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Make further provision about nutritional standards, and other nutritional |
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requirements, for school meals; to regulate food vending machines in schools; |
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to provide for restrictions on the whereabouts of pupils during school hours |
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for the purpose of controlling the supply of food to them; to require the |
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inclusion of information about nutritional standards of food in schools in |
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reports of school inspections; and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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1 | Amendment of the School Standards and Framework Act 1998 |
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(1) | Section 114 of the School Standards and Framework Act 1998 (c. 31) |
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(nutritional standards for school lunches) is amended as follows. |
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(2) | In subsection (1), for the words “may prescribe nutritional standards, or other |
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nutritional requirements”, substitute the words “shall prescribe nutritional |
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standards and other nutritional requirements”. |
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(3) | After subsection (1), insert— |
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“(1A) | Regulations under subsection (1) shall, in particular— |
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(a) | secure that the consumption of food of high nutritional |
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standards is promoted by requirements about the unavailability |
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of certain foods of low nutritional standards, |
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(b) | require that the starchy foods specified in subsection (1B) |
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cooked in oil or fat are not available on more than two days in |
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(c) | require that desserts containing high levels of sugar are |
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unavailable on at least two days in any school week. |
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(1B) | The starchy foods specified in this subsection are— |
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2 | Amendment of the English Nutritional Standards Regulations |
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(1) | The Education (Nutritional Standards for School Lunches) (England) |
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Regulations 2000 (S.I. 2000/1777) are amended as follows. |
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(2) | In regulation 4 (nutritional requirements for pupils at primary schools)— |
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(a) | in paragraph (1), for the words “paragraph (2)”, substitute the words |
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“paragraphs (2) to (2B)”; |
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(b) | in paragraph (2)(a)(ii), for the words “at least twice”, substitute the |
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words “on at least four days”; |
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(c) | in paragraph (2)(a)(iii), at the end, insert the words “and more than one |
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such vegetable shall be available on at least three days in any week”; |
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(i) | for the word “three”, substitute the word “two”, and |
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(ii) | at the end, insert the words “and the fat or oil used shall be of |
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the polyunsaturated or monosaturated variety”; and |
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(e) | after paragraph (2) insert— |
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“(2A) | On at least two of the days in any week when a fruit based |
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dessert is available, no dessert shall be available which |
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contains high levels of sugar. |
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(2B) | On at least two of the days in any week when more than one |
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type of vegetable which does not fall within group B is |
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available, no type of vegetable which does fall within group |
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(3) | In regulation 5 (nutritional requirements for pupils at secondary schools)— |
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(a) | in paragraph (1), for the words “paragraph (2)”, substitute the words |
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“paragraphs (2) to (2B)”; |
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(b) | for paragraph (2)(a), substitute— |
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(i) | fresh fruit, fruit tinned in juice, or fruit salad |
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shall be available every day; |
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(ii) | a fruit based dessert shall be available on at |
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least four days in any week; and |
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(iii) | a type of vegetable (which does not fall within |
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group B) shall be available every day and |
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more than one such vegetable shall be |
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available on at least three days in every |
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(c) | for paragraph (2)(b), substitute— |
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“(b) | within group B, fat or oil shall not be used in the |
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cooking process on more than two days in any |
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(d) | after paragraph (2) insert— |
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“(2A) | On at least two of the days in any week when a fruit based |
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dessert is available, no dessert shall be available which |
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contains high levels of sugar. |
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(2B) | On at least two of the days in any week when more than one |
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type of vegetable which does not fall within group B is |
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available, no type of vegetable which does fall within group |
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3 | Amendment of the Welsh Nutritional Standards Regulations |
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(1) | The Education (Nutritional Standards for School Lunches) (Wales) Regulations |
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2001 (S.I. 2001/1784) are amended as follows. |
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(2) | In regulation 4 (nutritional requirements for pupils of compulsory school age |
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(a) | in paragraph (1), for the words “paragraph (2)”, substitute the words |
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“paragraphs (2) to (2B)”; |
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(b) | in paragraph (2)(a)(ii), for the words “at least twice”, substitute the |
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words “on at least four days”; |
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(c) | at the end of paragraph (2)(a)(iii), insert the words “and more than one |
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such vegetable shall be available on at least three days in any week”; |
