http://www.legislation.gov.uk/uksi/2014/2147The Local Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 2014enCHILDREN AND YOUNG PERSONS, ENGLANDStatute Law Database2026-01-15Expert Participation2026-01-01 Section 7 of the Childcare Act 2006 (“the 2006 Act”) places a duty on an English local authority to secure early years provision to a young child in its area, free of charge, and in accordance with regulations. 2014 No. 2147Children And Young Persons, EnglandThe Local Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 2014Made11th August 2014Laid before Parliament14th August 2014Coming into force8th September 2014The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 7, 7A, 9A and 104(2) of the Childcare Act 2006. Citation, commencement and interpretation11These Regulations may be cited as the Local Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 2014 and come into force on 8th September 2014.2In these Regulations—“the 2006 Act” means the Childcare Act 2006; “Chief Inspector” means His Majesty’s Chief Inspector of Education, Children’s Services and Skills; “early years childminder” means a person registered as—an early years childminder with domestic premises under section 37(1) or 37A(1) of the 2006 Act;an early years childminder without domestic premises under section 37(2A) or 37A(1A) of the 2006 Act;an early years provider other than a childminder under section 37(2) or 37A(2) of the 2006 Act in respect of early years provision which would be early years childminding, at least some or all of which is on domestic premises, but for section 96(5) of the Act “early years childminder agency” has the meaning given by section 98(1) of the 2006 Act;...“early years provider” has the meaning given by section 96(3) of the 2006 Act;...“eligible child” means a young child— whose parent is entitled to any one or more of the following— ...the guaranteed element of state pension credit under the State Pension Credit Act 2002;income-based jobseekers’ allowance under the Jobseekers Act 1995;income-related employment and support allowance under the Welfare Reform Act 2007;income support under the Social Security and Contributions Act 1992;support under Part VI of the Immigration and Asylum Act 1999;universal credit where that parent had, in the relevant assessment period, earned income not exceeding the applicable amount;.........for whom an EHC plan is prepared under section 37 of the Children and Families Act 2014 (education, health and care plans)who is entitled to disability living allowance under section 71 of the Social Security Contributions and Benefits Act 1992; who is— currently looked after by a local authority in England within the meaning given by section 22(1) of the Children Act 1989; orcurrently looked after by a local authority in Wales within the meaning given by section 74(1) of the Social Services and Well-being (Wales) Act 2014; or who has previously been—looked after by a local authority in England within the meaning given by section 22(1) of the Children Act 1989; orlooked after by a local authority in Wales within the meaning given by section 74(1) of the Social Services and Well-being (Wales) Act 2014,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 child arrangements order within the meaning given by section 8(1) of the Children Act 1989 which consists of, or includes, arrangements relating to when the child is to live with any person or with whom the child is to live or both of those things;“inspection report” means—in relation to an early years childminder agency, a report under section 51E of the 2006 Act,in relation to an early years provider, a report under—section 5 of the Education Act 2005,section 50 of the 2006 Act, orsection 109 of the Education and Skills Act 2008;“term” means a term the dates of which have been set under section 32 of the Education Act 2002. “universal credit” means the benefit payable in accordance with Part 1 of the Welfare Reform Act 2012. 3For the purposes of paragraph (a)(vii) of the definition of an eligible child—a“earned income” means income for the purposes of Chapter 2 of Part 6 of the Universal Credit Regulations 2013;bthe relevant assessment period and the applicable amount are those referred to in paragraphs (4) to (6) as applicable;cwhere the parent is—ia member of a couple who have jointly made a claim for, and are entitled to, universal credit; oriia member of a couple but has claimed, and is entitled to, universal credit as a single person,references to applicable amounts in paragraphs (4) to (6) as applicable are to be read as references to the combined income of the couple.4Except where paragraphs (5) or (6) apply, where the parent had earned income which did not exceed £1,283.34 in the universal credit assessment period immediately preceding the date of the request for early years provision (period 1)—athe relevant assessment period is period 1; andbthe applicable amount is £1,283.34.5This paragraph applies where paragraph (4) does not because the applicable amount referred to in that paragraph is exceeded and there is a universal credit assessment period (period 2) immediately preceding period 1 referred to in that paragraph—athe relevant assessment period is the sum of period 1 and period 2 (SAP); andbthe applicable amount is £2,566.67.6This paragraph applies where paragraph (5) does not because the applicable amount referred to in that paragraph is exceeded and there is a universal credit assessment period (period 3) immediately preceding period 2 referred to in that paragraph—athe relevant assessment period is the period made up of SAP and period 3; andbthe applicable amount is £3,850.Prescribed early years provision21The 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, other than an excluded