PART III
REGULATION OF PRIVATE EDUCATION INSTITUTIONS
34.
—(1) Subject to the provisions of this Act, no person in Singapore may —
(a)
offer to provide or provide private education, whether in Singapore or elsewhere; or
(b)
award any degree, diploma or certificate (including any honorary degree or other distinctions) in respect of private education, whether offered or provided in Singapore or elsewhere,
unless the person is a registered private education institution.
(2) Any person who contravenes subsection (1) shall be guilty of an offence.
(3) Any person who knowingly assists in the provision of private education by an unregistered private education institution shall be guilty of an offence.
(4) The Council may take such measures as it thinks necessary to secure the closure of any unregistered private education institution, including but not limited to —
(a)
the use of such force or assistance as may be necessary to remove therefrom any person who is in the premises in the possession or control of the unregistered private education institution; and
(b)
the sealing of all or any of the entrances to or exits from such premises.
(5) The expenses reasonably incurred by the Council in the exercise of its powers under subsection (4) and such other reasonable expenses as may be incidental thereto shall be recoverable by the Council as a civil debt from the manager or managers (as the case may be) of the unregistered private education institution; and every manager of such an unregistered private education institution shall be jointly and severally liable to the Council for those expenses.
(6) Without prejudice to subsection (4) or (5) or any other power vested in the Council under this Act, the Council may, by written direction addressed to the managers of an unregistered private education institution, direct that the unregistered private education institution refund each student thereof, within such time as may be specified in the direction, the whole of the course money the unregistered private education institution received in respect of the student.
(7) Subsection (6) shall apply notwithstanding anything contained in the agreement or contract between the unregistered private education institution and the students concerned.
(8) Where any written direction issued by the Council under subsection (6) is not complied with, the unregistered private education institution and every manager thereof to whom the direction is addressed shall each be guilty of an offence.
(9) Subject to subsection (7), it shall be a defence for any person charged with an offence under subsection (8) to prove that he had a reasonable excuse for failing to comply with the written direction of the Council under subsection (6).
(10) Subject to the provisions of this Act, no person shall be entitled to recover in any court any charge, course money or remuneration for any private education provided in Singapore unless the person providing the private education is registered under this Act to provide the private education and the person did so in accordance with the permission of the Council under section 43 required for the course.
35.
—(1) Every application for the grant or renewal of the registration of a private education institution —
(a)
shall be made by a manager of the private education institution (referred to in this section as the applicant) to the Council in such form and manner, and within such time, as may be prescribed;
(b)
shall be accompanied by the prescribed fee; and
(c)
may be accompanied by an application to the Council for the waiver of any of the requirements imposed under this Act for the registration of private education institutions or the renewal thereof.
(2) The Council may require the applicant making an application under subsection (1) to furnish it with such information or documents as the Council considers necessary in relation to the application.
(3) Where the applicant fails to furnish the Council with any information or document required under subsection (2) in relation to his application within the time specified by the Council —
(a)
the application shall be deemed to have been withdrawn; and
(b)
where the application is accompanied by an application for the waiver of any of the requirements imposed under this Act for the registration of private education institutions or the renewal thereof, the application for waiver shall also be deemed to have been withdrawn.
36.
—(1) The Council may, upon receiving an application made under section 35(1) for the grant or renewal of the registration of a private education institution, and after such inquiry as it may think necessary —
(a)
if the application is accompanied by an application for the waiver of any of the requirements imposed under this Act for the registration or renewal of registration of private education institutions —
(i)
grant or renew (as the case may be) the registration of the private education institution subject to such terms and conditions as it thinks fit, after waiving such of the requirements imposed under this Act for the registration or renewal of registration of private education institutions that is the subject of the application for waiver; or
(ii)
refuse to waive such of the requirements imposed under this Act for the registration or renewal of registration of private education institutions that is the subject of the application for waiver and refuse to grant or renew (as the case may be) the registration of the private education institution because of section 37; or
(b)
in any other case —
(i)
grant or renew (as the case may be) the registration of the private education institution subject to such terms and conditions as it thinks fit; or
(ii)
refuse to grant or renew (as the case may be) the registration of the private education institution because of section 37.
