PART VII
MISCELLANEOUS
62.
—(1) The Council may, from time to time, issue a requisition in writing to any person to furnish such particulars or supply such information relating to any matter to which this Act applies as may be specified in the requisition.
(2) A requisition issued by the Council under subsection (1) may —
(a)
specify the form in which and the time within which the particulars or information are to be furnished;
(b)
require the particulars or information to be furnished periodically at or within such time or times and in such form or forms as are specified in the requisition; and
(c)
specify the place or manner at or in which the particulars or information are to be delivered.
(3) Every person who is issued a requisition by the Council under subsection (1) shall furnish the particulars or supply the information specified in the requisition to the best of his knowledge and belief.
(4) Any person who, without reasonable excuse, fails to comply with any requisition issued by the Council under subsection (1) shall be guilty of an offence.
(5) Any person who, in compliance or purported compliance with any requisition issued by the Council under subsection (1), furnishes the Council with any information or document which he knows is false or misleading shall be guilty of an offence.
63.
—(1) The Council may establish, maintain and cause to be published in such manner as it may determine, one or more registers in respect of —
(a)
registered private education institutions or any class thereof, and such other persons as may be prescribed;
(b)
courses offered or provided, or to be offered or provided, by any persons or class of persons referred to in paragraph (a); or
(c)
such other information relating to private education generally or to any Scheme as the Council may determine.
(2) Regulations may be made under section 71 to prescribe the manner in which the registers are established or maintained under subsection (1), including the details or particulars required to be entered in the registers.
(3) Any person may, upon payment of such fee as may be prescribed, inspect and take an extract from any register established under subsection (1).
(4) Any extract taken under subsection (3), if certified by the Council to be a true copy, shall be admissible as evidence in any legal proceedings.
64.
—(1) Regulations may be made under section 71 to prescribe one or more dispute resolution schemes for the resolution of disputes arising from or relating to the provision of services by registered private education institutions to students.
(2) Without prejudice to the generality of subsection (1), regulations may be made under section 71 —
(a)
to require registered private education institutions or any class thereof to participate in such prescribed dispute resolution schemes and to comply with such terms and conditions of the scheme as may be prescribed;
(b)
to prescribe a list of approved dispute resolution centres under each prescribed dispute resolution scheme; and
(c)
generally to give effect to this section.
(3) Where the Council is satisfied that any registered private education institution has contravened any of the regulations referred to in subsection (2), the Council may do all or any of the following:
(a)
impose a financial penalty of such amount, not exceeding $5,000, as the Council thinks fit;
(b)
censure the private education institution, if it thinks it necessary in the public interest or for the protection of the public or any section of the public;
(c)
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.
(4) The Council shall, before making any decision under subsection (3) in relation to any private education institution, give the private education institution notice in writing of its intention to do so.
(5) Upon receipt of the notice of the Council under subsection (4), 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 (3)(c), as the case may be.
(6) The Council shall, after the private education institution or any manager thereof has shown cause under subsection (5) or the time to do so has expired, notify the private education institution of its decision in writing.
(7) Subject to section 53, any decision by the Council under subsection (3) 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.
(8) The Council may issue, and in its discretion publish by notification in the Gazette or in such other manner as it considers appropriate, such guidelines as it considers appropriate for providing guidance in relation to the operation of a prescribed dispute resolution scheme.
65. Notwithstanding any provision to the contrary in the Criminal Procedure Code 2010 (Act 15 of 2010), a District Court shall have jurisdiction to try any offence under this Act and shall have power to impose the full penalty or punishment in respect of the offence.
66.
—(1) Where an offence under this Act committed by a body corporate is proved —
(a)
to have been committed with the consent or connivance of an officer; or
(b)
to be attributable to any neglect on his part,
the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(3) Where an offence under this Act committed by a partnership is proved —
(a)
to have been committed with the consent or connivance of a partner; or
(b)
to be attributable to any neglect on his part,
the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved —
(a)
to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or
(b)
to be attributable to any neglect on the part of such officer or member,
the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(5) In this section, “officer” —
(a)
in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or
(b)
in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of such a committee and includes any person purporting to act in any such capacity.
