Comparison View

Formal Consolidation |  Amended Act 29 of 2020
Relief for inability to exercise right under scheduled contract
5A.—(1)  This section applies to a case where —
(a)the scheduled contract in question comes within a description of contracts prescribed as contracts to which this section applies;
(b)a party to the contract (also called in this Division A) is or will be unable to exercise a right in the contract (called in this Division the subject right), being a right that is to be exercised on or after the date of commencement of section 5 of the COVID-19 (Temporary Measures) (Amendment) Act 2020;
(c)the inability is to a material extent caused by a COVID-19 event; and
(d)A has served a notification for relief in accordance with section 9(1) on —
(i)the other party or parties to the contract; and
(ii)such other person as may be prescribed.
(2)  Despite any law or anything in the contract, another party to the contract (also called in this Division B) may not take any action described in subsection (3) in relation to A’s inability to exercise the subject right until after the earliest of the following:
(a)the expiry of the prescribed period;
(b)the withdrawal by A of A’s notification for relief;
(c)on an application under section 9(2), the assessor makes a determination that the case in question is not one to which this section applies.
(3)  The actions mentioned in subsection (2) are —
(a)the forfeiture of any part of any consideration paid for the subject right; and
(b)such other action as may be prescribed.
(4)  The Minister may, by regulations made under section 19, provide that any paragraph (or a part of it) in subsection (3) —
(a)does not apply in relation to a description of scheduled contracts (or a part of such contract); or
(b)applies in relation to a description of scheduled contracts (or a part of such contract) subject to modifications set out in the regulations,
and this Part applies in relation to that description of scheduled contracts (or a part of such contract) as if that paragraph (or a part of it) were omitted or modified in the manner so set out.
[Act 29 of 2020 wef 20/06/2020]
Informal Consolidation | Amended S 476/2020
Relief for inability to exercise right under scheduled contract
5A.—(1)  This section applies to a case where —
(a)the scheduled contract in question comes within a description of contracts prescribed as contracts to which this section applies;
(b)a party to the contract (also called in this Division A) is or will be unable to exercise a right in the contract (called in this Division the subject right), being a right that is to be exercised on or after the date of commencement of section 5 of the COVID-19 (Temporary Measures) (Amendment) Act 2020;
(c)the inability is to a material extent caused by a COVID-19 event; and
(d)A has served a notification for relief in accordance with section 9(1) on —
(i)the other party or parties to the contract; and
(ii)such other person as may be prescribed.
(2)  Despite any law or anything in the contract, another party to the contract (also called in this Division B) may not take any action described in subsection (3) in relation to A’s inability to exercise the subject right until after the earliest of the following:
(a)the expiry of the prescribed period;
(b)the withdrawal by A of A’s notification for relief;
(c)on an application under section 9(2), the assessor makes a determination that the case in question is not one to which this section applies.
(3)  The actions mentioned in subsection (2) are —
(a)the forfeiture of any part of any consideration paid for the subject right; and
(b)such other action as may be prescribed.
(4)  The Minister may, by regulations made under section 19, provide that any paragraph (or a part of it) in subsection (3) —
(a)does not apply in relation to a description of scheduled contracts (or a part of such contract); or
(b)applies in relation to a description of scheduled contracts (or a part of such contract) subject to modifications set out in the regulations,
and this Part applies in relation to that description of scheduled contracts (or a part of such contract) as if that paragraph (or a part of it) were omitted or modified in the manner so set out.
[Act 29 of 2020 wef 20/06/2020]