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 2012 and come into force on 1st September 2013.

(2) In these Regulations—

“the Act” means the Childcare Act 2006;

“eligible child” means a young child who is—

Prescribed early years provision

2. —(1) The prescribed early years provision for the purposes of section 7(1) of the Act (duty to secure 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 the 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 description

3. —(1) For the purposes of section 7(1)(b) of the Act, a young child is of a prescribed description if the young child meets the conditions in paragraphs (2) or (3).

(2) The condition is that the young child—

(a) has attained the age of two years at the start of the term beginning on or following the date in paragraph (4); and

(b) is an eligible child on or after the date in paragraph (4) applicable to the child in question.

(3) The condition is that the young child has attained the age of three years at the start of the term beginning on or following the date in paragraph (4).

(4) 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 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 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 birthday.

(5) 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 ).

Availability of early years provision

4. —(1) For the purposes of section 7(1) of the Act, an English local authority must secure that the prescribed early years provision is available for each young child for a period of 570 hours in any year and during no fewer than 38 weeks in any year.

(2) For the purposes of paragraph (1) and subject to paragraph (3), the first year commences on the date in regulation 3(4) applicable to the child in question, and subsequent years commence on the anniversary of that date.

(3) Where a young child becomes an eligible child on a date after the date in regulation 3(4) applicable to the child in question, the first year commences on the date in regulation 3(4) next following the date on which the young child becomes an eligible child, and subsequent years commence on the anniversary of that date.

Revocations

5. The following Regulations are revoked—

(a) the Local Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 2008( 5 ); and

(b) the Local Authority (Duty to Secure Early Years Provision Free of Charge) (Amendment) Regulations 2010( 6 ).