The Welfare Food (Amendment No. 2) Regulations 2015

Statutory Instruments

2015 No. 1580

Food

The Welfare Food (Amendment No. 2) Regulations 2015

Made

28th July 2015

Laid before Parliament

5th August 2015

Coming into force

1st October 2015

The Secretary of State, in exercise of the powers conferred by section 13 of the Social Security Act 1988, as saved by the Health and Social Care (Community Health and Standards) Act 2003 (Savings) Order 2005(1), and section 175(3) and (4) of the Social Security Contributions and Benefits Act 1992(2) makes the following Regulations.

Citation and commencement

1.  These Regulations may be cited as the Welfare Food (Amendment No. 2) Regulations 2015 and come into force on 1st October 2015.

Amendment of the Welfare Food Regulations 1996

2.  In regulation 20(3) of the Welfare Food Regulations 1996(3) for “two years” substitute “six months”.

Signed by authority of the Secretary of State for Health.

Jane Ellison

Parliamentary Under-Secretary of State,

Department of Health

28th July 2015

EXPLANATORY NOTE

(This note is not part of these Regulations)

These Regulations amend the Welfare Food Regulations 1996 (“the 1996 Regulations”) which provide for children under 5 in approved day care settings to receive a specified amount of free milk and for those day care setting to be reimbursed by the Secretary of State for the cost of that milk.

Regulation 2 amends regulation 20 of the 1996 Regulations in order to reduce (from two years to six months) the period for which reimbursement is to be made by the Secretary of State in relation to the cost of milk or dried milk supplied under the 1996 Regulations.

No impact assessment has been prepared in relation to this instrument as it has no or minimal impact on business, charities, voluntary bodies or the public sector. An explanatory memorandum is available alongside this instrument on www.legislation.gov.uk or copies may be obtained from Richmond House, 79 Whitehall, London SW1A 2NS.

(1)

1988 c.7. Section 13 was substituted by section 185(1) of the Health and Social Care (Community Health and Standards) Act 2003 (c.43) (see the Health and Social Care (Community Health and Standards) Act 2003 (Commencement) (No. 7) Order 2005 (S.I. 2005/2278 (C.95) (the 2005 Order)). Section 13, as in force immediately before that substitution, was saved by the Health and Social Care (Community Health and Standards) Act 2003 (Savings) Order 2005 (S.I. 2005/2279) for the purpose of enabling provision to be made amending or revoking the Welfare Food Regulations 1996 (S.I. 1996/1434). Section 13 was amended by section 21(1) and (2) of, and paragraph 8(11)(a) of Schedule 6 and Schedule 7 to the Social Security Act 1990 (c.27) and by paragraph 94 of Schedule 2 to the Social Security (Consequential Provisions) Act 1992 (c.6).

(2)

1992 c.4. Section 175(3) and (4) are applied to the Social Security Act 1988 by section 15A of the Social Security Act 1988 which was inserted by paragraph 8(10) of Schedule 6 to the Social Security Act 1990 (c.27) and was amended by paragraph 96 of Schedule 2, to the Social Security (Consequential Provisions) Act 1992 (c.6) and section 185(2) of the Health and Social Care (Community Health and Standards) Act 2003 (see the 2005 Order for commencement).

(3)

S.I. 1996/1434: Schedule 1 was amended by S.I. 2003/702: there are no other relevant amending instruments.