Private Schools Fees (Control) Regulations, 1982

L.N. 67 of 1982

SUPPLIES AND SERVICES ACT, 1947

(ACT NO. IV OF 1947)

Private Schools Fees (Control) Regulations, 1982

IN exercise of the powers conferred by section 3 of the Supplies

and Services Act, 1947, the Deputy Prime Minister and Minister of

Economic Development has made the following regu1ations: -

l. These regulations may be cited as the Private Schools Fees

(Control) Regulations, 1982.

Dawn ir-regolamenti jistgħu jissejħu r-Regolamenti ta' 1-1982 Titolu.

dwar il-Kontroll ta' Miżati fi Skejjel Privati .

In these regulations, unless the context otherwise requires -

"school" has the same meaning assigned to it by the Education

Act, 1974;

"school fees" means a charge in respect of any education or

instruction imparted in a school or attendance therein, and inc1udes

any charge or remuneration in respect of any library, laboratory or

sports facility available in the school, and "fees" shall be construed

accordingly.

No per son shall, in respect of a private school, charge or

receive school fees in excess of the amount which may from time to

tinie be prescribed by the Minister by order in the Gazette

Provided that if no such order is in force the amount which

may be so charged or received shall not exceed the amount (in which

shall not be inc1uded any donation or contribution) charged in such

school by way of fees on the 16th day of November, 1982.

N 0 person shall charge for the transport of pupi1s to and from

a private school any amount in excess of the 1esser of the amounts of

the rate payable in like circumstanccs for the transport of school child-

ren receiving instruction or education in Government schools and of the

rate payab1e by the person liab1e to school fees on the 16th day of

November, 1982.

(1) Any person who acts in contravention of or fails to

comp1y with any provision of the se regulations shall be guilty of an

offence against these regu1ations and shall be 1iable -

(a) on a first conviction, to a fine (multa) of not less than

fifty pounds but not exceeding two hundred and fifty pounds;

(b) on a second conviction, to a fine (multa) of not 1ess than

one hundred pounds but not exceeding five hundred pounds so-

however that if the second offence is committed within twelve

months from the first conviction the offender shall be liable to the

pena1ty contained in sub-paragraph (c) of this paragraph;

(c) on a further conviction, to a fine (multa) of one thousand

pounds and the Court may, and if requested by the Prosecution,

sha11, in addition sentence the offender to imprisonment for a term

of not 1ess than ten days and not exceeding six months.

(2) In addition to the punishment 1aid down in sub-paragraph

(c) of paragraph (l) of this regulation the Court sha11. on the demand

of the Prosecution. in the case of a third or further conviction order the

suspension or cancellation of any licence held by the private school to

which the offence relates.

(3) Offences against these regulations shall be deemed to be

contra ventions.

(4) The provisions of the Probation of Offenders Act, 1957,

shall not be applicable in respect of any offence against the provisions

of these regulations.

For the purposes of these regulations, any remuneration or

other consideration and any donation or contribution given or promised

after the coming into force of these regulations by or on behalf of a

person liable to school fees, shall be taken into account in establishing

the amount charged or received by way of school fees.

The head of the private school, the person whose name appears

on the licence issued or deemed to be issued in accordance with the pro-

visions of the Education Act, 1974, and every person having part in the

direction, administration or control of the private school shall take all

such steps as are required to ensure full compliance with the provisions

of these regulations.

Where any contra vention of any provision of these regulations

may be attributed to any employee of the private school or in the

exercise of any act or function authorised or permitted in virtue of that

employment. the head of the private school or other person rnentioned

in regulation 7 shall also be guilty of that offence unless he proves that

he took all reasonable steps to prevent its commission.

tat-Tagħrif

Ippubblikat mit.Taqsima

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Kastilja -

]>ub/islred by fir e Informatioll Divisioll -

Kastilja

Mitbugħ

f1-Istamperij'l tal-Gvern -

p,.inted af tlr e Govemmellt PrillUllg p,.ess