1985 Ed.]
Education
[CAP. 279
49
(2) A magistrate may at the request of any person on whom a notice has been served in accordance with subsection (1), make an order terminating as from the date of the order the tenancy of the premises in which the school is being operated, and on the making of the order the tenancy shall cease and determine for all purposes and any tenant or occupier (other than the landlord) may be treated as a trespasser.
(3) An order under subsection (2) shall be recognized and given effect to in any proceeding in any court.
(4) An order under subsection (2) shall be sufficient authority to any police officer to enter at any time between the hours of 9 a.m. and 5 p.m., by force if necessary, the premises in respect of which the order is made and to give possession of such premises to the landlord or his agent.
(5) The powers conferred by subsection (4) shall be in addition to and not in derogation of any power conferred by any other enactment.
(6) If, after a notice has been served in accordance with subsection (1) on any person--
(a) a school which is not registered or provisionally registered is operated in the premises in respect of which the notice was given; or
(b) a school is operated in the premises in respect of which the notice was given and such premises are not specified in the certificate of registration or provisional registration of the school,
the person on whom the notice has been served (and the landlord or the tenant of the premises, if the person on whom such service is made is an attorney, agent, rent collector, secretary or manager for and on behalf of the landlord or tenant) shall be guilty of an offence and shall be liable on conviction to a fine of $5,000 and to imprisonment for 2 years, unless he proves to the satisfaction of the magistrate-
(a) that a request has been made to a magistrate for an order under subsection (2); or
(b) that he did not know and had no reasonable means of knowing that a school was being so operated on the premises.
(7) A person shall not be guilty of an offence under subsection (6) unless a reasonable time has elapsed, following the service of the notice in accordance with subsection (1) on him, during which a request could have been made to a magistrate for an order under subsection (2).
(8) In this section-
"landlord" includes the holder of any lease or tenancy who has sublet his holding or any part thereof;
Page 50
Page 51