Singapore legislation

Section 53

of Private Education Act

Section 53

Appeals to Appeals Board

(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;

(b)

any direction of the Council under section 34(6), 42, 45, 47, 59 or 60;

(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.