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(d) | after paragraph (2) insert— |
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“(2A) | On at least two of the days in any week when a fruit based |
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dessert is available, no dessert shall be available which |
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contains high levels of sugar. |
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(2B) | On at least two of the days in any week when more than one |
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type of vegetable which does not fall within group B is |
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available, no type of vegetable which does fall within group |
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(3) | In regulation 5 (nutritional requirements for pupils at secondary schools)— |
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(a) | in paragraph (1), for the words “paragraph (2)”, substitute the words |
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“paragraphs (2) to (2B)”; |
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(b) | in paragraph (2)(a)(ii), for the words “at least twice”, substitute the |
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words “on at least four days”; and |
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(c) | after paragraph (2) insert— |
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“(2A) | On at least two of the days in any week when a fruit based |
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dessert is available, no dessert shall be available which |
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contains high levels of sugar. |
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(2B) | On at least two of the days in any week when more than one |
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type of vegetable which does not fall within group B is |
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available, no type of vegetable which does fall within group |
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(1) | The Secretary of State may by regulations make provision for the establishment |
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and operation of a School Food Trust. |
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(2) | The purpose of the School Food Trust shall be to give independent support and |
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advice to schools and parents to improve the standard of school meals. |
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5 | Regulations relating to food vending machines in schools |
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(1) | The appropriate authority may by regulations make provision about food |
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vending machines on school premises. |
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(2) | Regulations under subsection (1) may, in particular— |
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(a) | prohibit food vending machines on specified school premises, |
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(b) | prohibit or restrict the sale or dispensing of specified foods or types of |
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food from food vending machines, |
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(c) | require notices to be displayed on food vending machines, and |
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(d) | require local education authorities to perform certain functions in |
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connection with the enforcement of the regulations. |
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(3) | In this section “food vending machines” means machines or equipment |
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intended in whole or in part for the dispensing of food whether upon payment |
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Restrictions on whereabouts of pupils |
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6 | Regulations relating to restrictions on the whereabouts of pupils |
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(1) | The appropriate authority may by regulations enable head teachers to exercise |
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powers to restrict the circumstances in which a relevant pupil may be either— |
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(a) | outside the premises of the school of which he is a pupil generally, or |
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(b) | in a certain place which is, or on certain premises which are, outside the |
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premises of the school of which he is a pupil, |
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| wihout parental consent during the relevant hours of a school day for the |
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purpose specified in subsection (2). |
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(2) | The purpose specified in this subsection is to restrict opportunities for pupils |
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to purchase or otherwise obtain food that is not of high nutrititional value |
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during the relevant hours of a school day. |
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(3) | Regulations under subsection (1) may, in particular— |
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(a) | enable a head teacher to designate certain places or premises as |
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prohibited places or premises for the purpose of the exercise of his |
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powers under the regulations, |
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(b) | require a head teacher to notify relevant pupils affected and the parents |
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of those pupils of the exercise of certain of his powers under the |
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(c) | prescribe disciplinary powers that a head teacher may exercise in |
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connection with the exercise of his powers under the regulations, |
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(d) | enable a head teacher to request— |
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(i) | the governing body of the school, or |
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(ii) | the local education authority for the area in which the school is |
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(iii) | both of those bodies, |
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| to take certain actions in support of the exercise of his powers under the |
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(4) | In exercising powers under regulations under this section, a head teacher shall |
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have regard to any guidance given from time to time by the Secretary of State. |
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“parent” has the meaning given by section 576 of the principal Act |
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“parental consent” means the consent of the person with parental |
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responsibility of which the head teacher concerned has been informed |
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“parental responsibility” has the same meaning as in the Children Act |
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“the relevant hours of a school day” means— |
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(a) | any time during a day when there is a school session at the |
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(b) | on any day when there is more than one school session at the |
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school, any break between school sessions on that day; |
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“relevant pupil” mean a pupil who is under the age of 18. |
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7 | Amendment of the School Inspections Act 1996 |
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(1) | The School Inspections Act 1996 (c. 57) is amended as follows. |
