The Right to Time Off for Study or Training Regulations 2001

Statutory Instrument 2001 No. 2801

The Right to Time Off for Study or Training Regulations 2001

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Right to Time Off for Study or Training Regulations 2001, ISBN 0 11 029909 4. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

STATUTORY INSTRUMENTS

2001 No. 2801
TERMS AND CONDITIONS OF EMPLOYMENT, ENGLAND AND WALES
The Right to Time Off for Study or Training Regulations 2001

	Made	31st July 2001
	Laid before Parliament	3rd August 2001
	Coming into force	1st September 2001

In exercise of the powers conferred by sections 63A and 236(5) of the Employment Rights Act 1996[1], the Secretary of State for Education and Skills hereby makes the following Regulations:

Citation, commencement, extent and application
     1. - (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.

Interpretation
     2. 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.

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 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 -

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 -

(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.

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.

Revocation and saving
     5. - (1) Subject to paragraph (2) below, the Right to Time Off for Study or Training Regulations 1999[2] 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.

Ivan Lewis
Parliamentary Under Secretary of State, Department for Education and Skills.

31st July 2001