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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—

(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.

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

Regulation 4

SCHEDULE AWARDING BODIES

A. GCSE and GNVQ Awarding Bodies

B. NVQ Awarding Bodies

C. Entry Level Qualification Awarding Bodies

D. National Qualifications in Scotland Awarding Body

E. SVQ Awarding Bodies

F. Key Skills Awarding Bodies

( 1 )

1996 c. 18 . Section 63A was inserted by section 32 of the Teaching and Higher Education Act 1998 (c. 30) .

( 2 )

S.I. 1999/986 .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Right to Time Off for Study or Training Regulations 2001 (2001/2801)
Version from: original only

Displaying information

Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
defined term Defined term
dfn Defined term (alternative style)
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
Defined Term Section/Article ID Scope of Application
ASVCE reg. 2. def_aaa5a60198
AVCE reg. 2. def_7d5a25646c
BTEC reg. 2. def_5ea2f60a24
CSYS reg. 2. def_d8ee2b96a9
GCE `A' level examination reg. 2. def_2564140024
GCE `AS' examination reg. 2. def_da10e349d7
GCSE reg. 2. def_3634941b90
GNVQ reg. 2. def_fc01f4469b
GSVQ reg. 2. def_43e8f44b74
Key Skills Qualification reg. 2. def_fd37d1a700
NVQ reg. 2. def_8707e34af1
SQA reg. 2. def_4106fd4251
SVQ reg. 2. def_e5d19c4c6b
the 1996 Act reg. 2. def_fc2b143e16

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