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Contents

Long Title

Part I PRELIMINARY

Part II COUNCIL FOR PRIVATE EDUCATION

Division 1 — Establishment, incorporation and constitution of Council

Division 2 — Functions, duties and powers of Council

Division 3 — Provisions relating to staff of Council

Division 4 — Financial provisions

Division 5 — Transfer of property, assets, liabilities and employees

Division 6 — General

Part III REGULATION OF PRIVATE EDUCATION INSTITUTIONS

Division 1 — Registration of private education institutions

Division 2 — Management of registered private education institutions

Division 3 — Provisions relating to courses by registered private education institutions

Division 4 — Provisions relating to teachers of registered private education institutions

Division 5 — Provisions relating to advertising

Division 6 — Administrative penalties

Part IV PROVISION AND CONTROL OF OTHER SERVICES

Part V APPEALS

Part VI INSPECTION, ENFORCEMENT AND OFFENCES

Part VII MISCELLANEOUS

FIRST SCHEDULE Definition of private education

SECOND SCHEDULE Constitution and proceedings of Council

THIRD SCHEDULE Financial provisions

Legislative History

Comparative Table

 
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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.
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Grant or renewal of registration
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.