The single substantive change to the delivery of the free early education entitlement, set out in the 2006 code of practice, was the extension of the minimum free entitlement from 33 to 38 weeks. Following the consultation, we made clear that we recognised that not all providers would be able to extend their provision to 38 weeks and that, at the relevant local authority’s discretion, they could be funded for the provision they actually delivered.
In addition, all LAs received additional funding to support the extension to the free entitlement. As a result we concluded there should not be a substantive regulatory impact. A regulatory impact assessment was therefore not required.