89Transitional provision
(1)Where a local authority that maintains a primary school, or its governing body, is already providing breakfast for pupils of the school at the time section 88 comes into force, that section applies in relation to the school as if—
(a)a request had been made under that section for provision of breakfasts by the governing body,
(b)90 days have passed, beginning with the day following the day on which the request was received, and
(c)each pupil for whom breakfast is already being provided has made a request to the authority.
(2)Subsection (3) applies where, before the coming into force of section 88, a request in writing for the provision of breakfasts for pupils has been made by the governing body of the primary school to the local authority that maintains the school, but neither the local authority nor the governing body has been providing breakfast for pupils of the school.
(3)The request made before the coming into force of section 88 has effect as a request under that section made on the day that the section came into force.