(6) The Minister may make rules to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.
67.
—(1) The Chief Executive or any officer authorised by him may, in his discretion, compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding —
(a)
one half of the amount of the maximum fine that is prescribed for the offence; or
(b)
$5,000,
whichever is the lower.
(2) On payment of such sum of money, no further proceedings shall be taken against that person in respect of the offence.
68. The Minister may, by order published in the Gazette, exempt any person or any class of persons, courses or advertisements from any provision of this Act, subject to such terms or conditions as may be prescribed.
69.
—(1) Any notice, order, direction or other document required or authorised by this Act to be served on any person may be served on the person —
(a)
in the case of an individual —
(i)
by delivering it to the individual personally;
(ii)
by leaving it with an adult person apparently resident at, or by sending it by pre-paid registered post to, the usual or last known address of the place of residence of the individual;
(iii)
by leaving it with an adult person apparently employed at, or by sending it by pre-paid registered post to, the usual or last known address of the place of business of the individual;
(iv)
by affixing a copy of the notice in a conspicuous place at the usual or last known address of residence or business of the individual; or
(v)
by sending it by facsimile transmission to the facsimile number operated at the usual or last known address of the place of residence or business of the individual, or the last facsimile number given to the Council by the individual as the facsimile number for the service of documents on the individual;
(b)
in the case of a partnership other than a limited liability partnership —
(i)
by delivering it to any one of the partners or the secretary or other like officer of the partnership;
(ii)
by leaving it at, or by sending it by pre-paid registered post to, the principal or last known place of business of the partnership in Singapore; or
(iii)
by sending it by facsimile transmission to the facsimile number operated at the principal or last known place of business of the partnership in Singapore; and
(c)
in the case of any limited liability partnership or any other body corporate —
(i)
by delivering it to the secretary or other like officer of the body corporate or, in the case of a limited liability partnership, the manager thereof;
(ii)
by leaving it at, or by sending it by pre-paid registered post to, the registered office or principal office of the limited liability partnership or body corporate in Singapore; or
(iii)
by sending it by facsimile transmission to the facsimile number operated at the registered office or principal office of the limited liability partnership or body corporate in Singapore.
(2) Where any notice, order, direction or other document required or authorised by this Act to be served is sent by a facsimile transmission to the facsimile number operated at the last known place of residence or business or registered office or principal office in accordance with subsection (1), it shall be deemed to have been duly served on the person to whom it is addressed on the day of transmission, subject to receipt on the sending facsimile machine of a notification (by electronic or other means) of a successful transmission to the place of residence or business or registered office or principal office (as the case may be).
(3) Where any notice, order, direction or other document required or authorised by this Act to be served is sent by pre-paid registered post, it shall be deemed to have been duly served on the person to whom it is addressed 2 days after the day the notice or document was posted, whether or not it is returned undelivered.
(4) Any notice, order, direction or other document required or authorised by this Act to be served on the owner or occupier of any premises —
(a)
may be served by delivering it or a true copy thereof to some adult person on the premises or, if there is no such person on the premises to whom it can with reasonable diligence be delivered, by affixing the notice, order, direction or document to some conspicuous part of the premises; and
(b)
shall be deemed to be properly addressed if addressed by the description of the owner or occupier of the premises without further name or description.
(5) Without prejudice to the generality of this section, any notice, order, direction or other document required or authorised by this Act to be served on a manager or the managers of a private education institution —
(a)
may be served by delivering it or a true copy thereof to some adult person on the premises of the private education institution or, if there is no such person on the premises to whom it can with reasonable diligence be delivered, by affixing the notice, order, direction or document to some conspicuous part of the premises; and
(b)
shall be deemed to be properly addressed if addressed by the description of the manager or managers of the registered private education institution without further name or description.
(6) This section shall not apply to notices and documents to be served in proceedings in court.
70.
—(1) The Minister may at any time, by order published in the Gazette, amend the First Schedule by adding any education as private education.
(2) The Minister may, in any order made under subsection (1), make such incidental, consequential or supplementary provisions as may be necessary or expedient.
(3) All orders made under this section shall be presented to Parliament as soon as possible after publication in the Gazette.
