/akn/sg/act/sub_leg/2009/PEA-S490-2016

Private Education (Dispute Resolution Schemes) Regulations 2016

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Type
Subsidiary Legislation
Status
In force
Enacted
2009
Sections
7

Quick answer

About this subsidiary legislation

Private Education (Dispute Resolution Schemes) Regulations 2016 is Singapore Subsidiary Legislation, cited as Subsidiary Legislation PEA-S490-2016 2009, currently marked in force and first recorded in 2009.

Regulation 1

Citation and commencement

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These Regulations are the Private Education (Dispute Resolution Schemes) Regulations 2016 and come into operation on 3 October 2016.

Regulation 2

Definitions

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In these Regulations, unless the context otherwise requires —“dispute resolution centre” means any entity prescribed under regulation 4;“dispute resolution proceeding” means a dispute resolution proceeding carried out under a dispute resolution scheme;“dispute resolution scheme” means any dispute resolution scheme prescribed under regulation 3;“intending student” means a person who intends to become or has taken any steps towards becoming a student of a private education institution;“party” means a party to a dispute resolution proceeding, and includes —

(a)

a student in a registered private education institution;

(b)

a former student of a registered private education institution;

(c)

an intending student of a registered private education institution;

(d)

a parent, guardian or any other person who has entered into a contract with a registered private education institution for the provision of education to a student, former student or intending student; and

(e)

a registered private education institution; “student”, in relation to a registered private education institution, means a person who receives, or is enrolled in the registered private education institution to receive, education offered or provided by the registered private education institution;“terms of reference” means the terms which define the scope, application, operations and procedures of a dispute resolution scheme.

Definition

“dispute resolution centre” means any entity prescribed under regulation 4;

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Definition

“dispute resolution proceeding” means a dispute resolution proceeding carried out under a dispute resolution scheme;

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Definition

“dispute resolution scheme” means any dispute resolution scheme prescribed under regulation 3;

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Definition

“intending student” means a person who intends to become or has taken any steps towards becoming a student of a private education institution;

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Definition

“party” means a party to a dispute resolution proceeding, and includes —

(a)

a student in a registered private education institution;

(b)

a former student of a registered private education institution;

(c)

an intending student of a registered private education institution;

(d)

a parent, guardian or any other person who has entered into a contract with a registered private education institution for the provision of education to a student, former student or intending student; and

(e)

a registered private education institution;

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Definition

“student”, in relation to a registered private education institution, means a person who receives, or is enrolled in the registered private education institution to receive, education offered or provided by the registered private education institution;

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Definition

“terms of reference” means the terms which define the scope, application, operations and procedures of a dispute resolution scheme.

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Regulation 3

Prescribed dispute resolution schemes

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Amended byS 976/2022 wef 31/12/2021

The list of dispute resolution schemes as prescribed by the Agency under section 37(1) of the Act for the resolution of disputes arising from or relating to the provision of services by registered private education institutions to students is set out in the First Schedule.

Regulation 4

Prescribed dispute resolution centres

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Amended byS 976/2022 wef 31/12/2021

The list of approved dispute resolution centres as prescribed by the Agency under section 37(2)(b) of the Act under each dispute resolution scheme is set out in the Second Schedule.

Regulation 5

Participation in prescribed dispute resolution schemes

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Amended byS 988/2022 wef 21/12/2022S 988/2022 wef 21/12/2022S 988/2022 wef 21/12/2022

Subregulation 1

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Every registered private education institution must participate in the dispute resolution schemes.

Subregulation 2

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Every registered private education institution must comply with the terms and conditions of the dispute resolution schemes set out in the Third Schedule.

Subregulation 3

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Amended byS 988/2022 wef 21/12/2022

Despite paragraph (1), where a registered private education institution has not entered into a written agreement or contract with a student-inmate enrolled in a YRSG-sponsored course provided by the registered private education institution (as mentioned in regulation 25(6B) of the Private Education Regulations 2009 (G.N. No. S 617/2009)), the registered private education institution need not participate in any dispute resolution proceeding commenced by the student-inmate in respect of the YRSG-sponsored course.

Subregulation 4

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Amended byS 988/2022 wef 21/12/2022

If, however, a registered private education institution chooses to participate in a dispute resolution proceeding commenced by a student-inmate, the registered private education institution must comply with the terms and conditions of the dispute resolution scheme set out in the Third Schedule.

Subregulation 5

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Amended byS 988/2022 wef 21/12/2022

In this regulation —

Definition

“student-inmate” means a student —

(a)

who is an inmate or a prisoner, as defined in section 2 of the Singapore Corporation of Rehabilitative Enterprises Act 1975; and

(b)

for whom the YRSG agrees to pay the course money for enrolment of the student in a registered private education institution under a written agreement or contract between the YRSG and the registered private education institution;

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Definition

“YRSG” means Singapore Corporation of Rehabilitative Enterprises (Yellow Ribbon Singapore);

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Definition

“YRSG-sponsored course”, in relation to a student-inmate, means a course for which the YRSG agrees to pay the course money for enrolment of the student-inmate in a registered private education institution under a written agreement or contract between the YRSG and the registered private education institution.

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Regulation 6

Terms of reference of prescribed dispute resolution schemes

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Subregulation 1

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A dispute resolution centre must administer a dispute resolution scheme in accordance with its terms of reference that have been approved by the Agency.

Subregulation 2

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The Agency may, in its discretion, amend the terms of reference of a dispute resolution scheme.

Subregulation 3

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The terms of reference include the following:

(a)

the types of disputes that may be referred by a party to a dispute resolution centre;

(b)

the procedure for referring a dispute to the dispute resolution centre;

(c)

the procedure for the receipt, processing and resolution of a dispute;

(d)

the fees payable by each party in respect of each dispute referred to the dispute resolution centre;

(e)

the circumstances in which a dispute may be dismissed by the dispute resolution centre without referring the parties for mediation under the dispute resolution scheme;

(f)

the circumstances in which a dispute would be referred for arbitration under the dispute resolution scheme;

(g)

the types of awards that may be made by an arbitrator under the dispute resolution scheme;

(h)

the procedure for the notification of the outcome of the arbitration of a dispute to the parties.

Subregulation 4

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A dispute resolution centre must not amend any fee mentioned in paragraph (3)(d) except with the approval of the Agency.

Regulation 7

Revocation

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The Private Education (Dispute Resolution Schemes) Regulations 2010 (G.N. No. S 272/2010) are revoked.

Common questions

What is Private Education (Dispute Resolution Schemes) Regulations 2016?
Private Education (Dispute Resolution Schemes) Regulations 2016 is Singapore Subsidiary Legislation, cited as Subsidiary Legislation PEA-S490-2016 2009, currently marked in force and first recorded in 2009.
Is Private Education (Dispute Resolution Schemes) Regulations 2016 still in force?
Yes — Private Education (Dispute Resolution Schemes) Regulations 2016 is currently in force.
When did Private Education (Dispute Resolution Schemes) Regulations 2016 take effect?
Private Education (Dispute Resolution Schemes) Regulations 2016 was first recorded in 2009.
How many regulations does Private Education (Dispute Resolution Schemes) Regulations 2016 have?
Private Education (Dispute Resolution Schemes) Regulations 2016 contains 7 regulations.
Where can I read the official version of Private Education (Dispute Resolution Schemes) Regulations 2016?
The official text of Private Education (Dispute Resolution Schemes) Regulations 2016 is published at sso.agc.gov.sg.