CHAPTER 247A Private Education Act
REVISED EDITION 2011 (31st December 2011) Prepared and Published by THE LAW REVISION COMMISSION UNDER THE AUTHORITY OF THE REVISED EDITION OF THE LAWS ACT (CHAPTER 275)
An Act to provide for the regulation and accreditation of private education institutions so as to ensure the provision of quality education thereat and for matters connected therewith. [Act 24 of 2016 wef 04/10/2016] [1st December 2009: with the exception of Parts III to VII ; 21st December 2009: Parts III to VII ]
ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title 2. Interpretation PART II ADMINISTRATION OF ACT 3. Agency to administer Act 4. Functions of Agency 5. Committee for Private Education 6. Financial penalties, etc., payable to Consolidated Fund PART III REGULATION OF PRIVATE EDUCATION INSTITUTIONS Division 1 — Registration of private education institutions 34. Requirement for registration 35. Application for grant or renewal of registration 36. Grant or renewal of registration 37. Grounds for refusal to grant or renew registration 38. Suspension or cancellation of registration 39. Approval of change of name 40. Power to direct change of name Division 2 — Management of registered private education institutions 41. Duties of managers 42. Suspension or removal of managers Division 3 — Provisions relating to courses by registered private education institutions 43. Permission to offer or provide courses Division 4 — Provisions relating to teachers of registered private education institutions Section 44. Notification of teachers of registered private education institutions 45. Power to prohibit or restrict deployment of teachers Division 5 — Provisions relating to advertising 46. Prohibition of certain advertisements 47. Remedial measures in relation to advertisements Division 6 — Administrative penalties 48. General measures Agency may impose on errant private education institutions PART IV PROVISION AND CONTROL OF OTHER SERVICES 49. Establishment or maintenance of accreditation or certification schemes by Agency 50. Restrictions on certain other services PART V APPEALS 51. Constitution of Appeals Board 52. Duty, powers and procedures of Appeals Board 53. Appeals to Appeals Board 54. Disclosure of conflicts of interest by members of Appeals Board 55. Rules relating to appeals PART VI INSPECTION, ENFORCEMENT AND OFFENCES 56. Appointment of inspectors 57. Inspection of registered private education institutions 58. Enforcement powers of inspectors 59. General power to direct remedial measures 60. Power to direct course money refunds, etc. 61. General offences and penalties PART VII MISCELLANEOUS Section 62. Power of Agency to issue requisition for particulars or information 63. Registers and publication of information 64. Power of Agency in relation to dispute resolution schemes 65. Jurisdiction of court 66. Offences by bodies corporate, etc. 67. Composition of offences 68. General exemption 69. Service of documents 70. Amendment of First Schedule 71. Regulations 72. Non-application to certain education institutions 73. Saving and transitional provisions First Schedule — Definition of private education Second Schedule — [Repealed] Third Schedule — [Repealed]
This Act may be cited as the Private Education Act.
(a) orally or in writing; (b) by means of any poster, placard, notice or other document affixed, posted or displayed on any wall, billboard or hoarding or on any other object or thing; (c) by means of sound broadcast, television, the Internet or other media; or (d) in any other form or manner whatsoever; “Agency” means the SkillsFuture Singapore Agency established by section 3 of the SkillsFuture Singapore Agency Act 2016; [Act 24 of 2016 wef 03/10/2016] “Appeals Board” means the Appeals Board constituted under section 51; “award”, in relation to a private education institution, includes the conferment of any degree, diploma or certificate by the private education institution, whether on its own behalf or otherwise; “body corporate” includes a limited liability partnership; [Deleted by Act 24 of 2016 wef 03/10/2016] “Chief Executive” means the Chief Executive of the Agency appointed under section 38 of the SkillsFuture Singapore Agency Act 2016 and includes any person acting in that capacity; [Act 24 of 2016 wef 03/10/2016] [Deleted by Act 24 of 2016 wef 03/10/2016] “company” has the same meaning as in section 4(1) of the Companies Act (Cap. 50); [Deleted by Act 24 of 2016 wef 03/10/2016] “course”, in relation to a private education institution, means a course of study or training programme offered or provided by the private education institution; “course money” means money that a private education institution receives, directly or indirectly, from — (a) a student, or a person (whether within or outside Singapore) who intends to become or who has taken any steps towards becoming a student (referred to in this Act as an intending student); or (b) another person who pays the money on behalf of the student or intending student, for a course that the private education institution is providing or offering to provide to the student or intending student; “director” has the same meaning as in section 4(1) of the Companies Act; “education” includes instruction, training or teaching; “education institution” means any person that offers to provide, or provides, education, whether by itself or in association or collaboration with or by affiliation with any other person; “examination service”, in relation to any private education institution, means any test, examination or other method of assessing the level of proficiency, aptitude, skill, knowledge or understanding of a person attending or enrolled in any course provided by the private education institution; “inspector” means an inspector appointed by the Agency under section 56(1); [Act 24 of 2016 wef 03/10/2016] “limited liability partnership” has the same meaning as in section 2(1) of the Limited Liability Partnerships Act (Cap. 163A); “manager” — (a) in relation to a private education institution that is a body corporate, means any director, partner or member of its board or committee of management which is responsible for the management of the affairs of the body corporate, or other similar officer of the body corporate, and includes any person in accordance with whose directions, instructions or wishes those directors, partners or other members, as the case may be, are accustomed or under an obligation, whether formal or informal, to act; (b) in relation to a private education institution that is an unincorporated association (other than a partnership), means any member of the governing body of the unincorporated association which is responsible for the management of the affairs of the unincorporated association, or any person holding a position analogous to that of member of such a governing body; (c) in relation to a private education institution that is a partnership, means any partner