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1 1981

SOCIAL WELFARE (CONSOLIDATION) ACT, 1981

PART VI

School Meals and Fuel Schemes

CHAPTER 1

School Meals (National Schools)

Interpretation.

[1914 PM, s. 5; 1930 PM, ss. 1, 2]

273. —In this Chapter—

local authority” means any body which is—

(a) the corporation of a county borough,

(b) the corporation of a borough other than a county borough,

(c) the council of an urban district, or

(d) the commissioners of a town;

[1914 PM, s. 5]

child” includes any child in attendance at a national school.

Power of local authority to provide meals.

[1914 PM, s. 1]

274. —(1) A local authority may take such steps as it thinks fit for the provision of meals for children in attendance at any national school in its area, and for that purpose—

(a) may associate with itself any committee on which the local authority is represented which will undertake to provide food for those children (in this Chapter called a “school meals committee”); and

(b) may aid that committee by furnishing such building, furniture and apparatus and such officers and servants as may be necessary for the organisation, preparation and serving of such meals;

but, save as hereinafter provided, the local authority shall not incur any expense in respect of the purchase of food to be supplied at such meals.

[1975, s. 18]

(2) Where a local authority is satisfied that not less than one-half of the children attending a national school situated outside the authority's functional area reside either in that area or outside that area but in dwellings owned or provided by the authority, the local authority may determine that this Chapter shall apply to that national school as if it were situated in the authority's functional area.

(3) A local authority may revoke a determination under subsection (2).

(4) The making or revoking of a determination under subsection (2) shall be a reserved function for the purposes of the County Management Acts, 1940 to 1972, and for the purposes of the Acts relating to the management of county boroughs.

Recovery of cost of meals.

[1914 PM, s. 2]

275. —(1) There shall be charged to the parent of every child in respect of every meal furnished to that child under this Chapter such an amount as may be determined by the local authority and, in the event of payment not being made by the parent, it shall be the duty of the authority, unless it is satisfied that the parent is unable by reason of circumstances other than his own default to pay the amount, to require the payment of that amount from that parent, and any such amount may be recovered as a simple contract debt in any court of competent jurisdiction.

(2) The local authority shall pay over to the school meals committee so much of any money paid to it by, or recovered from, any parent as may be determined by the authority to represent the cost of the food furnished by the committee to the child of that parent, less a reasonable deduction in respect of the expenses of recovering such money.

Power of local authority to defray cost of food in certain cases.

[1914 PM, s 3; 1957 MP, s. 3]

276. —(1) Where a local authority resolves that any of the children attending a national school within its area are unable by reason of lack of food to take full advantage of the education provided for them, and has ascertained that funds other than public funds are not available or are insufficient in amount to defray the cost of food furnished in meals under this Chapter, it may apply to the Minister, and he may, notwithstanding anything in section 274 (1) or 275 , authorise it to provide free of charge, or to meet the whole or part of the cost of the provision free of charge of, meals for those children attending that school.

[1917 PM, s. 1; 1957 MP, s. 3]

(2) A local authority may be authorised to spend out of the rates such sums as may be necessary to meet expenses incurred pursuant to an authorisation under subsection (1).

[S.R. & O. No. 329 of 1947]

(3) Where a local authority in any area spends out of the rates any sums for expenses incurred pursuant to an authorisation under subsection (1), an amount not exceeding one-half of the sums so expended shall be paid to the local authority out of moneys provided by the Oireachtas, subject to regulations to be made by the Minister for the purpose of securing that the arrangements for the provision of meals are adequate and are carried out efficiently.

Provision of meals on days when schools do not meet.

[1917 PM, s. 1]

277. —The powers of a local authority under this Chapter shall be exercisable in respect of children attending a national school within its area both on days when the school meets and on other days.

Exemption of teachers from duties.

[1914 PM, s. 6]

278. —A teacher employed in a national school shall not be required as part of his duties to supervise or assist, or to abstain from supervising or assisting, in the provision of meals, or in the collection of the cost thereof.