On 24/05/2013,
you requested for the version in force on 24/05/2013
incorporating all amendments published on or before 24/05/2013.
The closest version currently available is that of 31/12/2011.
PART V
APPEALS
51.
—(1) There shall be an Appeals Board consisting of a chairman and 4 other members as the Minister may appoint.
(2) The Minister shall appoint a secretary to the Appeals Board.
(3) Every member of the Appeals Board shall, unless the Minister otherwise directs, hold office for a period of 3 years and be eligible for re-appointment.
(4) The Minister may, at any time, revoke the appointment of any member of the Appeals Board.
(5) A member of the Appeals Board may resign his office by notice in writing to the Minister.
(6) Members of the Appeals Board may receive such remuneration and such travelling and subsistence allowances as the Minister may determine.
52.
—(1) It shall be the duty of the Appeals Board to hear and decide all appeals against the appealable decisions of the Council within the meaning of section 53(1).
(2) In the discharge of its duty under this Act, the Appeals Board shall have the following powers:
(a)
to take evidence on oath;
(b)
to summon any person to attend any hearing of the Appeals Board to give evidence or produce any document or other article in his possession, except that no person shall be bound to answer any question or produce any document in respect of any matter which would have been protected from disclosure on the ground of privilege if the proceedings had been held in any court;
(c)
to order an inspection of the premises of any private education institution; and
(d)
to enter and view the premises of any private education institution.
(3) The quorum of the Appeals Board shall be 3.
(4) The chairman of the Appeals Board shall, when present, preside at every meeting of the Appeals Board, and in his absence such member of the Board as may be chosen by the members present shall preside.
(5) The proceedings of the Appeals Board shall not be open to the public.
(6) No act or proceedings of the Appeals Board shall be questioned on account of any vacancy on it.
(7) All members of the Appeals Board shall be deemed to be public servants for the purposes of the Penal Code (Cap. 224).
(8) Subject to the provisions of this Act, the Appeals Board may regulate its own procedure in such manner as it thinks fit.
53.
—(1) Any person who is aggrieved by —
(a)
any decision of the Council —
(i)
refusing to grant or renew the registration of a private education institution under section 36;
(ii)
imposing any term or condition upon the registration of a private education institution under section 36;
(iii)
suspending or cancelling the registration of a private education institution under section 38;
(iv)
refusing to approve any change of the name of a private education institution, or the name of any premises or school (or any department or faculty thereof) of or education provided by the private education institution, under section 39;
(v)
directing the change in the name of a private education institution, or the name of any premises or school (or any department or faculty thereof) of or education provided by the private education institution, under section 40;
(vi)
directing the suspension or removal of any person appointed as a manager of a registered private education institution under section 42(1)(a) or the appointment of any additional person to discharge the duties of a manager of a private education institution under section 42(1)(b);
(vii)
refusing any permission under section 43(1) or (3) or imposing any term or condition when granting such permission;
(viii)
imposing any financial penalty, censure or other order under section 48(1); or
(ix)
refusing any approval under section 50 or imposing any term or condition when approving under that section;
(c)
any requisition for particulars or information under section 62; or
(d)
any decision of the Council under section 64(3),
(each of which decision, direction or requisition shall be referred to in this Act as an appealable decision) may, within such time as may be prescribed under section 55 in respect of the type of appealable decision, lodge an appeal against the decision to the Appeals Board.
(2) Every appeal under subsection (1) shall be lodged in such form and manner as may be prescribed under section 55.
(3) The Appeals Board may —
(a)
confirm, set aside or modify the appealable decision to which the appeal relates; or
(b)
give such directions in such manner as the Appeals Board thinks fit, including a direction to the Council to review its appealable decision to which the appeal relates,
and the decision of the Appeals Board shall be final.
(4) The decision of the Appeals Board shall be communicated to the appellant in writing by the secretary to the Appeals Board.
(5) The lodging of an appeal under subsection (1) against an appealable decision shall not suspend the effect of the appealable decision to which the appeal relates, except where the appeal relates to —
(a)
any written direction of the Council issued under section 34(6) or 60 requiring the private education institution or the managers thereof to refund the whole or any part of any course money to any student or intending student of the private education institution; or
(b)
any other appealable decision of the Council that is prescribed under section 55 as a suspended appealable decision.
54.
—(1) A member of the Appeals Board shall declare to the Minister, or any person authorised by the Minister, the nature and extent of all conflicts of interest or potential conflicts of interest, if any, with his duties or interests as a member of the Appeals Board arising from —
(a)
his holding of any office;
(b)
his interest in any contract;
(c)
his possession or ownership of any property;
(d)
any direct or indirect relationship with a private education institution or any other person regulated under this Act; or
(e)
his connection or association with any trade or consumer body.
(2) Where the Minister, or any person authorised by the Minister, is satisfied that a member of the Appeals Board is unable to carry out his duties properly and effectively because of any conflict of interest or potential conflict of interest referred to in subsection (1), the Minister may replace that member or direct that member to abstain from taking part in any proceedings relating to any matter affected by his conflict of interest or potential conflict of interest.
55. The Minister may make rules for or with respect to —
(a)
the time within which an appeal to the Appeals Board may be lodged;
(b)
the form and manner in which an appeal to the Appeals Board shall be lodged;
(c)
the fees to be paid in respect of any appeal lodged with the Appeals Board;
(d)
the records to be kept by the Appeals Board; and
(e)
all matters and things which are required or permitted to be prescribed or which are necessary or expedient to give effect to any provision of this Part.