of the partnership; or (d) in relation to a private education institution that is a sole-proprietorship, means the sole-proprietor; [Deleted by Act 24 of 2016 wef 03/10/2016] “partner” includes any person purporting to act as a partner; “partnership” includes a limited partnership within the meaning of the Limited Partnerships Act (Cap. 163B); “premises”, in relation to a private education institution (whether registered or unregistered) or a proposed private education institution, means any building, enclosure, ground, open-air space or other place used or to be used by the private education institution or proposed private education institution in connection with the provision of private education; “prescribed dispute resolution scheme” means a dispute resolution scheme that is prescribed under section 64; “private education” has the meaning given to it in the First Schedule; “private education institution” means — (a) any person that offers to provide or provides private education whether in Singapore or elsewhere, whether or not the person offers to provide or provides the private education — (i) for profit; (ii) together with other education; or (iii) by itself or in association or collaboration with or by affiliation with any other person; and [Act 24 of 2016 wef 03/10/2016] (b) such school registered under the Education Act (Cap. 87) which receives a grant-in-aid or subvention extended by the Government to aided schools as is specified by the Minister in a notification published in the Gazette, but does not include any private education institution that the Minister declares, by notification in the Gazette, to be excluded from this definition, after having regard to the association, collaboration with or affiliation of the private education institution with any school registered under the Education Act; “registered private education institution” means any private education institution that is registered under Part III; “registered society” means a society registered or deemed to be registered under the Societies Act (Cap. 311); “renovation works” means any structural or non-structural additions and alterations carried out to any premises, but does not include repairs and maintenance works; “Scheme” means a voluntary accreditation or certification scheme established or maintained under section 49(1); “student”, in relation to an education institution, means a person who receives, or is enrolled in the education institution to receive, education offered or provided by the education institution; “teacher” means a person who teaches students of an education institution, or who prepares or issues lessons or corrects written answers; “unregistered private education institution” means any private education institution that is not, or that ceases to be, a registered private education institution, but does not include an education institution which is exempted under section 68 from registration under Part III.
The Agency is responsible for the administration and enforcement of this Act. [Act 24 of 2016 wef 04/10/2016]
(a) to register persons who provide or offer to provide private education in Singapore or elsewhere, and to assess and reassess them from time to time; (b) to otherwise regulate persons who offer or provide any service relating, directly or indirectly, to private education; (c) to promote and facilitate the development of the private education sector in Singapore; (d) to establish or support accreditation or certification schemes and other measures to enhance the standards of the private education industry or the education industry in Singapore generally; (e) to facilitate the improvement of private education in Singapore of these courses; and (f) to facilitate public availability of meaningful and accurate information relating to — (i) registered private education institutions and persons regulated under this Act, including their compliance with the requirements of this Act; (ii) access of students or prospective students to dispute resolution processes; and (iii) the private education industry in Singapore.
(a) to the financial capability, and the adequacy and quality of the staffing and resources, of any registered private education institution to achieve the stated outcomes for the students who take the courses at the institution; (b) to ensuring that minimum standards are maintained by providers of private education that the Agency has registered; (c) to securing the availability of meaningful and accurate information to the public about — (i) courses offered by registered private education institutions and the conditions attaching to enrolment in the courses, to enable prospective students to make informed decisions about enrolling in the courses; and (ii) registered private education institutions and their compliance with the requirements of this Act; and (d) to ensuring access of students to timely and appropriate dispute resolution processes, in particular overseas students, having regard especially to their status as persons only temporarily in Singapore. [Act 24 of 2016 wef 04/10/2016]
Without prejudice to section 34 of the SkillsFuture Singapore Agency Act 2016, the Agency may appoint a committee, to be known as the Committee for Private Education, to which the Agency may delegate the exercise of any of its powers under this Act. [Act 24 of 2016 wef 04/10/2016]
(a) offer to provide or provide private education, whether in Singapore or elsewhere; or (b) award any degree, diploma or certificate (including any honorary degree or other distinctions) in respect of private education, whether offered or provided in Singapore or elsewhere, unless the person is a registered private education institution.
(a) the use of such force or assistance as may be necessary to remove therefrom any person who is in the premises in the possession or control of the unregistered private education institution; and (b) the sealing of all or any of the entrances to or exits from such premises. [Act 24 of 2016 wef 03/10/2016]
(a) shall be made by a manager of the private education institution (referred to in this section as the applicant) to the Agency in such form and manner, and within such time, as may be prescribed; [Act 24 of 2016 wef 03/10/2016] (b) shall be accompanied by the prescribed fee; and (c) may be accompanied by an application to the Agency for the waiver of any of the requirements imposed under this Act for the registration of private education institutions or the renewal thereof. [Act 24 of 2016 wef 03/10/2016]
(a) the application shall be deemed to have been withdrawn; and (b) where the application is accompanied by an application for the waiver of any of the requirements imposed under this Act for the registration of private education institutions or the renewal thereof, the application for waiver shall also be deemed to have been withdrawn. [Act 24 of 2016 wef 03/10/2016]
(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.
