
1 
This Order may be cited as the Provision of School Lunches (Disapplication of the Requirement to Charge) (Scotland) Order 2008 and comes into force on 1st December 2008.
2 
In this Order–
 “the 1980 Act” means the Education (Scotland) Act 1980;
 “the 2003 Act” means the Local Government in Scotland Act 2003;
 “Primary 1”, “Primary 2” and “Primary 3” mean respectively the first, second or third yearly stage of primary education;
 “primary education” has the same meaning as in section 135(2)(a) of the 1980 Act;
 “pupil” and “school” have the same meanings as in section 135(1) of the 1980 Act;
 “school lunch” has the same meaning as in section 53(5) of the 1980 Act; and
 “council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
3 
Section 53(2) of the 1980 Act (duty to charge for school lunches) is disapplied in relation to councils to the extent necessary to enable them to provide, in pursuance of section 20(1) of the 2003 Act, school lunches free of charge to all pupils in Primary 1, Primary 2 and Primary 3 of primary education within schools under their management.
4 
The Provision of School Lunches (Disapplication of the Requirement to Charge) (Scotland) Order 2007 is revoked.
ADAM INGRAM
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
28th November 2008