Citation, commencement, extent and application

1.—(1) These Regulations may be cited as the Right to Time Off for Study for Training Regulations 1999, shall come into force on 1st September 1999 and shall extend to England and Wales only.

(2) These Regulations apply in relation to any employee who ordinarily works in England or Wales.

Interpretation

2.  In these Regulations–

“the 1996 Act” means the Employment Rights Act 1996;

“BTEC” means Business and Technology Education Council;

“CSYS” means a Certificate of Sixth Year Studies;

“GCE ‘A’ level examination” and “GCE 'AS' examination” mean General Certificate of Education advanced level and advanced supplementary examinations respectively;

“GCSE” means General Certificate of Secondary Education;

“GNVQ” means a General National Vocational Qualification;

“GSVQ” means a General Scottish Vocational Qualification;

“NVQ” means a National Vocational Qualification;

“SQA” means the Scottish Qualifications Authority;

“GSVQ” means a Scottish Vocational Qualification.

Standard of Achievement

3.—(1) For the purposes of section 63A(1) of the 1996 Act and subject to paragraphs (2) to (4) the standard of achievement shall be as follows:

(a)grades A* to C in five subjects in GCSE examinations;

(b)SQA Standard Grades at grades 1 to 3 in five subjects;

(c)one Intermediate level GNVQ or one GSVQ at level 2;

(d)one NVQ or GSVQ at level 2;

(e)one BTEC First Certificate awarded by the Edexcel Foundation;

(f)one BTEC First Diploma awarded by the Edexcel Foundation;

(g)the City and Guilds of London Institute Diploma of Vocational Education at Intermediate level; or

(h)16 SQA unit or assessment credits at least 8 of which are at Intermediate 2 or above and the remainder at Intermediate 1, where unit credits are awarded on the basis of 1 per 40 hour SQA National Unit of National Certificate module or SQA Short Course and pro rata for SQA National Units or National Certificate module of different duration.

(2) For the purposes of paragraph (1):

(a)where an employee has been awarded a Part One GNVQ (Intermediate level) he shall be treated as having achieved grade A* to C in two GCSE subjects;

(b)where an employee has been awarded a GNVQ Language Unit (Intermediate level) he shall be treated as having achieved grade A in half a GCSE subject;

(c)where an employee has been awarded a grade in an examination relating to a GCSE short course, he shall be treated as having achieved that grade in half a GCSE subject;

(d)where an employee has been awarded–

(i)a SQA Standard Grade at grades 1 or 2, he shall be treated as having achieved 4 SQA unit or assessment credits at Intermediate 2,

(ii)a SQA Standard Grade at grade 3, he shall be treated as having achieved 4 SQA unit or assessment credits at Intermediate 1,

(iii)a GSVQ at level 1, he shall be treated as having achieved 12 SQA unit or assessment credits at Intermediate 1,

in any case such unit credits being treated as awarded on the basis of 1 per 40 hour SQA National Unit;

(e)where an employee has been awarded an SQA National Certificate module or SQA National Unit of 40 hours duration or an SQA Short Course and the relevant certificate does not specify the level of award–

(i)if the title of the module, unit or Short Course ends with the numeral “3” or higher, he shall be treated as having achieved an SQA unit credit at Intermediate 2, and

(ii)in any other case, he shall be treated as having achieved an SQA unit credit at Intermediate 1; and

(f)sub-paragraph (e) shall also apply in the case of an employee awarded an SQA National Certificate module or SQA National Unit of a duration other than 40 hours where the relevant certificate does not specify the level of award, subject to the modification that the unit credits shall be treated as awarded in that case on the same basis as is specified in paragraph (1)(h).

(3) Where an employee has been awarded any of the qualifications specified in paragraph (4) he shall be treated as having attained the standard of achievement for the purposes of section 63A(1) of the 1996 Act.

(4) The qualifications referred to in paragraph (3) are:

(a)grades A to E in one GCE 'A' level examination;

(b)grades A to E in one GCE 'AS' level examination;

(c)one Advanced Level GNVQ or one GSVQ at level 3;

(d)one SQA Higher Grade at grades A to C;

(e)one CSYS at grades A to C; and

(f)one NVQ or GSVQ at level 3.