(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. [Act 24 of 2016 wef 03/10/2016]
(a) the private education institution is not a company or a registered society; (b) the premises of the private education institution — (i) are or are likely to be unsuitable for providing private education; (ii) are unsanitary or unsuitable for providing private education, or are otherwise dangerous or unsafe; (iii) are to be 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, or all or more than half of the total number of the proposed teachers thereof — (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) in the application for the grant or renewal of the registration (as the case may be) of the private education institution, a statement has been made or information has been furnished which is false or misleading in a material particular or by reason of the omission of a material particular; (e) the private education institution or any manager thereof — (i) is contravening or has contravened this Act; (ii) has been convicted of any offence under this Act within a period of 5 years preceding the date of the application for the grant or renewal of the registration (as the case may be) of the private education institution; or (iii) has 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, within a period of 5 years preceding the date of the application for the grant or renewal of the registration (as the case may be) of the private education institution; (f) any manager or proposed manager of the private education institution is otherwise not a fit and proper person to carry on or manage the private education institution; (g) the Agency is of the view that the registration or renewal of registration (as the case may be) 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; or (h) the Agency is satisfied that the name of the private education institution, or the name of any premises or school of the private education institution (or any department or faculty thereof), or the name of any education offered to be provided or provided by the private education institution — (i) is likely to mislead members of the public as to the true character or purpose of the private education institution, premises, school or department or faculty thereof or education, as the case may be; (ii) is identical to or so nearly resembles the name of some other private education institution or other education institution, whether in Singapore or elsewhere, as is likely to deceive or confuse members of the public or students of either education institution; (iii) is undesirable or offensive; or (iv) is a name of a kind that the Minister has directed the Agency, by notification in the Gazette, not to accept for registration or is proscribed. [Act 24 of 2016 wef 03/10/2016]
(a) the Agency shall notify the private education institution and the managers thereof of its decision in writing; and (b) in the case where the registration of the private education institution is not renewed, the registration shall lapse accordingly. [Act 24 of 2016 wef 03/10/2016]
(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 Agency becomes aware of a circumstance that would have permitted the Agency to refuse to grant or renew the registration of the private education institution because of section 37, had the Agency 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 Agency 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 Agency issued under section 40; (j) the Agency 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 Agency 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. [Act 24 of 2016 wef 03/10/2016]
(a) which is referred to in section 37(1)(h); or (b) the use of which has been restrained by an injunction granted under the Trade Marks Act (Cap. 332). [Act 24 of 2016 wef 03/10/2016]
(a) to ensure the keeping of proper records, including records containing information on — (i) the administration of the courses offered or provided by the private education institution; (ii) the teachers deployed by the private education institution; (iii) the attendance of the students of the private education institution; and (iv) such particulars as may be prescribed about the private education institution’s administration and governance arrangements, financial viability, educational programmes and student welfare processes, resources and other matters; (b) to ensure that, in the event the provision of private education by the private education institution is about to cease, the Agency and each student and intending student of the private education institution are informed, in writing and in the time delimited as follows, of the cessation and of the necessary arrangements made by the private education institution for the student or intending student to be offered a place in another registered private education institution to complete the same or similar course at the private education institution’s expense or otherwise: (i) where the provision of private education by the private education institution must cease because the Agency refused to renew the registration of the private education institution under section 37 or the registration of the private education institution is suspended or cancelled, or the period of its registration is reduced, under section 38 — at least 14 days before the cessation or such other period as the Agency may allow in any particular case; or (ii) where the provision of private education by the private education institution must cease for any other reason — at least 30 days before the cessation; [Act 24 of 2016 wef 03/10/2016] (c) to obtain the permission of the Agency, in such form and manner as the Agency may require, before any renovation works are carried out to the premises of the private education institution or any part thereof or before relocating of the premises of the private education institution; [Act 24 of 2016 wef 03/10/2016] (d) to notify the Agency, in writing — (i) if there is any change in the ownership, control or management of the private education institution, of that change within 14 days after the date of the change; (ii) if any manager of the private education institution has been convicted of any offence punishable with imprisonment, of that conviction within 14 days after the date of conviction; or (iii) if any legal proceedings have been instituted against the private education institution, of the legal proceedings within 14 days after the date the private education institution is served with the originating process in such proceedings; [Act 24 of 2016 wef 03/10/2016] (e) to furnish such information or documents relating to the private education institution as may be required, from time to time, by the Agency within such time and in such manner as the Agency may specify; and [Act 24 of 2016 wef 03/10/2016] (f) to discharge such other duties as may be prescribed or as the Agency may, from time to time, by notice in writing impose in any particular case. [Act 24 of 2016 wef 03/10/2016]
(a) maintain — (i) a telephone number; (ii) a residential address; and (iii) an electronic mail address or a facsimile number, at which he may be contacted by the Agency in relation to any matter concerning the registered private education institution; [Act 24 of 2016 wef 03/10/2016] (b) upon the registration of the private education institution or his becoming a manager of the registered private education institution, notify the Agency of the contact information he is required to maintain under paragraph (a); and [Act 24 of 2016 wef 03/10/2016] (c) notify the Agency of any change in the contact information he is required to maintain under paragraph (a) within a period of 14 days after the date of the change. [Act 24 of 2016 wef 03/10/2016]
(a) to suspend or remove any person appointed as a manager of the registered private education institution if the Agency is satisfied that the manager — (i) is not a fit and proper person to carry on or manage the registered private education institution; or (ii) is unable to discharge the duties prescribed under section 41 or imposed on managers under this Act; or (b) to appoint such additional person as the Agency may approve to discharge the duties of the manager referred to in paragraph (a) for such period as the Agency considers necessary. [Act 24 of 2016 wef 03/10/2016]
(a) be made on behalf of the registered private education institution by a manager of the registered private education institution (referred to in this section as the applicant) to the Agency in such form and manner, and within such time, as may be prescribed; and (b) be accompanied by the prescribed fee. [Act 24 of 2016 wef 03/10/2016]
(a) add to, vary or revoke any term or condition of its permission granted under subsection (5); or (b) suspend or revoke its permission granted under subsection (5). [Act 24 of 2016 wef 03/10/2016]
(a) issues or publishes any advertisement of any course to be offered or provided by a registered private education institution, being a course which the Agency has not granted its permission under subsection (1); or [Act 24 of 2016 wef 03/10/2016] (b) solicits or receives any money from any student in respect of such a course, [Act 24 of 2016 wef 03/10/2016] shall be guilty of an offence.
