CONTROL OF PRIVATE SCHOOLS FEES REGULATIONS

CONTROL OF PRIVATE SCHOOLS FEES

SUBSIDIARY LEGISLATION 117.25

CONTROL OF PRIVATE SCHOOLS FEES

REGULATIONS

10th December, 1982

LEGAL NOTICE 67 of 1982, as amended by Legal Notice 409 of 2007

and Act XXIX of 2019.

The title of these regulations is the Control of Private

Schools Fees Regulations.

In

these

regulations,

unless

the

context

otherwise

requires -

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

Act;

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

instruction imparted in a school or attendance therein, and includes

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

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

accordingly.

No person shall, in respect of a private school, charge or

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

time 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 included any donation or contribution) charged

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

No person shall charge for the transport of pupils to and

from a private school any amount in excess of the lesser of the

amounts of the rate payable in like circumstances for the transport

of schoolchildren receiving instruction or education in Government

schools and of the rate payable by the person liable to school fees

on the 16th day of November, 1982.

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

comply with any provision of these regulations shall be guilty of an

offence against these regulations and shall be liable -

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

one hundred and sixteen euros and forty-seven cents

(116.47) but not exceeding five hundred and eighty-

two euros and thirty-four cents (582.34);

(b) on a second conviction, to a fine (multa) of not less

than two hundred and thirty-two euros and ninety-four

cents (232.94) but not exceeding one thousand and one

hundred and sixty-four euros and sixty-nine cents

(1,164.69) sohowever that if the second offence is

committed within twelve months from the first

conviction the offender shall be liable to the penalty

contained in paragraph (c);

CONTROL OF PRIVATE SCHOOLS FEES

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

thousand and three hundred and twenty-nine euros and

thirty-seven cents (2,329.37) and the court may, and if

requested by the prosecution, shall, in addition

sentence the offender to imprisonment for a term of

not less than ten days and not exceeding six months.

(2) In addition to the punishment laid down in sub-regulation

(1)(c) the Court shall, 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

contraventions.

(4) The provisions of the Probation Act 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 provisions of the Education Act, 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 contravention 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 mentioned in regulation 7 shall also be guilty of that offence

unless he proves that he took all reasonable steps to prevent its

commission.