Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the Duty to Participate in Education or Training (Miscellaneous Provisions) Regulations 2013 and come into force on 28th June 2013.

(2) In these Regulations, “the 2008 Act” means the Education and Skills Act 2008 .

Level 3 qualification

2. The following qualifications and descriptions of qualifications are prescribed for the purposes of section 3(1) of the 2008 Act (level 3 qualification)—

(a) General Certificate of Education at the advanced level in two subjects;

(b) International Baccalaureate Diploma;

(c) Advanced apprenticeship;

(d) Scottish National qualifications at the higher level in three subjects; and

(e) Cambridge Pre-University qualifications in two subjects.

Full-time education or training

3. —(1) The following descriptions of education provided otherwise than at a school, or training, are to be treated as being “full-time” for the purposes of section 4 of the 2008 Act (appropriate full-time education or training)—

(a) a study programme that is delivered to a person in at least 540 hours in any 12 month period;

(b) a programme of activity that is delivered to a person for the purpose of enabling the person to participate in education or training in accordance with section 2(1) of the 2008 Act (duty to participate in education or training); and

(c) education provided at home.

(2) For the purposes of paragraph (1), a “study programme” is a programme of study developed by a college of further education, an institution within the higher education sector, or other training provider to meet the needs of an individual student, which may include activity leading to a qualification and other activity including work experience.

Full-time occupation

4. The meaning of “normal weekly working hours” prescribed for the purposes of section 5(4)(b) of the 2008 Act (full-time occupation) is the person’s normal working hours in a week.

5. The following persons are to be treated as working for at least 20 hours per week for the purposes of section 5(6) of the 2008 Act—

(a) a person who works for an average of at least 40 hours per two week period, or

(b) a person who is serving as a member of the armed forces of the Crown.

Relevant period

6. The date prescribed for the purposes of section 7(3)(a) of the 2008 Act (relevant period) is, in relation to a person—

(a) the anniversary of the date on which section 7(4) of that Act starts to apply to the person, or

(b) the date on which Part 1 of the Act ceases to apply to the person, whichever is earliest.

Sufficient relevant training or education

7. —(1) The number of hours of guided learning for the purposes of section 8(1)(b) of the 2008 Act (sufficient relevant training or education) is 280 divided by 52 and then multiplied by the number of weeks in the relevant period.

(2) The number of hours of guided learning attributable to any relevant period for the purposes of section 8(4) of the 2008 Act is the number of hours of guided learning assigned to the course divided by the number of weeks over which the course will be run and then multiplied by the number of weeks in the relevant period.

Service as a member of the armed forces of the Crown

8. —(1) Chapter 1 of Part 1 of the 2008 Act has effect subject to the following modifications in relation to a person serving as a member of the armed forces of the Crown.

(2) Section 2 (duty to participate in education or training) of that Act has effect as if—

(a) in subsection (1)(c)(ii) for “in each relevant period (see sections 6 to 8)” there were substituted “(see sections 6 to 8)”; and

(b) in subsection (2)(a) “during the current relevant period” were omitted.

(3) Section 6 (relevant training or education) of that Act has effect as if—

(a) for subsection (1) there were substituted—

“ (1) In this Part, “relevant training or education” means training given to recruits into the armed forces. ” ; and

(b) subsection (2) were omitted.

(4) Section 7 (relevant period) of that Act has no effect.

(5) Section 8 (sufficient relevant training or education) of that Act has effect as if—

(a) for subsection (1) there were substituted—

“ (1) For the purposes of this Part, relevant training or education is “sufficient” in relation to a person serving as a member of the armed forces if the person has completed, or is participating in, relevant training or education by the date on which this Part ceases to apply to the person. ” ; and

(b) subsections (2) to (4) were omitted.