(a) the person possesses such minimum qualifications and experience, and fulfils such other criteria, as may be prescribed; (b) a manager of the registered private education institution has notified the Agency, in such form and manner and within such time as may be prescribed, of the prescribed particulars of that person; and [Act 24 of 2016 wef 03/10/2016] (c) the notification referred to in paragraph (b) is accompanied by the prescribed fee.
(a) impose such requirements or restrictions relating to any teacher of a registered private education institution as it thinks fit to impose, including but not limited to requirements or restrictions relating to the subjects or classes that the teacher may teach; and (b) add to, vary or revoke any requirement or restriction imposed under paragraph (a). [Act 24 of 2016 wef 03/10/2016]
(a) any information in respect of the person furnished to the Agency under this Act is false or misleading in a material particular or by reason of the omission of a material particular; (b) the person does not possess the minimum qualifications or experience, or fulfil such other criteria, as may be prescribed under section 44(1)(a) or is otherwise not competent to teach the course; (c) the person has misconducted himself in his capacity as a teacher of the registered private education institution; (d) the person is contravening or has contravened this Act; or (e) the person is not a fit and proper person to teach in the registered private education institution. [Act 24 of 2016 wef 03/10/2016]
(a) “advertisement” includes an advertisement that is made available — (i) in a newspaper, magazine, journal or other periodical published or circulated in Singapore or elsewhere; (ii) in a sound or television broadcast transmitted for reception in Singapore or elsewhere; or (iii) by any other means of broadcasting or communication for circulation or reception in Singapore or elsewhere; and (b) an advertisement relating to a private education institution shall be presumed, unless the contrary is proved, to be false or misleading in a material particular if the advertisement — (i) falsely describes the private education institution; (ii) contains any false or misleading information concerning the private education institution or any course offered or provided by the private education institution; or (iii) does not contain such information, or is not in accordance with such requirements, as may be prescribed.
(a) take all practicable steps to withdraw the advertisement; (b) modify the advertisement in such manner as may be specified or approved by the Agency; (c) cease the issue or publication of any other advertisement which is wholly or substantially the same as the firstmentioned advertisement; (d) issue or publish, or cause to be issued or published, a corrective advertisement in such manner and containing such information as may be specified or approved by the Agency. [Act 24 of 2016 wef 03/10/2016]
(a) has breached any term or condition of its registration; or (b) has failed to comply with section 39(1) or 44(1), or such regulations as may be prescribed for the purpose of this section the breach of which is not an offence, the Agency may, in its discretion — (i) impose a financial penalty of such amount, not exceeding $5,000, as the Agency thinks fit; (ii) censure the private education institution; or (iii) order that the registration of the private education institution be subject to such terms or conditions as may be imposed by the Agency, whether in addition to or in substitution of the existing terms and conditions of its registration. [Act 24 of 2016 wef 03/10/2016]
(a) registered private education institutions; and (b) any class of other education institutions as the Agency may deem appropriate. [Act 24 of 2016 wef 03/10/2016]
(a) that members of the Scheme shall appoint a management representative to oversee the effective implementation and maintenance of the requirements under the Scheme; (b) that members of the Scheme shall provide all the necessary information and documents, including any declaration of conformity or accuracy of information, that the Agency may require from time to time; (c) that members of the Scheme shall facilitate and provide reasonable assistance to the assessors appointed by the Agency, including but not limited to making available information to the assessors and ensuring the safety of assessors during site visits to the premises of the members; (d) that members of the Scheme shall pay such fees as may be imposed in respect of their application to be members of the Scheme or their continued association with the Scheme; (e) that members of the Scheme shall comply with such codes of conduct or guidelines relating to quality or standards as may be stipulated by the Agency from time to time; (f) that members of the Scheme shall enter into such student fee protection scheme as the Agency may designate for the purposes of the Scheme and abide by the terms and conditions of such student fee protection scheme; (g) that members of the Scheme shall ensure information relating to them, and such other information as may be stipulated by the Agency, are available in a publicly accessible manner; (h) that members of the Scheme shall allow the Agency to publicise the list of members of the Scheme or a list of those that have been withdrawn, or have been suspended or removed, from the Scheme. [Act 24 of 2016 wef 03/10/2016]
(a) may be used for or in relation to investigating or prosecuting any person for an offence under any written law; or (b) may be used or published in the form of research findings, comparison studies, banding of comparable education institutions, or in any other form or manner or for such purposes as the Agency may determine. [Act 24 of 2016 wef 03/10/2016] [Act 24 of 2016 wef 03/10/2016]
(a) the Government, any statutory authority constituted by or under any written law for a public purpose, or any entity owned or controlled by the Government or such statutory authority; or (b) such other persons as may be prescribed.
