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;

"GSVQ" 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 GSVQ 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 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;

(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 GSVQ 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.

Regulation 4

SCHEDULEAWARDING 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.