply with Schedules 2 and 3.
Regulation 11 revokes the Education (Nutritional Standards and Requirements for School Food) (England) Regulations 2007.