71.
—(1) The Council may, with the approval of the Minister, make regulations as may be necessary or expedient to give effect to the provisions and purposes of this Act.
(2) Without prejudice to the generality of subsection (1), regulations may be made under that subsection for or in respect of all or any of the following matters:
(a)
the forms to be used and the information to be furnished in, or the documents to be furnished with, any application and the forms to be used for any other purpose under this Act;
(b)
the fees and charges payable under this Act, including the interest or penalty for the late payment of any fee or charge, and the waiver, refund or remission, whether wholly or in part, of such fees and charges;
(c)
the requirements and restrictions on the names of private education institutions or the names of any premises or school (or any department or faculty thereof) of or education provided by private education institutions, and the use or display of such names;
(d)
the premises of private education institutions, including but not limited to —
(i)
the requirements for office or administrative areas;
(ii)
the number, type and size of classrooms;
(iii)
the facilities and equipment to be provided;
(iv)
the signage in or around the premises;
(v)
the use of the premises; and
(vi)
the restrictions on the sharing of premises with other persons;
(e)
the form and manner of the keeping of registers or records under this Act, the inspection thereof, the taking of extracts therefrom, the supply of copies thereof, and the returns to be made to the Council including financial records;
(f)
the publication of information by private education institutions, in such form and manner as may be prescribed, relating to the premises, teachers and courses of the private education institutions, including but not limited to course fees, course schedules, examination schedules, course particulars and programme modules;
(g)
the administration of courses offered or provided by registered private education institutions, including but not limited to the requirements relating to the names of courses, course programme duration, enrolment of students, the form and content of the agreements or contracts to be entered into with students, and the establishment of boards, committees or other similar bodies to oversee academic, examination or administrative structures and processes;
(h)
the deployment of teachers by registered private education institutions;
(i)
the use of advertisements by or on behalf of a private education institution, or any solicitation or canvassing for business by or on behalf of a private education institution;
(j)
the use of any accreditation, certification or inspection mark of the Council;
(k)
the regulation of persons who provide any service relating, whether directly or indirectly, to the provision of private education, including the application, with such modifications as may be prescribed, of the provisions of this Act to such persons;
(l)
the offences which may be compounded under section 67;
(m)
to prescribe all matters and things which by this Act are required or permitted to be prescribed or which are necessary or expedient to be prescribed to give effect to this Act.
(3) Regulations made under subsection (1) —
(a)
may relate to all or any class or description of private education institutions;
(b)
may make different provisions for different classes or descriptions of private education institutions;
(c)
may provide that a contravention of any specified provision thereof shall be an offence; and
(d)
other than regulations prescribed for the purpose of section 48, may provide for penalties not exceeding a fine of $10,000 or imprisonment for a term not exceeding 12 months or both for each offence and, in the case of a continuing offence, a further penalty not exceeding a fine of $1,000 for that offence for every day or part thereof during which the offence continues after conviction.