(a) may be granted subject to such terms and conditions as the Agency may specify; and (b) may be revoked at any time by the Agency by notice in writing. [Act 24 of 2016 wef 03/10/2016]
(a) to take evidence on oath; (b) to summon any person to attend any hearing of the Appeals Board to give evidence or produce any document or other article in his possession, except that no person shall be bound to answer any question or produce any document in respect of any matter which would have been protected from disclosure on the ground of privilege if the proceedings had been held in any court; (c) to order an inspection of the premises of any private education institution; and (d) to enter and view the premises of any private education institution.
(a) any decision of the Agency — (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 imposing any term or condition when granting such permission; [Act 24 of 2016 wef 03/10/2016] (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; [Act 24 of 2016 wef 03/10/2016] (b) any direction of the Agency under section 34(6), 42, 45, 47, 59 or 60; [Act 24 of 2016 wef 03/10/2016] (c) any requisition for particulars or information under section 62; or (d) any decision of the Agency under section 64(3), [Act 24 of 2016 wef 03/10/2016] (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.
(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 Agency to review its appealable decision to which the appeal relates, [Act 24 of 2016 wef 03/10/2016] and the decision of the Appeals Board shall be final.
(a) any written direction of the Agency 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 [Act 24 of 2016 wef 03/10/2016] (b) any other appealable decision of the Agency that is prescribed under section 55 as a suspended appealable decision. [Act 24 of 2016 wef 03/10/2016]
(a) his holding of any office; (b) his interest in any contract; (c) his possession or ownership of any property; (d) any direct or indirect relationship with a private education institution or any other person regulated under this Act; or (e) his connection or association with any trade or consumer body.
(a) the time within which an appeal to the Appeals Board may be lodged; (b) the form and manner in which an appeal to the Appeals Board shall be lodged; (c) the fees to be paid in respect of any appeal lodged with the Appeals Board; (d) the records to be kept by the Appeals Board; and (e) all matters and things which are required or permitted to be prescribed or which are necessary or expedient to give effect to any provision of this Part.
(a) examine any book, document, material or article as he may consider necessary and remove or make copies of it for further examination; (b) require any person, whether a manager, teacher or student of the registered private education institution or otherwise, to be present before an inspector or any officer of the Agency and — (i) to produce for inspection any book, document, material or article which is in the possession or under the custody of that person, which the inspector or an officer of the Agency may remove or make copies of for further examination; or (ii) to furnish any information which is within the power of the person to furnish relating to the control or management of the registered private education institution, to the teaching carried on in the registered private education institution, to the student activities of the registered private education institution or to such other matter as the inspector may specify; or [Act 24 of 2016 wef 03/10/2016] (c) do anything that is necessary or expedient for the carrying out of the inspection.
(a) at reasonable hours, enter any premises or part thereof (whether or not in the possession or control of a registered private education institution) when he has reasonable cause to believe that evidence of the commission of an offence under this Act can be found therein, and search for and seize and remove any book, document, material or article or make copies thereof as he may consider necessary; (b) require any person whom he reasonably believes to have committed the offence to furnish evidence of his identity; (c) require, by order in writing, the attendance before him of any person within the limits of Singapore who, from any information given or otherwise obtained by the inspector, appears to be acquainted with the facts or circumstances of the case; (d) examine orally any person reasonably believed to be acquainted with the facts or circumstances of the case or with such other matter as the inspector may specify, and reduce into writing the answer given or statement made by that person; (e) require any person to furnish any information or produce any book, document or copy thereof in the possession of that person, and inspect, copy, make extracts from or seize and remove such book or document; and (f) take such photographs or video recording, as the inspector thinks necessary, of the premises and persons reasonably believed to be acquainted with the facts or circumstances of the case or with such other matter as the inspector may specify.
(a) any provision of this Act has not been complied with by or in relation to any registered private education institution; or (b) any registered private education institution is not being efficiently or properly administered, the Agency may, by notice in writing addressed to the managers of the registered private education institution, direct them to take such measures and within such time as may be specified in the notice in order that the provision of this Act may be complied with or the registered private education institution may be efficiently or properly administered (as the case may be). [Act 24 of 2016 wef 03/10/2016]
(a) the course does not start on the agreed starting day; (b) the course ceases to be provided at any time after it starts but before it is completed; or (c) the course is not provided in full to the student or intending student because of the Agency refusing to renew the registration of the private education institution under section 37 or the Agency suspending, cancelling or reducing the period of registration of the private education institution under section 38, [Act 24 of 2016 wef 03/10/2016] and the student or intending student has not withdrawn from the private education institution before the default day.
