Appendix 2
S.I. 2011/1627: memorandum from the Department
for Education
Education (Non-Maintained Special Schools)
(England) Regulations 2011 (S.I. 2011/1627)
The Committee has requested a memorandum on the following
point:
Explain the intended effect of paragraph 26(6)
and (7) of the Schedule and how that effect is achieved.
The intended effect of paragraph
26(6) of the Schedule is to ensure that where a pupil or parent
is entitled to specified tax credits the pupil is provided with
a school lunch, and any milk provided, free of charge. Unfortunately
the wording in bold below was omitted from the final version of
paragraph 26(6) of the Schedule. The paragraph should read:
"(6) Where—
(a) any registered day pupil
is entitled to any tax credit under the Tax Credits Act 2002 or
element of such a tax credit that is prescribed under section
512ZB(4)(c)(ii) of the 1996 Act, and meets such conditions as
may be prescribed under section 512ZB(4)(c), or
(b) the parent of any registered
day pupil is entitled to any tax credit under the Tax Credits
Act 2002 or element of such a tax credit that is prescribed under
section 512ZB(4)(aa)(ii) of the 1996 Act, in such circumstances
as may be prescribed under section 512ZB(4)(aa), and the pupil
meets any conditions prescribed under that provision;
a school lunch must be
provided for the pupil free of charge and, where milk is provided
for the pupil, it must be provided free of charge."
The Department accepts
that this is an error, and will make regulations to correct this
omission at the earliest suitable opportunity.
Paragraph 26(7) of the
Schedule is a free-standing provision to ensure that no charge
is made for the provision of facilities to enable day pupils to
eat food brought in from home.
The Department apologises for the error.
Department for Education
24th October 2011
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