Food in Schools Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Food in Schools Bill

Food in Schools Bill

Contents

1

Food policies in schools

2

Duties of the Secretary of State

3

Duties of local education authorities

4

Inspection of food policies

5

Amendments of the Education Act 1996

6

Amendments of the School Standards and Framework Act 1998

7

Expenses

8

Short title and extent

Bill 122 53/3

Food in Schools Bill

1

A

Bill

To

require all schools in England to have a food policy; to provide support for

schools in drawing up, implementing and developing food policies; to make

permanent the scheme for free fruit in schools and to extend it; to extend

entitlement to free school meals, including to breakfasts; to amend the law

relating to the nutritional values of school meals; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1

Food policies in schools

(1)

It shall be the duty of every governing body of a school maintained by a local

education authority to prepare and publish a food policy within 24 months of

this Act coming into force .

(2)

A food policy under subsection (1) shall include policies relating to—

5

(a)

the teaching of food science and related food subjects within the school

curriculum;

(b)

the sale of food and drink in the school;

(c)

the consumption of food and drink, whether or not sold in the school,

on the school's premises; and

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(d)

any other matters related to food which the school's governors think

appropriate.

(3)

In discharging its duties under this section, the governing body of any school

maintained by a local education authority shall have regard to any guidance

issued by the Secretary of State under section 2 (2).

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2

Duties of the Secretary of State

(1)

The Secretary of State shall support any governing body which has a duty

under section 1 to prepare and publish a food policy.

(2)

In particular, the Secretary of State shall—

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Food in Schools Bill

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(a)

issue, within 12 months of this Act coming into force, and may from

time to time revise, a code of practice containing such guidance as he

thinks appropriate to assist

(i)

governing bodies, and

(ii)

local education authorities,

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in the discharge of their duties under this Act;

(b)

disseminate exemplars of best practice to governing bodies and local

education authorities relating to the discharge of their respective duties

under this Act;

(c)

fund initiatives aimed at promoting food policies required under this Act;

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(d)

before issuing guidance under this section, consult governing bodies of

maintained schools, teachers, local education authorities and any other

persons and organisations which in his opinion are relevant.

3

Duties of local education authorities

(1)

It shall be the duty of every local education authority to assist the schools

15

which it maintains in the preparation and publication of food policies.

(2)

In particular, local education authorities shall—

(a)

from time to time issue guidance to the governing bodies of schools

which they maintain about the discharge of their duties under section 1;

(b)

disseminate exemplars of best practice, relating to the discharge of their

20

duties under this Act, to the governing bodies of schools which they

maintain.

4

Inspection of food policies

(1)

The School Inspections Act 1996 (c. 57) is amended as follows.

(2)

After section 23 there is inserted—

25

“23A  Inspection of food policies

(1)

It shall be the duty of the governing body of any school maintained by

a local education authority to secure that —

(a)

its food policy, and

(b)

the implementation of that policy,

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are inspected under this section.

(2)

In this section—



“food policy” has the same meaning as in the Food in Schools Act

2004

(3)

An inspection under this section shall be conducted by a person who is

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chosen by the governing body and whose qualifications for acting as an

inspector meet such criteria as may be prescribed by the Secretary of

State in regulations

(4)

It shall be the duty of a person conducting an inspection under this

section to report on the quality of the school’s food policy and its

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implementation.

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(5)

A person conducting an inspection under this section may do so with

the assistance of such other persons chosen by him as are in his opinion

fit and proper persons for carrying out the inspection.

(6)

Any power to make regulations under this section is exercisable by

statutory instrument.

5

(3)

In section 45(2) at the begining there is inserted “Subject to subsection (2A)”.

(4)

After section 45(2) there is inserted—

(2A)

Subsection (2) does not apply to regulations to be made under section

23A and no such regulations shall be made unless a draft of the

statutory instrument containing the regulations has been laid before,

10

and approved by a resolution of, each House of Parliament.

5

Amendments of the Education Act 1996

(1)

Section 512 of the Education Act 1996 (c. 56) is amended as follows.

(2)

In section 512(2), after “(3)” there is inserted “and 3(B)”.

(3)

After section 512(3A) there is inserted—

15

“(3B)

If a breakfast is provided at a school maintained by a local education

authority to pupils registered at that school, the breakfast shall be

provided free of charge.”

(4)

After section 533(2) there is inserted—

“(2A)

The governing body of each school or nusery school maintained by a

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local education authority school shall at least once each school day

serve each child aged between 2 and 7 years with fresh fruit free of

charge.”

6

Amendments of the School Standards and Framework Act 1998

(1)

Section 114 of the School Standards and Framework Act 1998 (c. 31) is

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amended as follows.

(2)

For subsection (1) there is substituted—

“(1)

The Secretary of State shall from time to time, and at least once before

1 January 2006, prescribe by regulations nutritional standards in the

form of nutrient-based guidelines which (subject to such exceptions as

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may be provided for by or under the regulations) are to be complied

with in connection with the provision of school meals for registered

pupils at schools maintained by local education authorities.”.

(3)

In subsection (2) of that section, for “lunches” there is substituted “meals”.

(4)

In subsection (3) of that section, for “lunches” there is substituted “meals”.

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(5)

For subsection (5) there is substituted—

“(5)

In this section, “school meal”, in relation to a pupil, means food made

available for consumption by the pupil as his pre-school breakfast or

his midday meal on a school day, whether involving a set meal or the

selection of items by him or otherwise.”.

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Food in Schools Bill

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(6)

In section 138(5) after “108(2)” there is inserted—

“(c)

regulations made under section 114(1);”.

7

Expenses

There shall be paid out of money provided by Parliament—

(a)

any expenses of the Secretary of State under this Act; and

5

(b)

any increase attributable to this Act of the sums payable under any other Act.

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Short title and extent

(1)

This Act may be cited as the Food in Schools Act 2004.

(2)

This Act extends only to England.