(2) Every registration of a private education institution, and every renewal thereof, shall be for such period as may be specified by the Council.
(3) Without prejudice to the generality of subsection (1)(a)(i) and (b)(i), the terms and conditions subject to which the Council registers a private education institution may provide that except with the prior written approval of the Council —
(a)
the private education institution shall not enter into a contractual agreement or other arrangement (whether or not in partnership) with one or more other parties to undertake any activity that is not related to private education, so as to obtain individual benefits for the parties, whether in the form of a share of the output of the arrangement or joint or collective profits for all the parties; or
(b)
the private education institution shall only provide private education and other activities that are related to the provision of private education.
(4) The Council may at any time add to, vary or revoke any term or condition of the registration of a private education institution without compensation.
(5) For the avoidance of doubt, nothing in subsection (3) shall authorise the imposition of any term or condition restricting or prohibiting any particular member of a registered society from entering into any contractual agreement or other arrangement referred to in subsection (3)(a) or from carrying on any activity that is not related to the provision of private education.
37.
—(1) The Council may refuse to grant or renew the registration of a private education institution if —
(a)
the private education institution is not a company or a registered society;
(b)
the premises of the private education institution —
(i)
are or are likely to be unsuitable for providing private education;
(ii)
are unsanitary or unsuitable for providing private education, or are otherwise dangerous or unsafe;
(iii)
are to be used, wholly or in part, for any purpose other than providing private education or education; or
(iv)
do not conform to the regulations made under section 71;
(c)
all or more than half of the total number of teachers of the private education institution, or all or more than half of the total number of the proposed teachers thereof —
(i)
do not possess the minimum qualifications or experience, or fulfil such other criteria, as may be prescribed under section 44(1)(a); or
(ii)
are otherwise not fit and proper persons to teach in the private education institution;
(d)
in the application for the grant or renewal of the registration (as the case may be) of the private education institution, a statement has been made or information has been furnished which is false or misleading in a material particular or by reason of the omission of a material particular;
(e)
the private education institution or any manager thereof —
(i)
is contravening or has contravened this Act;
(ii)
has been convicted of any offence under this Act within a period of 5 years preceding the date of the application for the grant or renewal of the registration (as the case may be) of the private education institution; or
(iii)
has been convicted of any other offence involving fraud or dishonesty or the conviction for which involved a finding that the private education institution or a manager thereof (as the case may be) has acted fraudulently or dishonestly, whether in Singapore or elsewhere, within a period of 5 years preceding the date of the application for the grant or renewal of the registration (as the case may be) of the private education institution;
(f)
any manager or proposed manager of the private education institution is otherwise not a fit and proper person to carry on or manage the private education institution;
(g)
the Council is of the view that the registration or renewal of registration (as the case may be) of the private education institution is not in the interests of the public, or the students, intending students or prospective students of the private education institution; or
(h)
the Council is satisfied that the name of the private education institution, or the name of any premises or school of the private education institution (or any department or faculty thereof), or the name of any education offered to be provided or provided by the private education institution —
(i)
is likely to mislead members of the public as to the true character or purpose of the private education institution, premises, school or department or faculty thereof or education, as the case may be;
(ii)
is identical to or so nearly resembles the name of some other private education institution or other education institution, whether in Singapore or elsewhere, as is likely to deceive or confuse members of the public or students of either education institution;
(iii)
is undesirable or offensive; or
(iv)
is a name of a kind that the Minister has directed the Council, by notification in the Gazette, not to accept for registration or is proscribed.
(2) The Council shall, before refusing to grant or renew the registration of any private education institution under subsection (1), give the private education institution and the managers thereof notice in writing of its intention to do so.
(3) Upon receipt of the notice of the Council under subsection (2), the private education institution concerned or any manager thereof may, within 14 days after the date of the notice, show cause to the Council as to why the registration of the private education institution should be granted or renewed.
