§ Mr. Rooker
asked the Secretary of State for Education and Science what conditions apply to the provision of free milk for children under 5 years of age in nurseries, playgroups and with registered childminders.
§ Dr. Boyson
Section 22 of the Education Act 1980 gives a local education authority complete discretion over the provision of milk, and any charge, made for pupils of any age registered at schools they maintain. Under section 78 of the Education Act 1944, as amended, they are also free to provide milk for any pupils attending non-maintained schools in their areas provided the proprietor agrees and the cost does not exceed that of comparable provision in the maintained sector. Relevant provision may also be made under the Welfare Food Order 1980, as amended, but questions on this are for my right hon. Friend the Secretary of State for Social Services.