provider, to whom section 40 of the 2006 Act (duty to implement Early Years Foundation Stage) applies.2In paragraph (1), an “excluded provider” is —aan independent school (other than an Academy within the meaning of section 1A of the Academies Act 2010) which does not meet the standards prescribed under section 157(1) of the Education Act 2002 in relation to the spiritual, moral, social and cultural development of pupils at the school; orban early years provider in relation to whom the local authority has reasonable grounds to believe—idoes not actively promote the fundamental British values of democracy, the rule of law, individual liberty and mutual respect and tolerance of those with different faiths and beliefs; oriipromotes as evidence-based views or theories which are contrary to established scientific or historical evidence and explanations.Prescribed description of a young child31For 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).2The condition is that the young child—ahas attained the age of two years at the start of the term beginning on or following the date in paragraph (4); andbis an eligible child on or after the date in paragraph (4) applicable to the child in question.3The 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).4The date is—ain the case of a child who was born in the period 1st January to 31st March, 1st April following the child’s birthday;bin the case of a child who was born in the period 1st April to 31st August, 1st September following the child’s birthday;cin 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 provision41For 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.2For 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.3Where 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.Requirement on local authority when discharging its duty under section 7 to secure early years provision free of charge51An English local authority must discharge its duty to a young child under section 7 of the 2006 Act by making arrangements which secure that an early years provider chosen by a parent of the child provides the early years provision to which the child is entitled in cases where—athe early years provider is willing to provide it, andbthe early years provider is also willing to accept—iany terms as to the payments which would be made to him or her in respect of the provision, andiiany requirements which would be imposed in respect of it.2The requirement in regulation 5(1) applies subject to regulation 6.<Substitution ChangeId="key-78ed3e7e6d5caceddbdbccbf7ab31dba-1768303882000" CommentaryRef="key-78ed3e7e6d5caceddbdbccbf7ab31dba">Scope of the requirement in regulation 5(1)</Substitution>61The requirement in regulation 5(1) does not apply if the early years provider is any of the following—aa provider (other than an early years childminder registered with an early years childminder agency) that is awarded a specified grade in its most recent inspection report,ban early years childminder registered with an early years childminder agency where—ithe agency is awarded a grade of “ineffective” in its most recent inspection report, oriithe agency notifies the local authority that, in its reasonable opinion, the childminder has ceased to provide childcare of satisfactory quality,ca provider the local authority has grounds to believe would not be able to satisfy a requirement the authority would impose if arrangements were made.2In this regulation, “specified grade” means, in relation to an inspection specified in the first column of the table in the Schedule and conducted on a date in the corresponding entry in the second column—awhere the early years provision is for a child who meets the condition in regulation 3(2) but does not meet the condition in regulation 3(3), any of the grades specified in the corresponding entry in the third column of the table,bwhere the early years provision is for a child who meets the condition in regulation 3(3), any of the grades specified in the corresponding entry in the fourth column of the table.<Substitution ChangeId="key-30805799f9fb5331340fd6e4de993655-1768303926000" CommentaryRef="key-30805799f9fb5331340fd6e4de993655">Termination of the arrangements</Substitution>7Except in the case of arrangements with the governing body of a maintained school, arrangements made by the local authority for the purpose of complying with the requirement in regulation 5(1) must include provision allowing the local authority to terminate the arrangements if the early years provider with whom the arrangements are made becomes a provider mentioned in regulation 6(1)(a) or (b).Requirements governing arrangements made for the purpose of discharging the duty of the local authority under section 781In making arrangements for the purpose of discharging its duty under section 7 of the 2006 Act with an early years provider (other than the governing body of a maintained school), or with an early years childminder agency, a local authority may impose on the person with whom the arrangements are made only requirements which—aenable the local authority to comply with the requirement in regulation 5(1);benable the local authority to terminate the arrangements made pursuant to the requirement in regulation 5(1), in the circumstances prescribed in regulation 7;chave as their purpose the satisfaction of one of the following objectives—ithat the early years provision is provided free of charge;iithat the early years provision is provided in a pattern to suit the needs of the parents of the children for whom the early years provision is provided;iiithat any financial assistance provided by a local authority under the arrangements is used properly and in accordance with the arrangements;ivthe meeting of the needs of disabled children (within the