(4) Where, after the private education institution or any manager thereof has shown cause under subsection (3) or the time to do so has expired, the Council decides not to grant or renew the registration of the private education institution —
(a)
the Council shall notify the private education institution and the managers thereof of its decision in writing; and
(b)
in the case where the registration of the private education institution is not renewed, the registration shall lapse accordingly.
38.
—(1) The Council may, without compensation, suspend (for a period not exceeding 6 months) or cancel the registration of any private education institution, or reduce the period of registration of the private education institution, if —
(a)
the private education institution ceases to be a company or a registered society;
(b)
the premises of the private education institution —
(i)
are unsuitable for providing private education;
(ii)
are unsanitary or unsuitable for providing private education, or are otherwise dangerous or unsafe;
(iii)
are used, wholly or in part, for any purpose other than providing private education or education; or
(iv)
do not conform to the regulations made under section 71;
(c)
all or more than half of the total number of teachers of the private education institution —
(i)
do not possess the minimum qualifications or experience, or fulfil such other criteria, as may be prescribed under section 44(1)(a); or
(ii)
are otherwise not fit and proper persons to teach in the private education institution;
(d)
the Council becomes aware of a circumstance that would have permitted the Council to refuse to grant or renew the registration of the private education institution because of section 37, had the Council been aware of the circumstances immediately before granting or renewing the registration, as the case may be;
(e)
there is reasonable cause to believe that the grant or renewal of registration has been obtained by means of any false statement or any statement that is false in a material particular;
(f)
the private education institution or any manager thereof —
(i)
is contravening or has contravened this Act;
(ii)
has, at any time during the period of registration of the private education institution, been convicted of any offence under this Act; or
(iii)
has, at any time during the period of registration of the private education institution, been convicted of any other offence involving fraud or dishonesty or the conviction for which involved a finding that the private education institution or a manager thereof (as the case may be) has acted fraudulently or dishonestly, whether in Singapore or elsewhere;
(g)
any manager of the private education institution is not a fit and proper person to carry on or manage the private education institution;
(h)
the Council is of the view that the continued registration of the private education institution is not in the interests of the public, or the students, intending students or prospective students of the private education institution;
(i)
the private education institution fails to comply with a direction of the Council issued under section 40;
(j)
the Council is satisfied that the private education institution has ceased to provide private education;
(k)
the private education institution is wound up or otherwise dissolved;
(l)
any term or condition of registration of the private education institution has been breached; or
(m)
it appears to the Council that the private education institution is being administered in a manner that is —
(i)
contrary to the interests of the public; or
(ii)
detrimental or likely to be detrimental to its students, intending students or prospective students.
(2) The Council shall, before suspending or cancelling the registration of any private education institution or reducing the period of registration of the private education institution under subsection (1), give the private education institution notice in writing of its intention to do so.
(3) Upon receipt of the notice of the Council under subsection (2), the private education institution concerned or any manager thereof may, within a period of 14 days after the date of the notice, show cause to the Council as to why the registration of the private education institution should not be suspended or cancelled, or the period of its registration should not be reduced (as the case may be).
(4) The Council shall, after the private education institution or any manager thereof has shown cause under subsection (3) or the time to do so has expired, notify the private education institution of its decision in writing.
(5) Subject to section 53, any decision by the Council under subsection (1) to suspend or cancel the registration of a private education institution, or to reduce the period of such registration, shall not take effect until the expiration of 14 days after the Council has served the notice of the decision on the private education institution concerned.
39.
—(1) Every registered private education institution shall obtain the prior approval of the Council before changing its name, or the name of any premises or school (or any department or faculty thereof) of, or any education provided by, the private education institution to a new name.
(2) For the purposes of subsection (1), a manager of the registered private education institution which intends to effect a change of name under subsection (1) shall submit to the Council an application for approval of the new name in such form and manner as may be prescribed, and that application shall be accompanied by the prescribed fee.
