(1)An English local authority must secure that early years provision of a prescribed description is available free of charge for such periods as may be prescribed for each young child in their area who—
(a)has attained such age as may be prescribed, but
(b)is under compulsory school age.
(2)In discharging their duty under subsection (1), a local authority must have regard to any guidance given from time to time by the Secretary of State.