Further to our article in the fourth edition of Education in
focus, we remind our readers that the deadline for compliance with
Law No. (23) of 2015 the New Private Schools Law (the New Private
Schools Law) is approaching. When the New Private Schools Law was
approved in November 2015, the Minister granted a 12 month grace
period for schools to comply with the provisions of the law. This
grace period will expire in November 2016, unless it is extended by
the Minister. We also remind our readers of the key provisions of
Law No. (18) of 2015 the Educational Services Law (the Educational
The New Private Schools Law
The New Private Schools Law regulates all privately run schools
in the State.
We note some of the key points of the New Private Schools Law
There are 36 Articles of the New
Private Schools Law, divided into 7 Chapters as follows:
Definitions and General Provisions, Licencing and Approval
Procedures, Conditions for Ownership and Management, Buildings and
Facilities Requirements, School and Study System, Investigations
and Discipline and General Closing Provisions.
The New Private Schools Law has
introduced a series of penalties for private schools found to be
operating without the proper licences and approvals from the
Education Regulator, including imprisonment and/or fines up to QAR
Schools cannot operate without a
licence or make any changes to their existing licence without the
pre-approval of the Education Regulator.
Any materials, tools and/or
curriculum that does not meet the standards of the Education
Regulator may be withdrawn or ordered to be changed.
Schools are prohibited from receiving
funding or donations without approval from the Education Regulator
and face fines for violation of this rule.
In parallel with the coming into force of the New Private
Schools Law, the director of the Private Schools Office in the
Education Regulator has appointed a private financial company to
review requests for school fee increases; all fee increases will
now need to be initially reviewed by this company before being
considered by the Private Schools Office and the Education
The Educational Services Law
The Educational Services Law governs any individual or entity
which provides education services and/or training in the fields of
languages, computing, secretarial, accounting and/or business
administration in a centre.
The Educational Services Law came into effect following its
publication in the Official Gazette in November 2015. Existing
educational centres were granted a six month grace period to comply
with the Educational Services Law.
We note some key points of the Educational Services Law
Educational centres must now have a
specific licence to operate.
Educational centres cannot
advertise/announce that they are opening or accept any students
until their licence application has been approved.
Applications for a licence will be
determined by the Competent Authority within 60 days, if an
applicant is unsuccessful they may appeal to the Minister within 30
days of the decision.The Minister will determine appeals within 30
Educational centres should have
separate premises in which they operate; the licence will be issued
for that premises.
Licences cannot be assigned to third
parties unless a prior approval from the Competent Authority is
Educational centres should create and
maintain a database of staff employed at the centre, details of the
services provided by the centre and any other details required by
the Competent Authority.
A bank guarantee must be provided,
which may be called fully or partially if a violation occurs; the
law is silent as to the value of such guarantee which will be
confirmed by a Ministerial decree.
Penalties for violation of the law
include imprisonment of up to 6 months and/or a penalty of
QAR100,000 and/or cancellation or suspension of the licence.
Educational centres subject to an
investigation under the law may be closed for a maximum period of
sixty days while the investigation takes place.
Note: Qatari laws (saved for those issued by the Qatar Financial
Centre to regulate internal business) are issued in Arabic and
there are no official translations, therefore for the purposes of
drafting this article we have used our own translations and
interpreted the same in the context of Qatari regulations and
current market practice.
Following on from our article in last month’s Law Update (Issue 228) regarding the recently established consumer protection website, www.consumerrights.ae, this is the first in a series of three articles which will consider the UAE’s Consumer Protection Law which was introduced in 2006 (the "Law") and its implementing Regulations which were enacted in 2007 (the "Regulations").
The new regulations relating to the Labelling and Advertising of Foodstuffs, No R 146 of the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act 54 of 1972), which was implemented on 1 March 2012, aims to create a specific standard for informing consumers about the ingredients in foodstuffs.
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