The Education (Scotland) Act 1980 (Modification) Regulations 2019

Document Number:2019 No. 179
Coming into force:Coming into force on the 01/08/2019

Scottish Statutory Instruments



16 th May 2019

Laid before the Scottish Parliament

20 th May 2019

Coming into force

1 st August 2019

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 53(8)(a)(ii) of the Education (Scotland) Act 1980(1) and all other powers enabling them to do so.

Citation and commencement

  1. These Regulations may be cited as the Education (Scotland) Act 1980 (Modification) Regulations 2019 and come into force on 1 August 2019.

    Eligibility for free school meals

  2. —(1) The Education (Scotland) Act 1980 is amended as follows.

    (2) After section 53(7)(a) (provision of school meals) insert—

    “(aa) the parents of the pupil are in receipt of child tax credit and working tax credit under Part 1 of the Tax Credits Act 2002 and the income calculated for the purpose of awarding those tax credits does not exceed £6 ,900 ,”(2).


    A member of the Scottish Government

    St Andrew’s House,


    16 th May 2019


    (This note is not part of the Regulations)

    Section 53(2) of the Education (Scotland) Act 1980 (“the 1980 Act”) provides that an education authority must provide or secure the provision of a school lunch (as defined in section 53(12) of the 1980 Act) free of charge to pupils falling within section 53(7). An education authority may provide other food or drink to pupils falling outwith section 53(7) as per section 53(3)(a) of the 1980 Act and may provide food and drink to other pupils as per section 53(3)(b).

    Regulation 2 of these Regulations modifies the 1980 Act...

To continue reading