(a) refund each student or intending student, within such time as may be specified in the direction, the whole or such part as the Agency deems equitable of the course money the registered private education institution or former registered private education institution, as the case may be, received in respect of the student or intending student before the default day; (b) make arrangements for each student or intending student of the registered private education institution or former registered private education institution, as the case may be, to be offered a place in another registered private education institution to complete the same or a similar course, at the private education institution’s expense or otherwise, and notify the student or intending student accordingly — (i) where the provision of the course by the private education institution must cease because the Agency refused to renew the registration of the private education institution under section 37 or the registration of the private education institution is suspended or cancelled, or the period of its registration is reduced, under section 38 — at least 14 days before it ceases to provide the course or such other period as the Agency may allow in any particular case; or (ii) where the provision of private education by the private education institution must cease for any other reason — at least 30 days before it ceases to provide the course. [Act 24 of 2016 wef 03/10/2016]
“agreed starting day”, in relation to a course offered or provided by a private education institution, means the day on which the course was scheduled to start; “default day” means — (a) the agreed starting day, if subsection (1)(a) applies; or (b) the day on which the course ceases to be provided if subsection (1)(b) or (c) applies.
(a) in relation to any application under this Act or any notification under section 44(1) — (i) makes any false statement which he knows to be false or does not believe to be true or which he makes recklessly; or (ii) intentionally suppresses any material fact; (b) neglects or refuses to produce any book, document, material or article or to furnish any information, neglects or refuses to attend before an inspector as required, furnishes any book, document, material or information which is false in a material particular and which he knows to be false or does not believe to be true, or, by the intentional suppression of any material fact, furnishes information which is misleading, under section 57 or 58; (c) obstructs or impedes the Agency, any officer of the Agency or any inspector lawfully carrying out any function or duty in the exercise of any power conferred by or under this Act; or [Act 24 of 2016 wef 03/10/2016] (d) being summoned to attend at a hearing of the Appeals Board to give evidence or produce any document or other article, without reasonable excuse refuses or neglects to do so or refuses to answer any questions put to him by or with the concurrence of the Appeals Board, or otherwise hinders, obstructs or deceives the Appeals Board in the exercise of its powers under this Act, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
(a) specify the form in which and the time within which the particulars or information are to be furnished; (b) require the particulars or information to be furnished periodically at or within such time or times and in such form or forms as are specified in the requisition; and (c) specify the place or manner at or in which the particulars or information are to be delivered. [Act 24 of 2016 wef 03/10/2016]
(a) registered private education institutions or any class thereof, and such other persons as may be prescribed; (b) courses offered or provided, or to be offered or provided, by any persons or class of persons referred to in paragraph (a); or (c) such other information relating to private education generally or to any Scheme as the Agency may determine. [Act 24 of 2016 wef 03/10/2016]
(a) to require registered private education institutions or any class thereof to participate in such prescribed dispute resolution schemes and to comply with such terms and conditions of the scheme as may be prescribed; (b) to prescribe a list of approved dispute resolution centres under each prescribed dispute resolution scheme; and (c) generally to give effect to this section.
(a) impose a financial penalty of such amount, not exceeding $5,000, as the Agency thinks fit; (b) censure the private education institution, if it thinks it necessary in the public interest or for the protection of the public or any section of the public; (c) order that the registration of the private education institution be subject to such terms or conditions as may be imposed by the Agency, whether in addition to or in substitution of the existing terms and conditions of its registration. [Act 24 of 2016 wef 03/10/2016]
Notwithstanding any provision to the contrary in the Criminal Procedure Code 2010 (Act 15 of 2010), a District Court shall have jurisdiction to try any offence under this Act and shall have power to impose the full penalty or punishment in respect of the offence.
(a) to have been committed with the consent or connivance of an officer; or (b) to be attributable to any neglect on his part, the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(a) to have been committed with the consent or connivance of a partner; or (b) to be attributable to any neglect on his part, the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(a) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or (b) to be attributable to any neglect on the part of such officer or member, the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(a) in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or (b) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of such a committee and includes any person purporting to act in any such capacity.
(a) one half of the amount of the maximum fine that is prescribed for the offence; or (b) $5,000, whichever is the lower.
The Minister may, by order published in the Gazette, exempt any person or any class of persons, courses or advertisements from any provision of this Act, subject to such terms or conditions as may be prescribed.
(a) in the case of an individual — (i) by delivering it to the individual personally; (ii) by leaving it with an adult person apparently resident at, or by sending it by pre-paid registered post to, the usual or last known address of the place of residence of the individual; (iii) by leaving it with an adult person apparently employed at, or by sending it by pre-paid registered post to, the usual or last known address of the place of business of the individual; (iv) by affixing a copy of the notice in a conspicuous place at the usual or last known address of residence or business of the individual; or (v) by sending it by facsimile transmission to the facsimile number operated at the usual or last known address of the place of residence or business of the individual, or the last facsimile number given to the Agency by the individual as the facsimile number for the service of documents on the individual; [Act 24 of 2016 wef 03/10/2016] (b) in the case of a partnership other than a limited liability partnership — (i) by delivering it to any one of the partners or the secretary or other like officer of the partnership; (ii) by leaving it at, or by sending it by pre-paid registered post to, the principal or last known place of business of the partnership in Singapore; or (iii) by sending it by facsimile transmission to the facsimile number operated at the principal or last known place of business of the partnership in Singapore; and (c) in the case of any limited liability partnership or any other body corporate — (i) by delivering it to the secretary or other like officer of the body corporate or, in the case of a limited liability partnership, the manager thereof; (ii) by leaving it at, or by sending it by pre-paid registered post to, the registered office or principal office of the limited liability partnership or body corporate in Singapore; or (iii) by sending it by facsimile transmission to the facsimile number operated at the registered office or principal office of the limited liability partnership or body corporate in Singapore.
