Contents of Section

Chapter:

279 PDFTitle:EDUCATION ORDINANCEGazette Number:27 of 2004
Section:22Heading:Grounds for cancellation of registration or provisional registration of schoolVersion Date:01/01/2005

(1) The Permanent Secretary may cancel the registration or provisional registration of a school- (Amended 3 of 2003 s. 7)

        (a) on any ground specified in section 14(1)(b), (c), (d), (g), (i), (j), (k), (l), (n) or (p) on which he would have been entitled to refuse registration of a school, whether or not such ground existed at the time when the school was registered or provisionally registered; (Amended 42 of 1993 s. 11)
        (b) if any manager of the school has committed an offence against this Ordinance subsequent to the registration or provisional registration of the school;
        (c) if it appears to the Permanent Secretary that the school has ceased to exist, or that for a continuous period of not less than one school term the school has ceased to operate;
        (ca) upon the written application of the supervisor, if the registration or provisional registration of the school, not being an aided school or a DSS school, was effected-
          (i) before the commencement* of section 3 of the Education (Miscellaneous Amendments) Ordinance 2004 (1 of 2004); and
          (ii) under section 10(2) in respect of evening instruction; (Added 1 of 2004 s. 4)
        (d) if a direction given in a notice served under section 82(2) has not been complied with; (Amended 27 of 2004 s. 8)
        (e) if it appears to the Permanent Secretary that the school is not being managed satisfactorily, or that the education of the pupils is not being promoted in a proper manner; (Amended 27 of 2004 s. 8)
        (f) if, in the case of a school which is operated in or in any part of any premises which, in the opinion of the competent authority for the purposes of section 12, are unsuitable for use for the purposes of a school having regard to the loading for which the premises or the part of the premises are designed and constructed, the Permanent Secretary has received a report from an authorized architect that the premises in or in part of which the school is operated are not in sound structural condition;
        (g) if in respect of the school any provision specified in a notice under section 21(2) or (3) has not been made- (Amended 6 of 1985 s. 4)
          (i) within 2 months of the date of service of the notice; or
          (ii) before the commencement of the school term next following the date of service of the notice,
          whichever is the earlier, or within such further period as the Permanent Secretary may permit;
        (h) if, under section 21(1), the Permanent Secretary has received a notice from the Director of Fire Services stating that, in the latter's opinion, no provision can be made by the school to eliminate any undue risk of fire; (Replaced 6 of 1985 s. 4)
        (ha) if, under section 21(1A), the Permanent Secretary has received a notice from the Building Authority stating that, in the latter's opinion, no provision can be made by the school to ensure that in the event of fire in the premises in or in any part of which the school is operated the means of escape for all the persons in the premises (including the persons in the school premises) will be adequate; (Added 6 of 1985 s. 4)
        (i) if the school is operated in any name other than the name in which it is registered or provisionally registered; or
        (j) if it appears to the Permanent Secretary that any provision of this Ordinance is being or has been contravened in respect of the school. (Amended 3 of 2003 s. 7)
(2) The Permanent Secretary shall cancel the registration or provisional registration of a school if- (Amended 3 of 2003 s. 7)
        (a) the registration of every manager of the school is cancelled; and
        (b) no manager of the school is permitted under section 66 to continue to act as a manager of the school.
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Note:
* Commencement date: 1 April 2004.