Commentary on Sections Part 5 - Miscellaneous Schools Functions Section 89 – Transitional provision
100.Subsection (1) of this section applies where a local authority that maintains a primary school, or its governing body, is providing breakfasts to pupils at the time the local authority’s duty under section 88 comes into force. In such circumstances, the local authority’s duty under section 88 will apply in relation to the school as if the requirements in section 89(1) have been met.
101.Subsections (2) and (3) apply if, before the local authority’s duty under section 89 comes into force, the governing body of a maintained primary school makes a written request to the local authority to provide breakfasts at the school and neither the local authority or the governing body of the school has arranged for breakfasts to be provided to pupils at the school. In such circumstances the request made by a governing body is to be treated as though it was made on the day that the local authority’s duty under section 88 came into force.