meaning given by section 6 of the Equality Act 2010) and children with special educational needs (within the meaning given by section 20(1) of the Children and Families Act 2014) for whom the early years provision is provided;vthe effective safeguarding and promotion of welfare of the children for whom the early years provision is provided;vithe active promotion of the fundamental British values of democracy, the rule of law, individual liberty and mutual respect and tolerance of those with different faiths and beliefs;viithat views or theories which are contrary to established scientific or historical evidence and explanations are not promoted as evidence-based in the early years provision;viiiwhere the early years provider is awarded a specified grade in its most recent inspection report, that the provider takes the measures identified in that report to improve the effectiveness of the provision, including, where applicable, participation in a training or other quality improvement programme; ordare otherwise necessary for the effective administration of the arrangements.2But a local authority may not impose requirements which—awhere the arrangements are made with an early years provider—isubject the quality of the early years provision to a quality assessment process by the local authority; oriirequire the provider to attend any training or other quality improvement programme, other than any training or quality improvement programme identified in an ... inspection report as a measure necessary for the improvement of the early years provision, ...bwhere the arrangements are made with an early years childminder agency, subject the quality of the services provided by the childminder agency to a quality assessment process by the local authority.3In this regulation, “specified grade” means, in relation to an inspection specified in the first column of the table in the Schedule and conducted on a date in the corresponding entry in the second column, any of the grades specified in the corresponding entry in the third column of the table (irrespective of whether the provision is for a child who meets the condition in regulation 3(2) or 3(3)).Revocations9The following are revoked—athe Local Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 2013; andbthe Local Authority (Duty to Secure Early Years Provision Free of Charge) (Amendment) Regulations 2014.John NashParliamentary Under Secretary of StateDepartment for Education11th August 2014Schedule<Addition ChangeId="key-ddd3c58f50dd33c9df0a7026960fd1c3-1768304276137" CommentaryRef="key-ddd3c58f50dd33c9df0a7026960fd1c3">Specified grades</Addition>Regulations 6(2) and 8(3)Inspection of provisionDate of inspectionSpecified grades (provision for a child who meets the condition in regulation 3(2) but does not meet the condition in regulation 3(3) and for the purposes of regulation 8(2))Specified grades (provision for a child who meets the condition in regulation 3(3))under section 5 of the Education Act 2005 (inspection by the Chief Inspector)before 2nd September 2024“inadequate” or “requires improvement” for overall effectiveness“inadequate” for overall effectivenesson or after 2nd September 2024 but before 10th November 2025decision of the Chief Inspector that significant improvement or special measures are required (within the meaning of section 13(1) Education Act 2005); “requires improvement” or “inadequate” for the effectiveness of the early years provisiondecision of the Chief Inspector that significant improvement or special measures are required (within the meaning of section 13(1) Education Act 2005)on or after 10th November 2025“not met” for safeguarding; “urgent improvement” or “needs attention” for leadership and governance“not met” for safeguarding or “urgent improvement” for leadership and governanceunder section 49(2) of the 2006 Act (inspection by the Chief Inspector)before 10th November 2025“inadequate” or “requires improvement” for overall effectiveness“inadequate” for overall effectivenesson or after 10th November 2025“not met” for safeguarding; “urgent improvement” or “needs attention” for leadership and governance“not met” for safeguarding or “urgent improvement” for leadership and governanceunder section 109(2) of the Education and Skills Act 2008 (inspection by the Chief Inspector)before 5th January 2026“inadequate” or “requires improvement” for overall effectiveness“inadequate” for overall effectivenesson or after 5th January 2026“not met” for safeguarding; “urgent improvement” or “needs attention” for leadership and governance“not met” for safeguarding or “urgent improvement” for leadership and governanceunder section 109(3) of the Education and Skills Act 2008 (inspection by a body approved under section 106 of that Act) of early years provision that meets the conditions in section 34(2) of the 2006 Act any date“not met” for safeguarding or “not met” for leadership and governance“not met” for safeguarding or “not met” for leadership and governanceby a body approved under section 106 of the Education and Skills Act 2008 or under section 49(4) of the 2006 Act of early years provision that is registered in the early years register .before 5th January 2026“inadequate” or “requires improvement” for overall effectiveness“inadequate” for overall effectivenesson or after 5th January 2026“not met” for safeguarding; “urgent improvement” or “needs attention” for leadership and governance“not met” for safeguarding or “urgent improvement” for leadership and governance EXPLANATORY NOTE(This note is not part of the Regulations)

Section 7 of the Childcare Act 2006 (“the 2006 Act”) places a duty on an English local authority to secure early years provision to a young child in its area, free of charge, and in accordance with regulations.