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(2) | In section 2 (functions of the Chief Inspector for England)— |
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(a) | after subsection (1)(b), insert— |
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“(ba) | the nutritional standards of school lunches provided by |
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or on behalf of those schools;”; and |
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(b) | after subsection (2), insert— |
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“(2A) | Where the Chief Inspector has been been the subject of a request |
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under subsection (2)(b) that relates to a school maintained by a |
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local education authority, he shall in particular inspect and |
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report on the nutritional standards of school lunches provided |
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by or on behalf of that school.” |
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(3) | In section 5 (functions of the Chief Inspector for Wales)— |
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(a) | after subsection (1)(b), insert— |
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“(ba) | the nutritional standards of school lunches provided by |
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or on behalf of those schools;”; and |
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(b) | after subsection (2), insert— |
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“(2A) | Where the Chief Inspector has been been the subject of a request |
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under subsection (2)(b) that relates to a school maintained by a |
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local education authority, he shall in particular inspect and |
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report on the nutritional standards of school lunches provided |
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by or on behalf of that school.” |
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(4) | In section 10 (inspection of certain schools by registered inspectors) subsection |
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(5) (matters on which there is a general duty of a registered inspector to report), |
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omit the word “and” at the end of paragraph (c) and, after paragraph (d), insert |
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(e) | the nutritional standards of school lunches provided by or on |
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(5) | In section 46(1), at the end, insert— |
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“‘school lunches’ has the meaning given by section 114(5) of the |
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School Standards and Framework Act 1998.” |
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Miscellaneous and final provisions |
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“the appropriate authority” means— |
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(a) | in relation to England, the Secretary of State, and |
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(b) | in relation to Wales, the National Assembly for Wales; |
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“food” is to be construed in accordance with the provisions of section 1(1) |
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and (2) of the Food Safety Act 1990 (c. 16) (meaning of “food” and other |
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“head teacher” includes an acting head teacher; |
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“local education authority” is to be construed in accordance with the |
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provisions of section 12 of the principal Act (local education authorities |
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“the principal Act” means the Education Act 1996 (c. 56); |
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“pupil” has the meaning given by section 3(1) of the principal Act |
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(definition of pupil, etc.); |
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(a) | a school maintained by a local education authority, |
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(b) | a special school not maintained by a local education authority, |
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(c) | a school in one of the classes specified in paragraphs (a) to (gg) |
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of section 10(3) of the School Inspections Act 1996 (c. 57); |
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“school premises” is to be construed in accordance with the provisions of |
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section 579(1) of the principal Act (general interpretation); |
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“special school” has the meaning given by section 6(2) of the principal Act |
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(1) | Every power conferred by this Act on the Secretary of State or the National |
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Assembly for Wales to make an order or regulations is a power exercisable by |
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(2) | A statutory instrument containing an order or regulations made by the |
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Secretary of State under this Act (other than an order made under section 11) |
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shall be subject to annulment in pursuance of a resolution of either House of |
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(3) | Every power conferred by this Act on the appropriate authority to make an |
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order or regulations includes power— |
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(a) | to make different provision for different cases; |
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(b) | to make provision subject to such exemptions and exceptions as the |
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appropriate authority thinks fit; and |
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(c) | to make such incidental, supplemental, consequential and transitional |
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provision as the appropriate authority thinks fit. |
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There shall be paid out of money provided by Parliament— |
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(a) | any expenditure incurred by the Secretary of State by virtue of this Act; and |
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(b) | any increase attributable to this Act in the sums payable out of money so |
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provided under any other enactment. |
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11 | Short title, commencement and extent |
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(1) | This Act may be cited as the School Meals and Nutrition Act 2005. |
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(2) | Sections 1 and 2 shall come into force on such day as the Secretary of State may |
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(3) | The Secretary of State shall consult the National Assembly for Wales before |
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making an order under subsection (2) relating to the coming into force of |
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(4) | Section 3 shall come into force on such day as the National Assembly for Wales |
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(5) | Section 4 shall come into force on such day as the Secretary of State may by |
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(6) | Sections 5 and 6 shall come into force on such day as the appropriate authority |
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(7) | Section 7 shall come into force on 1 September 2005. |
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(8) | This Act extends to England and Wales only. |
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