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.