MODEL SCOTTISH STATUTORY INSTRUMENTS

2017 No. 2
EDUCATION

The Education (School Lunches) (Scotland) Regulations 2017

Made 27th August 2017

Coming into force 1st January 2018

The Scottish Ministers make the following Regulations in exercise of the powers conferred by
sections 53(3)(c) of the Education (Scotland) Act 1980(a).

In accordance with section 133(2YA) of that Act, a draft of this instrument has been laid before and
approved by resolution of the Scottish Parliament.

Citation and commencement

1. These Regulations may be cited as the Education (School Lunches) (Scotland) Regulations 2017
and come into force on 1st January 2018.

Description of pupil entitled to be provided with a school lunch free of charge

2.(1) A pupil is of a prescribed description for the purposes of section 53(3)(c) (provision of
school meals) of the Education (Scotland) Act 1980 where the pupil falls within the circumstances set
out in paragraph (2).
(2) The circumstances are that
(a) the pupil is in the first, second, third, or fourth year of primary education, or
(b) the pupil is the responsibility of
(i) a single person whose total income does not exceed 6,000, or
(ii) multiple persons the total income for each of whom does not exceed 6,000.
(3) In this regulation
total income has the meaning given in section 23 of the Income Tax Act 2007 (c. 3);
the responsibility of a person, in relation to a pupil, is to be construed in accordance
with the definition of person responsible for a child given in section 143 of the Social
Security Contributions and Benefits Act 1992 (c. 4).

IAMJAMIEP
A member of the Model Scottish Government
St Andrew's House,
Edinburgh
27th August 2017

(a) 1980 c. 44.

 EXPLANATORY NOTE
(This note is not part of the Regulations)
Section 53(1) of the Education (Scotland) Act 1980 (the 1980 Act) empowers an education
authority to provide food and drink to school pupils. Sections 53(3) provides descriptions of pupils
in relation to whom, by virtue of section 53(3AA), the authority must exercise the power to provide
food and drink, and must provide that food and drink free of charge. Section 53(3)(c) empowers the
Scottish Ministers to set out further descriptions.
Regulation 2 prescribes two descriptions: (1) any pupil who is in primary years one through four
inclusive; and (2) any pupil whose guardian (or guardians) earn less than 6,000.
For the first description, the definition of primary education is provided by section 135(2)(a) of
the 1980 Act.