Regulation 2 of these Regulations prescribes the early years provision which an English local authority must secure free of charge. Regulation 3 prescribes the description of children for whom an English local authority must ensure prescribed early years provision is available free of charge. Regulation 4 sets out the amount of free prescribed early years provision which an English local authority must make available.

Section 7A of the 2006 Act makes provision for regulations to require an English local authority to discharge its duty to a young child under section 7 by making arrangements which secure that an early years provider chosen by a parent of the child provides the early years provision to which the child is entitled in cases where the early years provider is willing to provide the provision, and to accept the terms of the local authority imposed in respect of the provision.

Regulation 5 of these Regulations imposes that requirement. The requirement in regulation 5 is subject to regulation 6, which describes the kind of early years provider and the kind of early years provision which fall within the scope of the requirement. Regulation 7 sets out the circumstances in which the arrangements may be terminated.

Section 9A of the 2006 Act makes provision for regulations to prescribe requirements which may, or may not, be imposed in arrangements made by an English local authority for the purpose of discharging its duty under section 7. Regulation 8(1) prescribes the requirements which may be imposed, and regulation 8(2) prescribes the requirements which may not be imposed.

Regulation 9 revokes the Local Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 2013 and amending regulations.

An Impact Assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sectors is foreseen.

 2006 c.21. Section 7 was substituted by section 1(2) of the Education Act 2011 (c.21). Sections 7A and 9A were inserted by section 87 of the Children and Families Act 2014 (c.6). See section 106 for the definitions of “prescribed” and “regulations”. The definition of “early years childminder agency” was inserted into section 98(1) by paragraph 82 of Schedule 4 to the Children and Families Act 2014. 2014 c.6. 1992 c.4. Section 71 was amended by section 67 of the Welfare Reform and Pensions Act 1999 (c.30). 2002 c.32. Section 32 was amended by S.I. 2010/1158. 2010 c.32. Section 1A was inserted by section 53(7) of the Education Act 2011 (c.21). 2010 c.15. 2014 c.6. S.I. 2013/3193. S.I. 2014/1705. Reg. 1 in force at 8.9.2014, see reg. 1(1)Reg. 2 in force at 8.9.2014, see reg. 1(1)Reg. 3 in force at 8.9.2014, see reg. 1(1)Reg. 4 in force at 8.9.2014, see reg. 1(1)Reg. 5 in force at 8.9.2014, see reg. 1(1)Reg. 8 in force at 8.9.2014, see reg. 1(1)Reg. 9 in force at 8.9.2014, see reg. 1(1)Words in reg. 1(2) substituted (1.4.2018) by The Local Authority (Duty to Secure Early Years Provision Free of Charge) (Amendment) Regulations 2018 (S.I. 2018/146), regs. 1, 2(a)(i)Words in reg. 1(2) substituted (1.4.2018) by The Local Authority (Duty to Secure Early Years Provision Free of Charge) (Amendment) Regulations 2018 (S.I. 2018/146), regs. 1, 