Section 53(1)(a) of the Education (Scotland) Act 1980 (“the 1980 Act”) provides that an education authority may provide food or drink for pupils in attendance at public schools. Subsection (3AA) of that section provides that an education authority shall exercise the power in subsection (1)(a) to ensure that a school lunch (as defined in section 53(5) of the 1980 Act) is provided for the pupil free of charge. Section 53(3)(c) provides that section 53(3AA) applies in relation to a pupil who is in such yearly stage of primary or secondary education, or is of such other description, as the Scottish Ministers may by regulations prescribe.
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