Commentary on Sections and Schedules Part 1:  General Functions of Local Authority: England Section 7: Duty to secure prescribed early years provision free of charge
43.Section 7 replaces for English local authorities the duty to secure sufficient nursery education contained in section 118 of the School Standards and Framework Act 1998.
44.Section 7(1) places a duty on local authorities to ensure that certain early years provision is available free of charge for each young child in their area who has attained a prescribed age but is under compulsory school age. The section allows the Secretary of State to prescribe in regulations the type and amount of early years provision.
45.Section 7(2) requires a local authority to have regard to guidance issued by the Secretary of State when discharging their duty.