
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.
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.
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.
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.
5 

(1) Subject to paragraph (2) below, the Right to Time Off for Study or Training Regulations 1999 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
SCHEDULE
Regulation 4
A 
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
B 
NVQ Awarding Bodies
 Association of Accounting Technicians
 Association of Industrial Truck Trainers
 Association of Industrial Truck Trainers Vocational Qualifications Ltd
 Automotive Management and Development Limited
 Awarding Body for the Built Environment
 The British Horse Society
 British Horseracing Training Board
 British Polymer Training Association
 CABWI Awarding Body
 The Chartered Institute of Bankers
 City and Guilds of London Institute
 Construction Industry Training Board
 Construction Project Management Group
 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)
 Extractive and Mineral Processing Industry Consortium
 Fibreboard Awarding Body
 Fire Services Awarding Body
 Glass Qualifications Authority
 Hospitality Awarding Body
 The Improvement and Development Agency
 The Institute of Management Foundation
 The Institute of the Motor Industry
 Institute of Personnel and Development
 Institute for Supervision and Management
 Intelect Limited
 Joint Examining Board
 Joint Industry Board for the Electrical Contracting Industry
 Leather Producing Industry Vocational Qualifications Board
 London Chamber of Commerce & Industry Examinations Board
 Meat Training Council
 The National Examining Board for Supervision and Management
 National Fencing Training Authority
 National Proficiency Tests Council
 The Open University
 Oxford, Cambridge and RSA Examinations
 The Pensions Management Institute
 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
 Vocational Qualifications in Science, Engineering & Technology
 Vocational Training Charitable Trust
C 
Entry Level Qualification Awarding Bodies
 Assessment and Qualifications Alliance
 Award Scheme Development and Accreditation Network
 Birmingham Comenius Centre and Birmingham Local Education Authority
 Edexcel Foundation
 Languages Development Centre (S Martin’s College)
 National Proficiency Tests Council
 Oxford, Cambridge and RSA Examinations
 Salford Diocese Religious Education Centre
 The Christian Theology Trust
 Welsh Joint Education Committee
D 
National Qualifications in Scotland Awarding Body
 SQA
E 
SVQ Awarding Bodies
 Association of Accounting Technicians
 Automotive Management and Development Limited
 The British Horse Society
 British Polymer Training Association
 Chartered Institute of Personnel and Development
 City and Guilds of London Institute
 Electricity Training Association
 EMTA Awards Ltd
 Engineering Construction Industry Training Board
 EPIC
 Glass Qualifications Authority
 Institute of Management
 The Institute of the Motor Industry
 Institute for Supervision and Management
 Lantra Awards (NTFA)
 Leather Producing Industry Vocational Qualifications Board
 The National Examining Board for Supervision and Management
 National Proficiency Tests Council
 The Pensions Management Institute
 Qualifications for Industry Ltd
 The Royal College of Veterinary Surgeons
 Scottish Association of Master Bakers
 SQA
 Skillset
 The Open University
 TWI Certification Ltd
 Vocational Qualifications in Science, Engineering & Technology
 Vocational Training Charitable Trust
F 
Key Skills Awarding Bodies
 Assessment and Qualifications Alliance
 Award Scheme Development and Accreditation Network
 British Horseracing Training Board
 City and Guilds of London Institute
 Council for Awards in Children’s Care and Education
 Edexcel Foundation
 EMTA Awards Limited
 ETC Awards Ltd
 Hospitality Awarding Body
 The Institute of the Motor Industry
 London Chamber of Commerce & Industry Examinations Board
 NCFE
 Northern Ireland Council for the Curriculum, Examinations and Assessment
 Oxford, Cambridge and RSA Examinations
 Pitman Qualifications
 Qualifications for Industry Ltd
 Vocational Training Charitable Trust
 Welsh Joint Education Committee