Comparison View

Formal Consolidation |  2011 RevEd
Power to direct change of name
40.—(1)  Notwithstanding anything in this Act, the Council may direct a registered private education institution to change its name, or the name of any premises or school (or any department or faculty thereof) of or education provided by the private education institution, to such new name as the Council may approve under section 39 where the Council is satisfied that the private education institution has been registered (whether through inadvertence or otherwise and whether before, on or after the date of commencement of this section) by a name, or the name of the premises or school (or a department or faculty thereof) or education bears a name —
(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).
(2)  The registered private education institution to whom a direction under subsection (1) is given shall comply with the direction within a period of 6 weeks after the date of the direction, or such longer period as the Council may allow in any particular case, unless the direction is earlier annulled by the Minister.
(3)  Any registered private education institution which contravenes subsection (2) shall be guilty of an offence.
(4)  For the avoidance of doubt, the Council shall accept as correct any decision of the High Court to grant an injunction referred to in subsection (1)(b).
Informal Consolidation | Amended Act 40 of 2019
Power to direct change of name
40.—(1)  Notwithstanding anything in this Act, the Agency may direct a registered private education institution to change its name, or the name of any premises or school (or any department or faculty thereof) of or education provided by the private education institution, to such new name as the Agency may approve under section 39 where the Agency is satisfied that the private education institution has been registered (whether through inadvertence or otherwise and whether before, on or after the date of commencement of this section) by a name, or the name of the premises or school (or a department or faculty thereof) or education bears a name —
(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]
(2)  The registered private education institution to whom a direction under subsection (1) is given shall comply with the direction within a period of 6 weeks after the date of the direction, or such longer period as the Agency may allow in any particular case, unless the direction is earlier annulled by the Minister.
[Act 24 of 2016 wef 03/10/2016]
(3)  Any registered private education institution which contravenes subsection (2) shall be guilty of an offence.
(4)  For the avoidance of doubt, the Agency shall accept as correct any decision of the General Division of the High Court to grant an injunction referred to in subsection (1)(b).
[Act 24 of 2016 wef 03/10/2016]
[Act 40 of 2019 wef 02/01/2021]