Statute Details
- Title: Private Education (Exemption of Council for Private Education) Order 2010
- Act Code: PEA2009-S673-2010
- Legislation Type: Subsidiary Legislation (SL)
- Authorising Act: Private Education Act 2009 (Act 21 of 2009)
- Authorising Provision: Section 68 of the Private Education Act 2009
- Enacting Formula / Maker: Minister for Education
- Citation: Private Education (Exemption of Council for Private Education) Order 2010
- Deemed Commencement: 1 April 2010
- Status: Current version (as at 27 Mar 2026)
- SL Number: SL 673/2010
- Key Provisions: Section 1 (Citation and commencement); Section 2 (Exemption in relation to submission of annual financial statements)
What Is This Legislation About?
The Private Education (Exemption of Council for Private Education) Order 2010 is a narrow, targeted piece of subsidiary legislation. In essence, it provides a time-limited exemption for the Council for Private Education (“CPE”) from certain reporting obligations under the Private Education Act 2009—specifically, obligations relating to the submission of annual financial statements.
Under the Private Education Act 2009, the CPE is subject to governance and accountability requirements, including requirements set out in the Third Schedule. Those requirements are designed to ensure transparency over the Council’s finances, including how and when financial statements must be prepared, audited, and submitted to the relevant authority.
This Order recognises that the CPE’s first financial year did not align neatly with the standard reporting cycle. The Order therefore adjusts the timing and mechanics of financial reporting for that initial period, while still preserving accountability through conditions: the financial statements for the initial period must be incorporated into later audited accounts, and the Minister must receive audited information and a report on the Council’s financial position by specified deadlines.
What Are the Key Provisions?
Section 1: Citation and commencement is straightforward. It provides the formal name of the Order and states that it is deemed to have come into operation on 1 April 2010. This “deemed” commencement is legally significant because it clarifies that the exemption applies from that date, even though the Order is made later (the Order is “Made” on 25 October 2010).
Section 2: Exemption in relation to submission of annual financial statements is the core operative provision. It exempts the CPE from paragraphs 5 and 10 of the Third Schedule to the Private Education Act 2009, but only in respect of the CPE’s first financial year beginning on 1 December 2009 and ending on 31 March 2010.
In plain terms, the exemption means that for that first, short initial financial year, the CPE does not have to comply with the usual annual financial statement submission requirements in the same way or on the same schedule as would otherwise be required by the Third Schedule. However, the exemption is not unconditional. It is “subject to the following terms and conditions,” which preserve oversight and ensure that the Minister still receives audited financial information and a report on the Council’s financial position.
The conditions in Section 2 are the most important practical elements for lawyers advising on compliance:
(a) Incorporation into later financial statements and audit
The financial statements for the first financial year (1 December 2009 to 31 March 2010) must be incorporated into the financial statements for the financial year ending on 31 March 2011. Those later financial statements must then be submitted to the auditor for audit and report as soon as practicable after the close of the 31 March 2011 financial year. This condition effectively “rolls up” the initial period into the next full financial year, ensuring that the initial period is not left unaudited.
(b) Submission to the Minister of audited statements and auditor’s report
After audit, the CPE must send to the Minister a copy of the audited financial statements prepared in accordance with paragraph (a), signed by the Chairman, together with a copy of the auditor’s report. The Order requires this to be done as soon as the accounts and financial statements have been audited. This is a compliance trigger tied to completion of audit, rather than a fixed date, but it imposes a clear duty of prompt submission once audit is finalised.
(c) Report on financial position by a fixed deadline
Finally, the CPE must submit a report on its financial position for its first financial year to the Minister by 31 October 2010. This is a fixed deadline and is distinct from the later submission of audited financial statements for the rolled-up period. It ensures that the Minister receives interim financial information about the first financial year even though the full audited accounts will be finalised later.
Made date and signatory
The Order states it was “Made” on 25 October 2010 and is signed by TAN CHING YEE, Permanent Secretary, Ministry of Education. While this is not a substantive compliance requirement, it is relevant for document authenticity and for understanding the administrative process behind the exemption.
How Is This Legislation Structured?
This Order is extremely concise and consists of two sections:
Section 1 provides citation and deemed commencement.
Section 2 creates the exemption and sets out the specific conditions governing how the exemption operates (incorporation into later accounts, submission of audited statements and auditor’s report, and an interim financial position report by a specified date).
There are no additional parts, schedules, or complex sub-structures within the Order itself. The substantive obligations it modifies are located in the Third Schedule to the Private Education Act 2009, which the Order references by paragraph number.
Who Does This Legislation Apply To?
The exemption applies to the Council for Private Education (“CPE”). It is not a general exemption for private education providers or for other bodies. The Order is specifically concerned with the CPE’s compliance with financial reporting requirements.
In terms of scope, the exemption is limited both temporally and functionally. Temporally, it applies only to the CPE’s first financial year (1 December 2009 to 31 March 2010). Functionally, it relates only to the CPE’s obligation to comply with paragraphs 5 and 10 of the Third Schedule—which, as a matter of practice, are the provisions governing submission of annual financial statements and related reporting mechanics.
Why Is This Legislation Important?
Although the Order is short, it has real compliance consequences. For a practitioner advising the CPE (or advising on governance and reporting obligations under the Private Education Act 2009), the Order clarifies that strict adherence to the usual annual reporting cycle is not required for the CPE’s first financial year. Without this exemption, the CPE could face technical non-compliance for a period that does not fit the standard annual reporting framework.
At the same time, the Order is carefully drafted to maintain accountability. The exemption is conditional: the initial period’s financial statements must be incorporated into the next audited set of accounts, the Chairman must sign the audited statements, the auditor’s report must be provided to the Minister, and an interim report on the Council’s financial position must be submitted by a fixed deadline. This structure reflects a common legislative approach: adjust procedural timing where necessary, but preserve substantive oversight.
From an enforcement and risk perspective, the Order also helps reduce ambiguity. It provides a clear legal basis for any deviation from the Third Schedule requirements, which is critical when regulators or auditors assess compliance. For lawyers, the key is to ensure that the CPE’s internal compliance calendar aligns with the Order’s conditions—particularly the 31 October 2010 deadline for the financial position report and the requirement to submit audited statements “as soon as practicable” after audit.
Related Legislation
- Private Education Act 2009 (Act 21 of 2009), including the Third Schedule and section 68 (authorising the Minister to make exemption orders)
- Private Education (Exemption of Council for Private Education) Order 2010 (SL 673/2010) — the subject of this article
- Legislation timeline (to confirm the correct version as at the relevant date)
Source Documents
This article provides an overview of the Private Education (Exemption of Council for Private Education) Order 2010 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.