PART 5MISCELLANEOUS SCHOOLS FUNCTIONS
Free breakfasts in primary schools
88Duty to provide free breakfasts for pupils in primary schools
1
A local authority must provide breakfasts on each school day for pupils at a primary school maintained by the authority, if—
a
the governing body of the school has asked the authority in writing for breakfasts to be provided, and
b
90 days have passed, beginning with the day following the day on which the request was received.
2
The duty in subsection (1) does not apply (or ceases to apply) in relation to a request from a governing body if either of the following paragraphs applies—
a
the governing body has asked the authority in writing to stop providing breakfasts;
b
it would be unreasonable to provide the breakfasts and the local authority has notified the governing body in writing that as a result—
i
it is not going to provide breakfasts, or
ii
it is going to stop providing breakfasts.
3
If the duty under subsection (1) applies, the local authority must provide breakfast for each pupil who asks the authority for it; for this purpose, the request may be made by or on behalf of the pupil.
4
Breakfasts provided by a local authority under this section—
a
may take any form the authority thinks fit, subject to any regulations made under section 4 of the Healthy Eating in Schools (Wales) Measure 2009 (requirements for food and drink provided on school premises);
b
must be provided free of charge;
c
must be available on the school's premises;
d
must be available before the start of each school day, except in the case of a community special school where breakfasts may be made available before or at the start of each school day.
5
In exercising its functions, a local authority or a governing body of a primary school maintained by a local authority must have regard to any guidance given by the Welsh Ministers about providing breakfasts for pupils.