2(a)(ii)Words in reg. 1(2) substituted (1.4.2018) by The Local Authority (Duty to Secure Early Years Provision Free of Charge) (Amendment) Regulations 2018 (S.I. 2018/146), regs. 1, 2(a)(iii)Words in reg. 1(2) inserted (1.4.2018) by The Local Authority (Duty to Secure Early Years Provision Free of Charge) (Amendment) Regulations 2018 (S.I. 2018/146), regs. 1, 2(b)Reg. 1(3)-(6) inserted (1.4.2018) by The Local Authority (Duty to Secure Early Years Provision Free of Charge) (Amendment) Regulations 2018 (S.I. 2018/146), regs. 1, 2(c)Sum in reg. 1(5)(b) substituted (12.4.2018) by The Early Years Foundation Stage (Exemption from Learning and Development Requirements) and Local Authority (Duty to Secure Early Years Provision Free of Charge) (Amendment) Regulations 2018 (S.I. 2018/383), regs. 1(1), 6Words in reg. 1(2) substituted (1.11.2024) by The Levelling-up and Regeneration Act 2023 (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/1019), regs. 1(1), 10(2)Words in reg. 1(2) inserted (20.12.2024) by The Local Authority (Duty to Secure Early Years Provision Free of Charge) and Childcare (Free of Charge for Working Parents) (England) (Amendment) Regulations 2024 (S.I. 2024/1228), regs. 1(b), 2(2)(a)Words in reg. 8(2)(a)(ii) omitted (20.12.2024) by virtue of The Local Authority (Duty to Secure Early Years Provision Free of Charge) and Childcare (Free of Charge for Working Parents) (England) (Amendment) Regulations 2024 (S.I. 2024/1228), regs. 1(b), 2(5)(b)Words in reg. 1(2) omitted (1.1.2026) by virtue of The Childcare (Miscellaneous Amendments) (Inspection Outcomes) (England) Regulations 2025 (S.I. 2025/1261), regs. 1(b), 3(2)(a)Words in reg. 1(2) omitted (1.1.2026) by virtue of The Childcare (Miscellaneous Amendments) (Inspection Outcomes) (England) Regulations 2025 (S.I. 2025/1261), regs. 1(b), 3(2)(b)(i)Words in reg. 1(2) omitted (1.1.2026) by virtue of The Childcare (Miscellaneous Amendments) (Inspection Outcomes) (England) Regulations 2025 (S.I. 2025/1261), regs. 1(b), 3(2)(b)(ii)Words in reg. 1(2) inserted (1.1.2026) by The Childcare (Miscellaneous Amendments) (Inspection Outcomes) (England) Regulations 2025 (S.I. 2025/1261), regs. 1(b), 3(2)(c)Reg. 6 substituted (1.1.2026) by The Childcare (Miscellaneous Amendments) (Inspection Outcomes) (England) Regulations 2025 (S.I. 2025/1261), regs. 1(b), 3(3)Reg. 7 substituted (1.1.2026) by The Childcare (Miscellaneous Amendments) (Inspection Outcomes) (England) Regulations 2025 (S.I. 2025/1261), regs. 1(b), 3(4)Reg. 8(3) inserted (1.1.2026) by The Childcare (Miscellaneous Amendments) (Inspection Outcomes) (England) Regulations 2025 (S.I. 2025/1261), regs. 1(b), 3(5)(c)Reg. 8(1)(c)(viii) substituted (1.1.2026) by The Childcare (Miscellaneous Amendments) (Inspection Outcomes) (England) Regulations 2025 (S.I. 2025/1261), regs. 1(b), 3(5)(a)Words in reg. 8(2)(a)(ii) omitted (1.1.2026) by virtue of The Childcare (Miscellaneous Amendments) (Inspection Outcomes) (England) Regulations 2025 (S.I. 2025/1261), regs. 1(b), 3(5)(b)Sch. inserted (1.1.2026) by The Childcare (Miscellaneous Amendments) (Inspection Outcomes) (England) Regulations 2025 (S.I. 2025/1261), regs. 1(b), 3(6)