Education Act 1989

Before its repeal, this Act was administered by: Ministry of Education
  • repealed
  • Education Act 1989: repealed, on 1 August 2020, by section 669(3)(b) of the Education and Training Act 2020 (2020 No 38).

Determination of application

Heading: inserted, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).

233 Grant or refusal of application

(1)

The Authority must grant an application for registration of a private training establishment if it is satisfied that—

(a)

every governing member of the establishment is a fit and proper person (after considering the criteria set out in section 233A); and

(b)

the establishment has in place effective arrangements for managing any conflicts of interest that exist or may arise; and

(c)

no governing member of the establishment has a material conflict of interest that the Authority considers is or is likely to be unmanageable; and

(d)

no governing member of the establishment has an interest of a kind described in section 232D(2)(c)(ii) that the Authority considers is or is likely to be unmanageable; and

(e)

the establishment has, or will at the relevant time have, adequate staff, equipment, and premises to provide its programmes or training schemes; and

(f)

the establishment,—

(i)

in the case of an establishment that is already operational, has acceptable financial management practices and performance (for example, is able to pay its staff, taxes, and creditors); and

(ii)

in the case of an establishment that is not yet operational, is likely to have acceptable financial management practices and performance (for example, is likely to be able to pay its staff, taxes, and creditors); and

(g)

the establishment complies, or is capable of complying and likely to comply, with the conditions of registration under section 233B; and

(h)

before accepting the enrolment of any prospective student, the establishment provides or will provide that student with a written statement of—

(i)

the total costs and other financial commitments associated with the programme or training scheme for which the student seeks enrolment; and

(ii)

any material conflicts of interest of any of the governing members of the establishment; and

(iii)

any interests of a kind described in section 232D(2)(c)(ii); and

(i)

in the case of an establishment that intends to enrol international students, the establishment will become a signatory to the code before enrolling any international students.

(2)

Registration may be granted without limitation as to time or for a specified period.

(3)

The grant of registration does not entitle the establishment or any of its students to receive financial assistance out of public money appropriated by Parliament.

(4)

The Authority may refuse to grant registration to a private training establishment or cancel the establishment’s registration (if already granted) if the Authority is satisfied that a governing member of the establishment has provided a false or misleading declaration under section 232D(2)(c).

(5)

The Authority must give written notice to a private training establishment—

(a)

when it grants, refuses to grant, or cancels registration; and

(b)

if it refuses or cancels registration, give reasons for doing so.

Section 233: replaced, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).

Section 233(1): amended, on 13 February 2015, by section 15(1) of the Education Amendment Act 2015 (2015 No 1).

Section 233(4): amended, on 13 February 2015, by section 15(2) of the Education Amendment Act 2015 (2015 No 1).

Section 233(5)(a): amended, on 13 February 2015, by section 15(3) of the Education Amendment Act 2015 (2015 No 1).

Section 233(5)(b): amended, on 13 February 2015, by section 15(3) of the Education Amendment Act 2015 (2015 No 1).