The National Education System & the Classification of Educational Institutions

Registration as the main means of control

The Act requires all educational institutions to be registered under the Act (s. 79). The term “educational institution” is broadly defined in the Education Act as a school or any other place where, in the carrying on of the work of an organization or institution, persons are habitually taught, whether in one or more classes, and includes a kindergarten and a distance education centre but does not include—

  1. any place where the teaching is confined exclusively to the teaching of any religion; or
  2. any place declared by the Minister by notification in the Gazette not to be an educational institution for the purposes of this Act.

The Act provides for the closure of any education institution that is not registered under the Act or is being used in contravention of any conditions imposed by the Minister of Education (s. 102). However, as mentioned earlier, (see heading Ministry of Education above) the powers of the Minister of Education may not extend to educational institutions established by specific legislation. When an institution that is registered under the Education Act 1996 is reestablished through a special Act of Parliament, the registration under the Education Act 1996 may be revoked by the latter statute.