The Local Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 2008

• Citation: S.I. 2008/1724
• Sections: 4

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Local Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 2008 and come into force on 1st September 2008.

(2) In these Regulations, “ the Act ” means the Childcare Act 2006.

Section 2 Prescribed early years provision

(1) The prescribed early years provision for the purposes of section 7(1) of the Act (duty to secure prescribed early years provision free of charge) is early years provision that is provided by an early years provider to whom section 40 of the Act (duty to implement Early Years Foundation Stage) applies.

(2) But prescribed early years provision for the purposes of section 7(1) does not include early years provision in respect of which—

(a) the Secretary of State has made a direction under section 46(1) of the Act (power to enable exemptions to be conferred); or

(b) an early years provider has made a determination under section 46(2) of the Act.

Section 3 Prescribed periods

(1) For the purposes of section 7(1) of the Act, the prescribed periods are—

(a) no fewer than 38 weeks in any year; and

(b) twelve and a half hours, in respect of each of those 38 weeks.

(2) In this regulation, a year commences on the day on which a young child attains the age prescribed in regulation 4.

Section 4 Prescribed ages

(1) For the purposes of section 7(1)(a) of the Act, the prescribed age is the age that the young child attains at the start of the term beginning on or following the date set out in paragraph (2)—

(2) The date is—

(a) in the case of a child who was born in the period 1st January to 31st March, 1st April following the child’s third birthday;

(b) in the case of a child who was born in the period 1st April to 31st August, 1st September following the child’s third birthday;

(c) in the case of a child who was born in the period 1st September to 31st December, 1st January following the child’s third birthday.

(3) For the purposes of this regulation, “term” means a term the dates of which have been set under section 32 of the Education Act 2002 .