Singapore legislation

Section 38

Suspension or cancellation of registration

(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.

Read in full context — Private Education Act →