Children And Young Persons, England 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 2013 and come into force on 1st September 2014. 2 In these Regulations— “the 2006 Act ” means the Childcare Act 2006; “eligible child” means a young child— who is within section 512ZB(4) of the Education Act 1996 ; whose parent (within the meaning given by section 6(6) of the 2006 Act) is entitled to working tax credit under Part 1 of the Tax Credits Act 2002 by virtue of an award which is based on an annual income not exceeding £16,190; who has a statement of special educational needs made under section 324 of the Education Act 1996 ; who is entitled to disability living allowance under section 71 of the Social Security Contributions and Benefits Act 1992 ; who is looked after by a local authority under section 22(1) of the Children Act 1989 ; or who has previously been looked after by the local authority under section 22(1) of the Children Act 1989 and is no longer so looked after as a result of the making of one of the following orders— an adoption order within the meaning given by section 46(1) of the Adoption and Children Act 2002 ; a special guardianship order within the meaning given by section 14A(1) of the Children Act 1989 ; a residence order within the meaning given by section 8(1) of the Children Act 1989; “term” means a term the dates of which have been set under section 32 of the Education Act 2002 . Prescribed early years provision 2 The prescribed early years provision for the purposes of section 7(1) of the 2006 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(1) of the 2006 Act (duty to implement Early Years Foundation Stage) applies. Prescribed description 3 1 For the purposes of section 7(1)(b) of the 2006 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. Availability of early years provision 4 1 For the purposes of section 7(1) of the 2006 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 Local Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 2012 are revoked. Elizabeth Truss Parliamentary Under Secretary of State Department for Education 16th December 2013