Commentary on provisions of Act Section 27: Welfare foods
This section removes Section J5 (welfare foods) in Part 2 of Schedule 5 to the Scotland Act 1998 and so removes the reservation for Schemes made by regulations under section 13 of the Social Security Act 1988. It also adds a new exception to Section F1 of Part 2 Schedule 5 to the 1998 Act (social security schemes) so that the subject-matter of section 13 of the Social Security Act 1988 (benefits under schemes for improving nutrition: pregnant women, mothers and children) is excepted from that reservation. The effect of this is to devolve to the Scottish Parliament legislative competence for welfare foods.
	The UK Government currently makes such provision through the Nursery Milk Scheme and the Healthy Start Scheme. The Nursery Milk Scheme provides for entitlement to specific amounts of free milk for children under the age of 5 who are looked after for a prescribed amount of time by approved day care providers. The Healthy Start Scheme currently provides food vouchers, which can be exchanged for food at retailers registered to receive the vouchers, and vitamins vouchers, which can be exchanged at NHS outlets or, in Scotland, at some community pharmacies. Entitlement is linked to whether the recipient or, as the case may be, a member of their family, is in receipt of certain means tested social security benefits or child tax credit.
	The Scottish Parliament will have legislative competence to abolish or amend these schemes, or to make new schemes for the provision of welfare foods.
	Subsection (5) removes the obligation on the Secretary of State to consult Scottish Ministers before establishing, or varying, a welfare foods scheme for England and Wales.
	Section 15A of the Social Security Act 1988 applies the ancillary powers in section 172(2) to (5) of the Social Security Contributions and Benefits Act 1992 to regulations and orders made under the Social Security Act 1988. Insofar as it is necessary, these ancillary powers will also transfer to Scottish Ministers along with the section 13 power.