72. This Act shall not apply to the following persons, all of whom shall not be regarded as private education institutions, or managers or teachers of private education institutions, as the case may be:
(a)
the Government or any entity owned or controlled by the Government and the teachers of a Government school;
(b)
the Institute of Technical Education, Singapore established under the Institute of Technical Education Act (Cap. 141A) or any company owned (wholly or partly) by or any undertaking of the Institute of Technical Education, Singapore and their respective teachers;
(c)
the following Polytechnics or undertakings and their respective teachers:
(i)
the Nanyang Polytechnic established under the Nanyang Polytechnic Act (Cap. 191A);
(ii)
the Ngee Ann Polytechnic established under the Ngee Ann Polytechnic Act (Cap. 207);
(iii)
the Republic Polytechnic established under the Republic Polytechnic Act (Cap. 270);
(iv)
the Singapore Polytechnic established under the Singapore Polytechnic Act (Cap. 303);
(v)
the Temasek Polytechnic established under the Temasek Polytechnic Act (Cap. 323A); and
(vi)
any company that is owned (wholly or partly) by any such Polytechnic referred to in sub-paragraphs (i) to (v);
(d)
any other body that is established or constituted by or under a public Act and that has a public function, or any entity owned (wholly or partly) or controlled by such a body, offering to provide or providing any education, and its teachers;
(e)
the organisation, committee of management, managers and teachers of any school registered under the Education Act (Cap. 87) and which receives a grant-in-aid or subvention extended by the Government to aided schools within the meaning of that Act unless the organisation is specified in a notification made under the definition of “private education institution” in section 2;
(f)
the organisation, committee of management, managers and teachers at any special education school for students with physical or intellectual disabilities which is registered under the Education Act and which receives a subvention extended by the Government;
(g)
the organisation, committee of management, managers and teachers of any education institution providing education in accordance with religious beliefs and principles and no other education, including any school exempted under section 3 of the Education Act and any Muslim religious school referred to in section 87(1) of the Administration of Muslim Law Act (Cap. 3);
(h)
the governing board constituted for any school under the School Boards (Incorporation) Act (Cap. 284A), its governors and the teachers of such a school;
(i)
the Nanyang Technological University, the National University of Singapore, the Singapore Management University, the Singapore University of Technology and Design and any other person whose function of providing university education is determined by written law, any entity owned (wholly or partly) or controlled by any such University or person, and the teachers of the respective Universities and entities; and
(j)
any place of safety or juvenile rehabilitation centre approved, appointed or established under the Children and Young Persons Act (Cap. 38) or any approved institution approved under section 12 of the Probation of Offenders Act (Cap. 252), respectively, and the respective managers thereof.
73.
—(1) Notwithstanding the provisions of this Act, any person who, immediately before the date of commencement of Part III, is registered under the Education Act (Cap. 87) and is in Singapore —
(a)
offering to provide or providing private education, whether in Singapore or elsewhere; or
(b)
awarding any degree, diploma or certificate (including any honorary degree or other distinction) in respect of private education, whether offered or provided in Singapore or elsewhere,
(referred to in this section as an existing regulated private education institution) shall be deemed to be registered as a private education institution for a period of 18 months from that date, subject to the same conditions of its registration as a school under the Education Act (if applicable) to the extent that those conditions are not inconsistent with the provisions of this Act.
(2) Notwithstanding the provisions of this Act, every course lawfully offered or provided by an existing regulated private education institution under the Education Act immediately before the date of commencement of section 43, whether in Singapore or elsewhere and whether by itself or in association or collaboration with or by affiliation with any other person, shall be deemed to be permitted by the Council under section 43 for the same period delimited by subsection (1).
(3) Notwithstanding the provisions of this Act, an existing regulated private education institution which, immediately before the date of commencement of section 44, is deploying any teacher authorised under the Education Act to teach any course to all or any of the students of the existing regulated private education institution shall be deemed to have complied with section 44 for the same period delimited by subsection (1).
(4) Where anything has been commenced by or on behalf of the Director-General of Education under the Education Act before the date of commencement of Part III, IV, V or VI, as the case may be, the Minister or the Appeals Board under the Education Act in relation to an existing regulated private education institution, such thing may be carried on and completed by or under the authority of the Council, the Minister or the Appeals Board (as the case may be) under the corresponding provisions in those Parts.
(5) Notwithstanding the provisions of this Act, any person (other than an existing regulated private education institution) who, immediately before the date of commencement of Part III, is —
(a)
offering to provide or providing private education, whether in Singapore or elsewhere; or
(b)
awarding any degree, diploma or certificate (including any honorary degree or other distinction) in respect of private education, whether offered or provided in Singapore or elsewhere,
shall be entitled to continue doing so for a period of 2 months from that date, and if before the expiry of that period the person applies for registration under that Part, that person shall be entitled to continue carrying on doing so until —
(i)
the date on which the person is registered as a private education institution under Part III; or
(ii)
the application for registration under that Part is refused or withdrawn.
(6) Any application by a private education institution for registration under the Education Act before the date of commencement of Part III which application was not dealt with before that commencement shall lapse.
(7) For a period of 2 years after the commencement of this section, the Minister may, by rules, prescribe such provisions of a savings or transitional nature consequent on the enactment of any provision of this Act as he may consider necessary or expedient.
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