The Education (Nutritional Standards and Requirements for School Food) (England) (Amendment) Regulations 2008

• Citation: S.I. 2008/1800
• Sections: 10

Section 1 Citation, commencement and application

(1) These Regulations may be cited as the Education (Nutritional Standards and Requirements for School Food) (England) (Amendment) Regulations 2008 and shall come into force on 1st September 2008.

(2) These Regulations apply only in relation to England.

Section 2 Amendments

The Education (Nutritional Standards and Requirements for School Food) (England) Regulations 2007 are amended as follows.

Section 3 Amendments

In regulation 2(1) (Interpretation) after the definition of “fruit juice” insert—

“low fat milk” means milk the fat content of which has been reduced to not more than 1.8%;

Section 4 Amendments

For regulation 10 substitute—

(10)

(1) Fruit juice provided in schools must not contain any honey or added vitamins or minerals.

(2) Sugars may be added to fruit juice, other than any prepared from grapes or pears, which is provided in schools, but only for the purpose and in the amount permitted by paragraph 3(a) of Schedule 3 to the Fruit Juices Regulations.

Section 5 Amendments

In Schedule 1 for the fifth and sixth groups in the table (Groups E and F) substitute—

Low fat milk, lactose reduced milk,

cheese, yoghurt (including frozen), fromage frais and custard; but not butter or cream

F. Drinks

(sub-divided as shown)

F1: Plain drinks :

Plain water (still or carbonated).

Low fat milk or lactose reduced milk.

Fruit juice or vegetable juice.

Plain soya, rice or oat drinks enriched with calcium.

Plain fermented milk drinks.

F2: Combination drinks:

Combinations of fruit juice or vegetable juice with—

plain water, in which case the fruit juice or vegetable juice must be at least 50% by volume and may contain vitamins and minerals;

low fat milk, lactose reduced milk or plain fermented milk drinks (in each case with or without plain water) in which case the milk or fermented milk drink must be at least 50% by volume and may contain vitamins, minerals and less than 5% added sugars or honey;

plain soya, rice or oat drink (in each case with or without plain water) in which case the soya, rice or oat drink must be at least 50% by volume and may contain vitamins, minerals and less than 5% added sugars or honey.

Combinations of low fat milk, lactose reduced milk, plain fermented milk drinks or plain soya, rice or oat drinks (in each case with or without plain water) with cocoa, in which case the low fat milk, lactose reduced milk, fermented milk drink, soya, rice or oat drink must be at least 50% by volume and may contain vitamins, minerals and less than 5% added sugars or honey.

Flavoured low fat milk, flavoured lactose reduced milk or flavoured soya, rice or oat drinks, in which case the low fat milk, lactose reduced milk, soya, rice or oat drink must be at least 90% by volume and may contain vitamins, minerals and less than 5% added sugars or honey.

Tea, coffee.

Hot chocolate which may contain vitamins, minerals and less than 5% added sugars or honey.

Section 6 Amendments

In paragraph 11 of Part 2 of Schedule 3—

(a) after the definition of “average school lunch” insert—

“group of schools” means two or more schools providing education for the same age range of pupils and which, where the schools provide secondary education, are either all co-educational, all boys’ single sex or all girls’ single sex.

(b) in the definition of “menu cycle” after the words “school lunches” insert “at a school or group of schools”; and

(c) after the definition of “nutrient” insert—

“second key stage” and “third key stage” shall be construed in accordance with section 82 of the Education Act 2002

Section 7 Amendments

In paragraph 13 of Part 2 of Schedule 3 after the words “The average school lunch for a school” insert “or a group of schools”.

Section 8 Amendments

In paragraph 14 of Part 2 of Schedule 3—

(a) in sub-paragraph (a) for “or within 5% of that figure” substitute “or, where applicable, the figure calculated in accordance with paragraphs 15 or 16 or in each case within 5% of that figure”;

(b) in sub-paragraphs (b) and (c) after the words “shown in the table below” insert “or, where applicable, calculated in accordance with paragraphs 15 or 16”.

Section 9 Amendments

After paragraph 14 of Part 2 of Schedule 3 insert—

(15) In the case of any school or group of schools providing both primary and secondary education, for the purpose of paragraph 14 the figure or amount shall be—

Where—

X is the figure or amount shown in the table below for primary schools multiplied by the number of pupils receiving primary education; and

Y is the figure or amount shown in the table below for the applicable type of secondary school multiplied by the number of pupils receiving secondary education.

(16) In the case of a middle school or a group of schools that are middle schools, for the purpose of paragraph 14 the figure or amount shall be—

Where—

A is the figure or amount shown in the table below for middle school second key stage multiplied by the number of pupils in the second key stage; and

B is the figure or amount shown in the table below for middle school third key stage multiplied by the number of pupils in the third key stage

Section 10 Amendments

For the table in Part 2 of Schedule 3 substitute—

2412

(577) 2985

(714) 2700

(646)