Commentary Information Section 112:  Power to provide that function of determining eligibility remains with LEA
230.This section amends an existing power to make an order, so that local education authorities will be legally responsible for determining eligibility for free school lunches, etc. The current Education (Transfer of Functions Concerning School Lunches etc) (England) (No 2) Order 1999 transfers certain duties to schools which have had their budgets delegated. These transferred duties include provision of school lunches and the provision of free school lunches and milk to pupils who are eligible. The corresponding orders for Wales are: the Education (Transfer of Functions Concerning School Lunches) (Wales) Order 1999 (SI 1999/610); and the Education (Transfer of Functions Concerning School Lunches) (Wales) (No 2) Order 1999 (SI 1999/1779). However in Wales these orders only relate to school meals. Any order made under section 112 would place the responsibility for checking back on the local education authority, even for schools with delegated budgets.