Comparison View

Formal Consolidation |  2011 RevEd
Power to direct course money refunds, etc.
60.—(1)  This section applies to a student or intending student of a private education institution in relation to a course offered or provided by the private education institution if —
(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 Council refusing to renew the registration of the private education institution under section 37 or the Council suspending, cancelling or reducing the period of registration of the private education institution under section 38,
and the student or intending student has not withdrawn from the private education institution before the default day.
(2)  Without prejudice to any other power vested in the Council under this Act, the Council may by written direction addressed to the managers of a registered private education institution for a course or, in the case where registration is cancelled, a former registered private education institution for a course, direct that the registered private education institution or former registered private education institution, as the case may be, do either or all of the following:
(a)refund each student or intending student, within such time as may be specified in the direction, the whole or such part as the Council 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 Council 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 Council 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.
(3)  Subsection (2) shall apply notwithstanding anything contained in the agreement or contract between the registered private education institution or former registered private education institution and the students or intending students concerned, and subject to subsection (4), the student or intending student concerned shall be entitled to recover the amount specified in the direction to refund under subsection (2) from the registered private education institution or former registered private education institution, as the case may be, as a civil debt in a court of competent jurisdiction.
(4)  The registered private education institution or former registered private education institution, as the case may be, shall be relieved of its liability to make a refund if the student or intending student accepts the offer under subsection (2)(b) to complete the same or a similar course at the private education institution’s expense.
(5)  Where any written direction issued by the Council under subsection (2) is not complied with, the private education institution and every manager of the private education institution to whom the direction is addressed shall each be guilty of an offence.
(6)  In addition to subsection (4), it shall be a defence for any person charged with an offence under subsection (5) to prove that he had a reasonable excuse for failing to comply with the written direction of the Council that is the subject of the offence.
(7)  Nothing in this section shall affect the operation of the Charities Act (Cap. 37), the Companies Act (Cap. 50), the Societies Act (Cap. 311) or any other written law relating to the winding up or dissolution of a private education institution.
(8)  In this section —
“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.
Informal Consolidation | Amended Act 40 of 2018
Power to direct course money refunds, etc.
60.—(1)  This section applies to a student or intending student of a private education institution in relation to a course offered or provided by the private education institution if —
(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.
(2)  Without prejudice to any other power vested in the Agency under this Act, the Agency may by written direction addressed to the managers of a registered private education institution for a course or, in the case where registration is cancelled, a former registered private education institution for a course, direct that the registered private education institution or former registered private education institution, as the case may be, do either or all of the following:
(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]
(3)  Subsection (2) shall apply notwithstanding anything contained in the agreement or contract between the registered private education institution or former registered private education institution and the students or intending students concerned, and subject to subsection (4), the student or intending student concerned shall be entitled to recover the amount specified in the direction to refund under subsection (2) from the registered private education institution or former registered private education institution, as the case may be, as a civil debt in a court of competent jurisdiction.
(4)  The registered private education institution or former registered private education institution, as the case may be, shall be relieved of its liability to make a refund if the student or intending student accepts the offer under subsection (2)(b) to complete the same or a similar course at the private education institution’s expense.
(5)  Where any written direction issued by the Agency under subsection (2) is not complied with, the private education institution and every manager of the private education institution to whom the direction is addressed shall each be guilty of an offence.
[Act 24 of 2016 wef 03/10/2016]
(6)  In addition to subsection (4), it shall be a defence for any person charged with an offence under subsection (5) to prove that he had a reasonable excuse for failing to comply with the written direction of the Agency that is the subject of the offence.
[Act 24 of 2016 wef 03/10/2016]
(7)  Nothing in this section shall affect the operation of the Charities Act (Cap. 37), the Insolvency, Restructuring and Dissolution Act 2018, the Societies Act (Cap. 311) or any other written law relating to the winding up or dissolution of a private education institution.
[Act 40 of 2018 wef 30/07/2020]
(8)  In this section —
“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.