The Right to Time Off for Study or Training Regulations 2001

• Citation: S.I. 2001/2801
• Sections: 11

Section 1 Citation, commencement, extent and application

(1) These Regulations may be cited as the Right to Time Off for Study or Training Regulations 2001, shall come into force on 1st September 2001 and shall extend to England and Wales only.

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

Section 2 Interpretation

In these Regulations—

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

“ AVCE ” means Advanced Vocational Certificate of Education;

“ ASVCE ” means Advanced Subsidiary Vocational Certificate of Education;

“ 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;

“Key Skills Qualification” means a qualification made up of qualifications in the Key Skills of Communication, Application of Number and Information Technology;

“ SQA ” means the Scottish Qualifications Authority;

“ SVQ ” means a Scottish Vocational Qualification.

Section 3 Standard of Achievement

(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 or National Certificate module or SQA Short Course and pro rata for SQA National Units or National Certificate modules 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 Key Skills Qualification where level 2 in each of the qualifications which make up the Key Skills Qualification has been achieved he shall be treated as having achieved one GCSE grade A* to C;

(c) 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;

(d) 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;

(e) where an employee has been awarded—

(i) an 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) an 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;

(f) 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

(g) sub-paragraph (f) 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 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 AVCE;

(b) grades A to E in one ASVCE;

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

(d) grades A to E in one GCE `AS' examination;

(e) one Advanced level GNVQ or one GSVQ at level 3;

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

(g) one CSYS at grades A to C or one SQA National Course at Advanced Higher level at grades A to C;

(h) one NVQ or SVQ at level 3; and

(i) one SQA Scottish Group Award at Higher or Advanced Higher level.

Section 4 Awarding bodies

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.

Section 5 Revocation and saving

(1) Subject to paragraph (2) below, the Right to Time Off for Study or Training Regulations 1999 are revoked.

(2) Where before 1st September 2001 an employee has commenced a course of study or training leading to a qualification awarded or authenticated by a body which was specified in the Schedule to the Right to Time Off for Study or Training Regulations 1999 but which is not so specified in these Regulations, that body shall, in respect of that employee, continue to be specified for the purposes of section 63A(2)(c) of the 1996 Act until the employee completes or discontinues that course of study or training.

A

GCSE and GNVQ Awarding Bodies

Assessment and Qualifications Alliance

Edexcel Foundation

Northern Ireland Council for the Curriculum, Examinations and Assessment

Oxford, Cambridge and RSA Examinations

Welsh Joint Education Committee

B

NVQ Awarding Bodies

Association of Accounting Technicians

Association of Industrial Truck Trainers

Association of Industrial Truck Trainers Vocational Qualifications Ltd

Automotive Management and Development Limited

Awarding Body for the Built Environment

The British Horse Society

British Horseracing Training Board

British Polymer Training Association

CABWI Awarding Body

The Chartered Institute of Bankers

City and Guilds of London Institute

Construction Industry Training Board

Construction Project Management Group

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)

Extractive and Mineral Processing Industry Consortium

Fibreboard Awarding Body

Fire Services Awarding Body

Glass Qualifications Authority

Hospitality Awarding Body

The Improvement and Development Agency

The Institute of Management Foundation

The Institute of the Motor Industry

Institute of Personnel and Development

Institute for Supervision and Management

Intelect Limited

Joint Examining Board

Joint Industry Board for the Electrical Contracting Industry

Leather Producing Industry Vocational Qualifications Board

London Chamber of Commerce & Industry Examinations Board

Meat Training Council

The National Examining Board for Supervision and Management

National Fencing Training Authority

National Proficiency Tests Council

The Open University

Oxford, Cambridge and RSA Examinations

The Pensions Management Institute

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

Vocational Qualifications in Science, Engineering & Technology

Vocational Training Charitable Trust

C

Entry Level Qualification Awarding Bodies

Assessment and Qualifications Alliance

Award Scheme Development and Accreditation Network

Birmingham Comenius Centre and Birmingham Local Education Authority

Edexcel Foundation

Languages Development Centre (S Martin’s College)

National Proficiency Tests Council

Oxford, Cambridge and RSA Examinations

Salford Diocese Religious Education Centre

The Christian Theology Trust

Welsh Joint Education Committee

D

National Qualifications in Scotland Awarding Body

SQA

E

SVQ Awarding Bodies

Association of Accounting Technicians

Automotive Management and Development Limited

The British Horse Society

British Polymer Training Association

Chartered Institute of Personnel and Development

City and Guilds of London Institute

Electricity Training Association

EMTA Awards Ltd

Engineering Construction Industry Training Board

EPIC

Glass Qualifications Authority

Institute of Management

The Institute of the Motor Industry

Institute for Supervision and Management

Lantra Awards ( NTFA )

Leather Producing Industry Vocational Qualifications Board

The National Examining Board for Supervision and Management

National Proficiency Tests Council

The Pensions Management Institute

Qualifications for Industry Ltd

The Royal College of Veterinary Surgeons

Scottish Association of Master Bakers

SQA

Skillset

The Open University

TWI Certification Ltd

Vocational Qualifications in Science, Engineering & Technology

Vocational Training Charitable Trust

F

Key Skills Awarding Bodies

Assessment and Qualifications Alliance

Award Scheme Development and Accreditation Network

British Horseracing Training Board

City and Guilds of London Institute

Council for Awards in Children’s Care and Education

Edexcel Foundation

EMTA Awards Limited

ETC Awards Ltd

Hospitality Awarding Body

The Institute of the Motor Industry

London Chamber of Commerce & Industry Examinations Board

NCFE

Northern Ireland Council for the Curriculum, Examinations and Assessment

Oxford, Cambridge and RSA Examinations

Pitman Qualifications

Qualifications for Industry Ltd

Vocational Training Charitable Trust

Welsh Joint Education Committee