Awarding bodies

4.  The awarding bodies listed in the Schedule (whether acting alone or jointly with any other body) are hereby specified for the purposes of section 63A(2)(c) of the 1996 Act.

Regulation 4

SCHEDULEAWARDING BODIES

GCSE and GNVQ Awarding Bodies

A.  Assessment and Qualifications Alliance

• Edexcel Foundation

• Northern Ireland Council for the Curriculum, Examinations and Assessment

• Oxford, Cambridge and RSA Examinations

• Welsh Joint Education Committee

NVQ Awarding Bodies

B.  Association of Accounting Technicians

• Association of Industrial Truck Trainers

• Automotive Management and Development Limited

• Awarding Body for the Built Environment

• The British Computer Society

• The British Horse Society

• British Horseracing Training Board

• British Polymar Training Association

• CABWI Awarding Body

• Central Council for Education and Training in Social Work

• Chartered Institute of Bankers

• City and Guilds of London Institute

• City and Guilds of London Institute

• Confederation of International Beauty Therapy and Cosmetology

• Construction Industry Training Board

• Construction Industry Training Board Norther Ireland

• Council for Awards in Children’s Care and Education

• Distributive Occupational Standards Council

• Edexcel Foundation

• EMTA Awards Limited

• Engineering Construction Industry Training Board

• Engineering Training Council (Northern Ireland)

• EPIC

• Fibreboard Awarding Body

• Glass Qualifications Authority

• Hospitality Awarding Body

• Institute of Linguists Education Trust

• The Institute of Management Foundation

• The Institute of the Motor Industry

• Institute of Personnel and Development

• Institute for Supervision and Management

• Joint Examining Board

• Joint Industry Board for the Electrical Contracting Industry

• Leather Producing Industry Vocational Qualifications Board

• London Chamber of Commerce & Industry Examinations Board

• Local Government Management Board

• Management Verification Consortium Ltd

• Meat Training Council

• NCC Education Services Ltd

• National Examining Board for Supervisory Management

• National Fencing Training Authority

• National Proficiency Tests Council

• Oxford, Cambridge and RSA Examinations

• The Open University

• Pitman Qualifications

• Process Awards Authority

• Qualifications for Industry Ltd

• The Royal College of Veterinary Surgeons

• Security Industry Training Organisation/Parking Committee for London

• Steel Industry Qualifications Board

• Telecommunications Vocational Standards Council

• Vocational Qualifications in Science, Engineering & Technology

• Vocational Training Charitable Trust

National Entry Level Qualification Awarding Bodies

C.  Assessment and Qualifications Alliance

• Edexcel Foundation

• Languages Development Centre (S Martin’s College)

• Oxford, Cambridge and RSA Examinations

• The Christian Theology Trust

• Welsh Joint Education Committee

National Qualifications in Scotland Awarding Body

D.  SQA

GSVQ Awarding Bodies

E.  Association of Accounting Technicians

• Association of Industrial Truck Trainers

• Automotive Management and Development Limited

• Confederation of International Beauty Therapy and Cosmetology

• The British Horse Society

• British Polymar Training Association

• City and Guilds of London Institute

• Electricity Training Association

• EMTA Awards Ltd

• Engineering Construction Industry Training Board

• EPIC

• Glass Qualifications Authority

• Institute for Supervision and Management

• Institute of the Motor Industry

• Leather Producing Industry Vocational Qualifications Board

• Local Government Management Board

• Museum Training Institute

• National Fencing Training Authority

• National Proficiency Tests Council

• NCC Education Services Ltd

• The Open University

• Qualifications for Industry Ltd

• The Royal College of Veterinary Surgeons

• Scottish Association of Master Bakers

• SQA

• Travel Training Company Ltd

• Vocational Qualifications in Science, Engineering and Technology

• Vocational Training Charitable Trust

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which are made under section 63A of the Employment Rights Act 1996 (the “1996 Act”), set out the standard of achievement which is prescribed for the purposes of section 63(A)(1)(c) of the 1996 Act (regulation 3). An employee who has not attained the standard of achievement has a right to take time off for study or training leading to a relevant qualification.

The Regulations also list in the Schedule the qualification awarding bodies which are specified for the purposes of section 63A(2).