(a) may be served by delivering it or a true copy thereof to some adult person on the premises or, if there is no such person on the premises to whom it can with reasonable diligence be delivered, by affixing the notice, order, direction or document to some conspicuous part of the premises; and (b) shall be deemed to be properly addressed if addressed by the description of the owner or occupier of the premises without further name or description.
(a) may be served by delivering it or a true copy thereof to some adult person on the premises of the private education institution or, if there is no such person on the premises to whom it can with reasonable diligence be delivered, by affixing the notice, order, direction or document to some conspicuous part of the premises; and (b) shall be deemed to be properly addressed if addressed by the description of the manager or managers of the registered private education institution without further name or description.
(a) the forms to be used and the information to be furnished in, or the documents to be furnished with, any application and the forms to be used for any other purpose under this Act; (b) the fees and charges payable under this Act, including the interest or penalty for the late payment of any fee or charge, and the waiver, refund or remission, whether wholly or in part, of such fees and charges; (c) the requirements and restrictions on the names of private education institutions or the names of any premises or school (or any department or faculty thereof) of or education provided by private education institutions, and the use or display of such names; (d) the premises of private education institutions, including but not limited to — (i) the requirements for office or administrative areas; (ii) the number, type and size of classrooms; (iii) the facilities and equipment to be provided; (iv) the signage in or around the premises; (v) the use of the premises; and (vi) the restrictions on the sharing of premises with other persons; (e) the form and manner of the keeping of registers or records under this Act, the inspection thereof, the taking of extracts therefrom, the supply of copies thereof, and the returns to be made to the Agency including financial records; [Act 24 of 2016 wef 03/10/2016] (f) the publication of information by private education institutions, in such form and manner as may be prescribed, relating to the premises, teachers and courses of the private education institutions, including but not limited to course money, course schedules, examination schedules, course particulars and programme modules; [Act 24 of 2016 wef 03/10/2016] (g) the administration of courses offered or provided by registered private education institutions, including but not limited to the requirements relating to the names of courses, course programme duration, enrolment of students, the form and content of the agreements or contracts to be entered into with students, and the establishment of boards, committees or other similar bodies to oversee academic, examination or administrative structures and processes; (h) the deployment of teachers by registered private education institutions; (i) the use of advertisements by or on behalf of a private education institution, or any solicitation or canvassing for business by or on behalf of a private education institution; (j) the use of any accreditation, certification or inspection mark of the Agency; [Act 24 of 2016 wef 03/10/2016] (k) the regulation of persons who provide any service relating, whether directly or indirectly, to the provision of private education, including the application, with such modifications as may be prescribed, of the provisions of this Act to such persons; (l) the offences which may be compounded under section 67; (m) to prescribe all matters and things which by this Act are required or permitted to be prescribed or which are necessary or expedient to be prescribed to give effect to this Act.
(a) may relate to all or any class or description of private education institutions; (b) may make different provisions for different classes or descriptions of private education institutions; (c) may provide that a contravention of any specified provision thereof shall be an offence; and (d) other than regulations prescribed for the purpose of section 48, may provide for penalties not exceeding a fine of $10,000 or imprisonment for a term not exceeding 12 months or both for each offence and, in the case of a continuing offence, a further penalty not exceeding a fine of $1,000 for that offence for every day or part thereof during which the offence continues after conviction.
(a) the Government or any entity owned or controlled by the Government and the teachers of a Government school; (b) the Institute of Technical Education, Singapore established under the Institute of Technical Education Act (Cap. 141A) or any company owned (wholly or partly) by or any undertaking of the Institute of Technical Education, Singapore and their respective teachers; (c) the following Polytechnics or undertakings and their respective teachers: (i) the Nanyang Polytechnic established under the Nanyang Polytechnic Act (Cap. 191A); (ii) the Ngee Ann Polytechnic established under the Ngee Ann Polytechnic Act (Cap. 207); (iii) the Republic Polytechnic established under the Republic Polytechnic Act (Cap. 270); (iv) the Singapore Polytechnic established under the Singapore Polytechnic Act (Cap. 303); (v) the Temasek Polytechnic established under the Temasek Polytechnic Act (Cap. 323A); and (vi) any company that is owned (wholly or partly) by any such Polytechnic referred to in sub-paragraphs (i) to (v); (d) any other body that is established or constituted by or under a public Act and that has a public function, or any entity owned (wholly or partly) or controlled by such a body, offering to provide or providing any education, and its teachers; (e) the organisation, committee of management, managers and teachers of any school registered under the Education Act (Cap. 87) and which receives a grant-in-aid or subvention extended by the Government to aided schools within the meaning of that Act unless the organisation is specified in a notification made under the definition of “private education institution” in section 2; (f) the organisation, committee of management, managers and teachers at any special education school for students with physical or intellectual disabilities which is registered under the Education Act and which receives a subvention extended by the Government; (g) the organisation, committee of management, managers and teachers of any education institution providing education in accordance with religious beliefs and principles and no other education, including any school exempted under section 3 of the Education Act and any Muslim religious school referred to in section 87(1) of the Administration of Muslim Law Act (Cap. 3); (h) the governing board constituted for any school under the School Boards (Incorporation) Act (Cap. 284A), its governors and the teachers of such a school; (i) the Nanyang Technological University, the National University of Singapore, the Singapore Management University, the Singapore University of Technology and Design, the Singapore Institute of Technology, the Singapore University of Social Sciences and any other person whose function of providing university education is determined by written law, any entity owned (wholly or partly) or controlled by any such University or person, and the teachers of the respective Universities and entities; and (j) any place of safety or juvenile rehabilitation centre approved, appointed or established under the Children and Young Persons Act (Cap. 38) or any approved institution approved under section 12 of the Probation of Offenders Act (Cap. 252), respectively, and the respective managers thereof. [Act 19 of 2017 wef 02/01/2019]
(a) offering to provide or providing private education, whether in Singapore or elsewhere; or (b) awarding any degree, diploma or certificate (including any honorary degree or other distinction) in respect of private education, whether offered or provided in Singapore or elsewhere, (referred to in this section as an existing regulated private education institution) shall be deemed to be registered as a private education institution for a period of 18 months from that date, subject to the same conditions of its registration as a school under the Education Act (if applicable) to the extent that those conditions are not inconsistent with the provisions of this Act.
