[(1) A qualifying employee may make an application under this section to his or her employer.
(2) An application under this section (a “section 63D application”) is an application that meets—
(a) the conditions in subsections (3) to (5), and
(b) any further conditions specified by the Secretary of State in regulations.
(3) The application must be made for the purpose of enabling the employee to undertake study or training (or both) within subsection (4).
(4) Study or training is within this subsection if its purpose is to improve—
(a) the employee's effectiveness in the employer's business, and
(b) the performance of the employer's business.
(5) The application must state that it is an application under this section.
(6) An employee is a qualifying employee for the purposes of this section if the employee—
(a) satisfies any conditions about duration of employment specified by the Secretary of State in regulations, and
(b) is not a person within subsection (7).
(7) The following persons are within this subsection—
(a) a person of compulsory school age (or, in Scotland, school age);
(b) 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) 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);
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