Statutory Instruments
2008 No. 1724
Children And Young Persons, England
The Local Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 2008
Made
30th June 2008
Laid before Parliament
8th July 2008
Coming into force
1st September 2008
The Secretary of State for Children, Schools and Families makes the following Regulations in exercise of the powers conferred by sections 7 and 104(2) of the Childcare Act 2006( 1 ):
Citation, commencement and interpretation
1. —(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.
Prescribed early years provision
2. —(1) The prescribed early years provision( 2 ) 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.
Prescribed periods
3. —(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( 3 ) attains the age prescribed in regulation 4.
Prescribed ages
4. —(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( 4 ).
Beverley Hughes
Minister of State
Department for Children, Schools and Families
30th June 2008
2006 c. 21 . See section 21 of the Childcare Act 2006 (“the Act”) for the definition of “regulations”.
See section 96 of the Act for the definition of “early years provision”.
See section 19 of the Act for the meaning of “young child”.
2002 c. 32 . Section 32 sets out who is responsible for determining the dates of school terms and holidays as well as the times of school sessions. In the case of a community, voluntary controlled or community special school, the local authority has responsibility for setting school term dates. In the case of a foundation, voluntary aided, or foundation special school, the governing body has responsibility for setting school term dates.