(3) The Council may refuse to grant its approval under subsection (1) if it is satisfied that the new name of the private education institution, or the premises, school (or any department or faculty thereof) or education provided by the private education institution, as the case may be, is a name which is referred to in section 37(1)(h).
40.
—(1) Notwithstanding anything in this Act, the Council may direct a registered private education institution to change its name, or the name of any premises or school (or any department or faculty thereof) of or education provided by the private education institution, to such new name as the Council may approve under section 39 where the Council is satisfied that the private education institution has been registered (whether through inadvertence or otherwise and whether before, on or after the date of commencement of this section) by a name, or the name of the premises or school (or a department or faculty thereof) or education bears a name —
(a)
which is referred to in section 37(1)(h); or
(b)
the use of which has been restrained by an injunction granted under the Trade Marks Act (Cap. 332).
(2) The registered private education institution to whom a direction under subsection (1) is given shall comply with the direction within a period of 6 weeks after the date of the direction, or such longer period as the Council may allow in any particular case, unless the direction is earlier annulled by the Minister.
(3) Any registered private education institution which contravenes subsection (2) shall be guilty of an offence.
(4) For the avoidance of doubt, the Council shall accept as correct any decision of the High Court to grant an injunction referred to in subsection (1)(b).
41.
—(1) The duties of a manager of a registered private education institution shall be to carry on or manage the registered private education institution and, in particular —
(a)
to ensure the keeping of proper records, including records containing information on —
(i)
the administration of the courses offered or provided by the private education institution;
(ii)
the teachers deployed by the private education institution;
(iii)
the attendance of the students of the private education institution; and
(iv)
such particulars as may be prescribed about the private education institution’s administration and governance arrangements, financial viability, educational programmes and student welfare processes, resources and other matters;
(b)
to ensure that, in the event the provision of private education by the private education institution is about to cease, the Council and each student and intending student of the private education institution are informed, in writing and in the time delimited as follows, of the cessation and of the necessary arrangements made by the private education institution for the student or intending student to be offered a place in another registered private education institution to complete the same or similar course at the private education institution’s expense or otherwise:
(i)
where the provision of private education by the private education institution must cease because the Council refused to renew the registration of the private education institution under section 37 or the registration of the private education institution is suspended or cancelled, or the period of its registration is reduced, under section 38 — at least 14 days before the cessation or such other period as the Council may allow in any particular case; or
(ii)
where the provision of private education by the private education institution must cease for any other reason — at least 30 days before the cessation;
(c)
to obtain the permission of the Council, in such form and manner as the Council may require, before any renovation works are carried out to the premises of the private education institution or any part thereof;
(d)
to notify the Council, in writing —
(i)
if there is any change in the ownership, control or management of the private education institution, of that change within 14 days after the date of the change;
(ii)
if any manager of the private education institution has been convicted of any offence punishable with imprisonment, of that conviction within 14 days after the date of conviction; or
(iii)
if any legal proceedings have been instituted against the private education institution, of the legal proceedings within 14 days after the date the private education institution is served with the originating process in such proceedings;
(e)
to furnish such information or documents relating to the private education institution as may be required, from time to time, by the Council within such time and in such manner as the Council may specify; and
(f)
to discharge such other duties as may be prescribed or as the Council may, from time to time, by notice in writing impose in any particular case.
(2) For the purposes of subsection (1), every manager of a registered private education institution shall —
(a)
maintain —
(i)
a telephone number;
(ii)
a residential address; and
(iii)
an electronic mail address or a facsimile number,
at which he may be contacted by the Council in relation to any matter concerning the registered private education institution;
(b)
upon the registration of the private education institution or his becoming a manager of the registered private education institution, notify the Council of the contact information he is required to maintain under paragraph (a); and
(c)
notify the Council of any change in the contact information he is required to maintain under paragraph (a) within a period of 14 days after the date of the change.
(3) Any manager who, without reasonable excuse, fails to comply with any of the duties of a manager prescribed under subsection (1) or (2) shall be guilty of an offence.