(a) offering to provide or providing private education, whether in Singapore or elsewhere; or (b) awarding any degree, diploma or certificate (including any honorary degree or other distinction) in respect of private education, whether offered or provided in Singapore or elsewhere, shall be entitled to continue doing so for a period of 2 months from that date, and if before the expiry of that period the person applies for registration under that Part, that person shall be entitled to continue carrying on doing so until — (i) the date on which the person is registered as a private education institution under Part III; or (ii) the application for registration under that Part is refused or withdrawn.
“contract of service” has the same meaning as in section 2 of the Employment Act (Cap. 91); “employee” means a person who has entered into or works under a contract of service with an employer; “employer” has the same meaning as in section 2 of the Employment Act; “full-time”, in relation to the provision of education, means the provision of education of a duration of at least one month and that is conducted for 5 days of a week for at least 3 hours each day; “post-secondary education” means education normally for a person who is 16 years of age or above; [Act 16 of 2016 wef 10/06/2016] “primary or secondary education” means education normally for a child who is above the age of 6 years and below the age of 18 years.
(a) education leading to the award of a diploma or degree; (b) full-time post-secondary education leading to the award of a certificate; (c) full-time primary or secondary education wholly or substantially in accordance with a foreign or international curriculum; (d) full-time special education for students with physical or intellectual disabilities; (e) full-time education for the purpose of preparing students for any examination that — (i) leads to a qualification awarded by any person other than the person which provides such full-time education; or (ii) entitles the students to be admitted to an education institution.
(a) any apprenticeship whereby an employer undertakes to employ a person and to train the person, or have the person trained, systematically for a trade or vocation; or (b) any education provided by any employer exclusively for his employees.
[Deleted by Act 24 of 2016 wef 03/10/2016]
[Deleted by Act 24 of 2016 wef 03/10/2016]
This Legislative History is provided for the convenience of users of the Private Education Act. It is not part of the Act.
Date of First Reading : 18 August 2009 (Bill No. 15/2009 published on 18 August 2009) Date of Second and Third Readings : 14 September 2009 Date of commencement : 1 December 2009 (except Parts III to VII)
Date of First Reading : 18 August 2009 (Bill No. 15/2009 published on 18 August 2009) Date of Second and Third Readings : 14 September 2009 Date of commencement : 21 December 2009 (Parts III to VII)
(Consequential amendments made to Act by) Date of First Reading : 22 November 2010 (Bill No. 35/2010 published on 22 November 2010) Date of Second and Third Readings : 10 January 2011 Date of commencement : 20 July 2011
(Consequential amendments made to Act by) Date of First Reading : 1 March 2011 (Bill No. 9/2011 published on 2 March 2011) Date of Second and Third Readings : 11 April 2011 Date of commencement : 18 October 2011
Date of operation : 31 December 2011
(Consequential amendments made to Act by) Date of First Reading : 20 January 2014 (Bill No. 7/2014 published on 20 January 2014) Date of Second and Third Readings : 17 February 2014 Date of commencement : 28 March 2014
Date of First Reading : 14 April 2016 (Bill No. 15/2016 published on 14 April 2016) Date of Second and Third Readings : 9 May 2016 Date of commencement : 10 June 2016
Date of First Reading : 11 July 2016 (Bill No. 24/2016 published on 11 July 2016) Date of Second and Third Readings : 16 August 2016 Date of commencement : 3 October 2016
Date of First Reading : 11 July 2016 (Bill No. 24/2016 published on 11 July 2016) Date of Second and Third Readings : 16 August 2016 Date of commencement : 4 October 2016
Date of First Reading : 3 April 2017 (Bill No. 24/2017 published on 3 April 2017) Date of Second and Third Readings : 8 May 2017 Date of commencement : 11 July 2017
Date of First Reading : 6 February 2017 (Bill No. 7/2017 published on 6 February 2017) Date of Second and Third Readings : 28 February 2017 Date of commencement : 2 January 2019
The following provisions in the Private Education Act 2009 (Act 21 of 2009) have been renumbered by the Law Revision Commissioners in this 2011 Revised Edition. This Comparative Table is provided for the convenience of users. It is not part of the Private Education Act.
