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;

"SVQ" 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 SVQ 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 SVQ 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

SVQ 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).