42.
—(1) Without prejudice to any other power vested in the Council under this Act, the Council may, at any time, direct a registered private education institution —
(a)
to suspend or remove any person appointed as a manager of the registered private education institution if the Council is satisfied that the manager —
(i)
is not a fit and proper person to carry on or manage the registered private education institution; or
(ii)
is unable to discharge the duties prescribed under section 41 or imposed on managers under this Act; or
(b)
to appoint such additional person as the Council may approve to discharge the duties of the manager referred to in paragraph (a) for such period as the Council considers necessary.
(2) Any registered private education institution which contravenes any direction of the Council issued under subsection (1) shall be guilty of an offence.
43.
—(1) Subject to subsections (2) and (3), no registered private education institution may offer or provide a course, whether in Singapore or elsewhere and whether by itself or in association or collaboration with or by affiliation with any other person, except with the permission in writing of the Council and in accordance with the terms and conditions of such permission.
(2) Subsection (1) shall not apply to such courses as may be prescribed.
(3) No registered private education institution may offer or provide, whether in Singapore or elsewhere, a course leading to the award of any associate, undergraduate or graduate degree or any other degree that is conferred in its own name without the permission in writing of the Minister.
(4) An application for the permission of the Council under subsection (1) shall —
(a)
be made on behalf of the registered private education institution by a manager of the registered private education institution (referred to in this section as the applicant) to the Council in such form and manner, and within such time, as may be prescribed; and
(b)
be accompanied by the prescribed fee.
(5) The Council may, upon an application made under subsection (4) and after such inquiry as it may think necessary, grant its permission subject to such terms and conditions as it thinks fit or refuse to grant its permission.
(6) The Council may, in determining whether to grant its permission under subsection (1), have regard to such considerations as it thinks fit.
(7) The Council may require the applicant making an application under subsection (4) to furnish it with such information or documents as the Council considers necessary in relation to the application.
(8) Where the applicant fails to furnish the Council with any information or document required under subsection (7) in relation to his application within the time specified by the Council, the application shall be deemed to have been withdrawn.
(9) Without prejudice to the generality of subsection (5) and notwithstanding section 49, the terms and conditions subject to which the Council grants its permission to a registered private education institution may include a term or condition requiring the registered private education institution to be or to remain (as the case may be) a member of a Scheme.
(10) The Council may at any time, without compensation —
(a)
add to, vary or revoke any term or condition of its permission granted under subsection (5); or
(b)
suspend or revoke its permission granted under subsection (5).
(11) Any registered private education institution which contravenes subsection (1) or (3) shall be guilty of an offence.
(12) Any person who knowingly or recklessly —
(a)
issues or publishes any advertisement of any course to be offered or provided by a registered private education institution, being a course which the Council has not granted its permission under subsection (1); or
(b)
solicits or receives any fee from any student in respect of such a course,
shall be guilty of an offence.
44.
—(1) No registered private education institution shall deploy a person to teach any course to all or any of the students of the registered private education institution unless —
(a)
the person possesses such minimum qualifications and experience, and fulfils such other criteria, as may be prescribed;
(b)
a manager of the registered private education institution has notified the Council, in such form and manner and within such time as may be prescribed, of the prescribed particulars of that person; and
(c)
the notification referred to in paragraph (b) is accompanied by the prescribed fee.
(2) The Council may, at any time —
(a)
impose such requirements or restrictions relating to any teacher of a registered private education institution as it thinks fit to impose, including but not limited to requirements or restrictions relating to the subjects or classes that the teacher may teach; and
(b)
add to, vary or revoke any requirement or restriction imposed under paragraph (a).
(3) Any registered private education institution which contravenes any requirement or restriction imposed under subsection (2) shall be guilty of an offence.
45.
