Statutory Instruments
2004 No. 592
EDUCATION, ENGLAND
The Kingston-upon-Hull City Council (School Meals) Order 2004
Made
4th March 2004
Laid before Parliament
9th March 2004
Coming into force
31st March 2004
Whereas the Kingston-upon-Hull City Council acting in its capacity as a local education authority (“the authority”) has, in accordance with section 4(2) of the Education Act 2002( 1 ) (“the Act”), consulted such persons as appear to them to be appropriate;
Whereas it is the opinion of the Secretary of State, having regard to the matters set out in section 1(2) of the Act, that the implementation by the authority of the provisions of this Order may contribute to the raising of educational standards achieved by children in England;
Now therefore the Secretary of State for Education and Skills, in exercise of the powers conferred upon him by sections 2(1) and 210 of the Act, and on the application of the authority, hereby makes the following Order:
Citation, commencement, interpretation, application and effect
1. —(1) This Order may be cited as The Kingston-upon-Hull City Council (School Meals) Order 2004 and shall come into force on 31st March 2004.
(2) In this Order—
“the 1996 Act” means the Education Act 1996( 2 );
“the Budget Regulations” means the LEA Budget, Schools Budget and Individual Schools Budget (England) Regulations 2003( 3 );
“the FMS Regulations” means the Financing of Maintained Schools (England) (No.2) Regulations 2003( 4 );
“the authority” means the Kingston-upon-Hull City Council acting in its capacity as a local education authority;
“the schools” means the primary schools, the community and foundation special schools, and the pupil referral units providing primary education maintained by the authority.
(3) This Order shall apply only in respect of the authority and the schools and shall have effect for three years from 31st March 2004.
Relaxations and modifications
2. For subsections (1) and (2) of section 512ZA of the 1996 Act there shall be substituted —
“ (1) The local education authority may charge persons at one or more schools in its area for anything provided by them under subsection (1) or (3) of section 512.
(2) Where a charge is made the authority shall charge every person the same price for the same quantity of the same item. ”
3. In paragraph 3 of Schedule 2 to the Budget Regulations there shall be added after sub-paragraph (a)—
“ (ab) sub-paragraph (a) of paragraph 15 of Schedule 3 to these Regulations ” .
4. —(1) For paragraph 15(a) of Schedule 3 to the Budget Regulations there shall be substituted—
“ (a) expenditure in respect of meals at any primary or special school; ”
(2) Paragraph 15(b) of Schedule 3 to the Budget Regulations shall be omitted.
5. At the end of regulation 15(7) of the FMS Regulations there shall be added —
“ Any funding received in accordance with paragraph 17 of Schedule 1 to the 2003 Regulations shall be disregarded if the school did not receive funding in accordance with paragraph 17 of Schedule 1 to these Regulations. ” .
6. In sub-paragraph (c) of paragraph 1 of Schedule 2 to the FMS Regulations there shall be added after sub-paragraph (iii) —
“ ( ) in respect of a primary school, any funding received in accordance with paragraph 17 of Schedule 1 to the 2003 Regulations, if the school did not receive funding in accordance with paragraph 17 of Schedule 1 to these Regulations ” .
Exemption
7.Regulation 6 of the FMS Regulations shall not apply to the authority in respect of any change consequential on this Order for the financial year beginning on 1st April 2004.
David Miliband
Minister of State,
Department for Education and Skills
4th March 2004