The Right to Time Off for Study or Training (Scotland) Regulations 1999

Statutory Instruments

1999 No. 1058 (S. 76)

TERMS AND CONDITIONS OF EMPLOYMENT

The Right to Time Off for Study or Training (Scotland) Regulations 1999

Made

29th March 1999

Laid before Parliament

1st April 1999

Coming into force

1st September 1999

The Secretary of State, in exercise of the powers conferred on him by sections 63A and 236(5) of the Employment Rights Act 1996(1) and of all other powers enabling him in that behalf, 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 (Scotland) Regulations 1999, shall come into force on 1st September 1999 and shall extend to Scotland only.

(2) These Regulations apply in relation to any employee who ordinarily works in Scotland.

Interpretation

2.  In these Regulations–

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

“BTEC” means Business and Technology Education Council;

“CSYS” means Certificate of Sixth Year Studies;

“GCE “A” level examination” and “GCE “AS” examination” mean General Certificate of Education advanced level examination and advanced supplementary examination respectively;

“GCSE” means General Certificate of Secondary Education;

“GNVQ” means General National Vocational Qualification;

“SVQ” means General Scottish Vocational Qualification;

“NVQ” means National Vocational Qualification;

“SQA” means Scottish Qualifications Authority;

“SVQ” means 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 achievement of any one of the following:–

(a) SQA Standard Grades at grades 1 to 3 in five subjects;

(b) five SQA National Courses at Intermediate 2 (Grade A, B or C) or Intermediate 1 (Grade A or B);

(c) one SVQ at Level 2;

(d) one SVQ at Level 2;

(e) one SQA Scottish Group Award at Intermediate 2;

(f) 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;

(g) grades A* to C in five subjects in GCSE examinations;

(h) one Intermediate GNVQ;

(i) one NVQ at Level 2;

(j) one BTEC First Certificate or First Diploma awarded by the Edexcel Foundation; or

(k) the City and Guilds of London Institute Diploma of Vocational Education at Intermediate Level.

(2) For the purposes of paragraph (1)–

(a) where an employee has been awarded–

(i) a SQA Standard Grade at grade 1 or 2, he shall be treated as having achieved four SQA unit or assessment credits at Intermediate 2,

(ii) a SQA Standard Grade at grade 3, he shall be treated as having achieved four SQA unit or assessment credits at Intermediate 1,

(iii) a SVQ 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;

(b) where an employee has been awarded a SQA National Certificate module or SQA National Unit of 40 hours duration or a 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 above, he shall be treated as having achieved a 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;

(c) sub-paragraph (b) shall also apply in the case of an employee awarded a 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)(f);

(d) 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;

(e) 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; and

(f) 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.

(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) one SQA Higher Grade at grades A to C or one SQA National Course at Higher level at grades A to C;

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

(c) grade A to E in one GCE “A” level examination;

(d) grade A to E in one GCE “AS” examination;

(e) one SVQ at Level 3 or one Advanced Level GNVQ;

(f) one SQA Scottish Group Award at Higher or Advanced Higher level;

(g) one SVQ or NVQ 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.

Helen Liddell

Minister of State, Scottish Office

St Andrew’s House,

Edinburgh

29th March 1999

Regulation 4

SCHEDULE AWARDING BODIES

A. National Qualifications in Scotland Awarding Body

• SQA

B. SVQ Awarding Bodies

• 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 Polymer 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 CouncilNCC Educational 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

C. 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

D. NVQ Awarding Bodies

• 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 Polymer Training Association

• CABWI Awarding Body

• Central Council for Education and Training in Social WorkChartered Institute of Bankers

• City and Guilds of London Institute

• Confederation of International Beauty Therapy and Cosmetology

• Construction Industry Training Board

• Construction Industry Training Board Northern 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

• The Open UniversityOxford, Cambridge and RSA Examinations

• 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

E. National Entry Level Qualification Awarding Bodies

• 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

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, set out the standard of achievement which is prescribed for the purposes of section 63A(1)(c) of the Employment Rights Act 1996. 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 the qualification awarding bodies which are specified for the purposes of section 63A(2)(c) of that Act as being able to award or authenticate a relevant qualification.

(1)

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