—(1) The Council may, at any time, direct a registered private education institution to cease to deploy any person to teach any course to all or any of the students of the registered private education institution if the Council is satisfied that —
(a)
any information in respect of the person furnished to the Council under this Act is false or misleading in a material particular or by reason of the omission of a material particular;
(b)
the person does not possess the minimum qualifications or experience, or fulfil such other criteria, as may be prescribed under section 44(1)(a) or is otherwise not competent to teach the course;
(c)
the person has misconducted himself in his capacity as a teacher of the registered private education institution;
(d)
the person is contravening or has contravened this Act; or
(e)
the person is not a fit and proper person to teach in the registered private education institution.
(2) Any registered private education institution which contravenes any direction of the Council issued under subsection (1) shall be guilty of an offence.
46.
—(1) No person shall knowingly or recklessly issue or publish, or cause to be issued or published, any advertisement relating to a private education institution which is false or misleading in a material particular.
(2) For the purposes of subsection (1) —
(a)
“advertisement” includes an advertisement that is made available —
(i)
in a newspaper, magazine, journal or other periodical published or circulated in Singapore or elsewhere;
(ii)
in a sound or television broadcast transmitted for reception in Singapore or elsewhere; or
(iii)
by any other means of broadcasting or communication for circulation or reception in Singapore or elsewhere; and
(b)
an advertisement relating to a private education institution shall be presumed, unless the contrary is proved, to be false or misleading in a material particular if the advertisement —
(i)
falsely describes the private education institution;
(ii)
contains any false or misleading information concerning the private education institution or any course offered or provided by the private education institution; or
(iii)
does not contain such information, or is not in accordance with such requirements, as may be prescribed.
(3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
47.
—(1) Without prejudice to the generality of section 59, where any person has issued or published, or caused to be issued or published, any advertisement in contravention of section 43(12) or 46, the Council may direct the person to do all or any of the following at the person’s expense:
(a)
take all practicable steps to withdraw the advertisement;
(b)
modify the advertisement in such manner as may be specified or approved by the Council;
(c)
cease the issue or publication of any other advertisement which is wholly or substantially the same as the first-mentioned advertisement;
(d)
issue or publish, or cause to be issued or published, a corrective advertisement in such manner and containing such information as may be specified or approved by the Council.
(2) The person to whom the Council has issued a direction under subsection (1) shall bear all costs and expenses arising from complying with the direction.
(3) Where the person to whom the Council has issued a direction under subsection (1) fails to comply with the direction, the Council may take such steps as it thinks reasonable and necessary to give effect to the direction and recover all costs and expenses reasonably incurred by it in so doing from that person as a civil debt due to the Council.
(4) Any person who contravenes any direction of the Council issued under subsection (1) shall be guilty of an offence.
48.
—(1) Without prejudice to any other power vested in the Council under this Act, where a private education institution —
(a)
has breached any term or condition of its registration; or
(b)
has failed to comply with section 39(1) or 44(1), or such regulations as may be prescribed for the purpose of this section the breach of which is not an offence,
the Council may, in its discretion —
(i)
impose a financial penalty of such amount, not exceeding $5,000, as the Council thinks fit;
(ii)
censure the private education institution; or
(iii)
order that the registration of the private education institution be subject to such terms or conditions as may be imposed by the Council, whether in addition to or in substitution of the existing terms and conditions of its registration.
(2) Any financial penalty payable by any private education institution under subsection (1)(i) shall be recoverable as a civil debt due to the Council from the private education institution.
(3) The Council shall, before making any decision under subsection (1) in relation to any private education institution, give the private education institution notice in writing of its intention to do so.
(4) Upon receipt of the notice of the Council under subsection (3), the private education institution concerned or any manager thereof may, within a period of 14 days after the date of the notice, show cause to the Council as to why the Council should not impose a financial penalty, censure or make an order under subsection (1)(iii), as the case may be.
(5) The Council shall, after the private education institution or any manager thereof has shown cause under subsection (4) or the time to do so has expired, notify the private education institution of its decision in writing.
(6) Subject to section 53, any decision by the Council under subsection (1) shall not take effect until the expiration of 14 days after the Council has served the notice of the decision on the private education institution concerned.