Section 63D — Statutory right to make request in relation to study or training

(1) [F1 A qualifying employee may make an application under this section to his or her employer.]

(2) [F1 An application under this section (a “section 63D application”) is an application that meets—]

(a) [F1 the conditions in subsections (3) to (5), and]

(b) [F1 any further conditions specified by the Secretary of State in regulations.]

(3) [F1 The application must be made for the purpose of enabling the employee to undertake study or training (or both) within subsection (4).]

(4) [F1 Study or training is within this subsection if its purpose is to improve—]

(a) [F1 the employee's effectiveness in the employer's business, and]

(b) [F1 the performance of the employer's business.]

(5) [F1 The application must state that it is an application under this section.]

(6) [F1 An employee is a qualifying employee for the purposes of this section if the employee—]

(a) [F1 satisfies any conditions about duration of employment specified by the Secretary of State in regulations, and]

(b) [F1 is not a person within subsection (7).]

(7) [F1 The following persons are within this subsection—]

(a) [F1 a person of compulsory school age (or, in Scotland, school age);]

(b) [F1 a person to whom Part 1 of the Education and Skills Act 2008 (duty to participate in education or training for 16 and 17 year olds) applies;]

(c) [F1 a person who, by virtue of section 29 of that Act, is treated as a person to whom that Part applies for the purposes specified in that section (extension for person reaching 18);]

(d) [F1 a person to whom section 63A of this Act (right to time off for young person for study or training) applies;]

(e) [F1 an agency worker;]

(f) [F1 a person of a description specified by the Secretary of State in regulations.]

(8) [F1 Nothing in this Part prevents an employee and an employer from making any other arrangements in relation to study or training.]

(9) [F1 In this section— “ agency worker ” means a worker supplied by a person (the “agent”) to do work for another person (the “principal”) under a contract or other arrangement between the agent and principal; “ compulsory school age ” has the meaning given in section 8 of the Education Act 1996; “ school age ” has the meaning given in section 31 of the Education (Scotland) Act 1980. ]

Amendment notes

1. F1 Pt. 6A inserted (6.4.2010 for certain purposes and otherwise prosp.) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 40(2), 269(4); S.I. 2010/303, art. 4, Sch. 3 (with arts. 8-14) (as amended by S.I. 2010/1151, art. 22)