Singapore legislation
Clause 54
Clause 54
Refund by funding recipient for cancelled course or programme, etc.
(1)
This section applies where —
the Agency has given an incentive, a grant or a loan to any person (called in this section a funding recipient) in connection with a course or programme;
a person (called in this section a trainee) takes part in, or intends to take part in, a course or programme provided or to be provided by the funding recipient;
the course or programme —
does not start on the scheduled starting day; or
ceases to be provided at any time after it starts but before it is completed; and
the trainee has not withdrawn from the course or programme before the default day.
(2)
The Agency may give a direction to a funding recipient to make either or both of the following refunds by the time specified in the direction for that refund:
a refund to a trainee or any other person of the money received by the funding recipient before the default day from that trainee or other person (as the case may be) in payment for that trainee taking part in the course or programme;
a refund to the Agency of the amount of the incentive, grant or loan given by the Agency to the funding recipient in connection with each trainee taking part in the course or programme.
(3)
Before the Agency gives a direction to the funding recipient under subsection (2), the Agency must, unless the Agency considers it not practicable or desirable to do so, give written notice to the funding recipient —
stating that the Agency intends to give a direction to the funding recipient under this section; and
specifying the time (being at least 14 days or any other period of time that may be prescribed in substitution) within which written representations may be made to the Agency with respect to the proposed direction.
(4)
The Agency may, after considering any written representation made pursuant to subsection (3)(b), decide to give or not to give, or to modify, the direction as the Agency considers appropriate.
(5)
The Agency must serve on the funding recipient a notice of the Agency’s decision under subsection (4).
(6)
Every funding recipient must comply with a direction given by the Agency to the funding recipient under subsection (2).
(7)
Subsection (2) applies despite anything to the contrary contained in any agreement between the funding recipient and the trainee concerned, or between the funding recipient and any person who paid for the course or programme on behalf of the trainee.
(8)
A funding recipient who, without reasonable excuse, fails to comply with a direction given by the Agency under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
(9)
In this section —
Definition
“default day”, in relation to a course or programme, means —
if subsection (1)(c)(i) applies — the scheduled starting day for the course or programme; or
if subsection (1)(c)(ii) applies — the day on which the course or programme ceases to be provided;
Definition
“scheduled starting day”, in relation to a course or programme, means the day on which the course or programme was scheduled to start.