COVID‑19 (Temporary Measures) (Performances and Other Activities — Control Order) (Amendment No. 3) Regulations 2021

No. S 276

COVID‑19 (Temporary Measures) Act 2020

(ACT 14 OF 2020)

COVID‑19 (Temporary Measures)
(Performances and Other Activities —
Control Order) (Amendment No. 3)
Regulations 2021

In exercise of the powers conferred by section 34(1) of the COVID‑19 (Temporary Measures) Act 2020, the Minister for Health makes the following Regulations:

Citation and commencement

1. These Regulations are the COVID‑19 (Temporary Measures) (Performances and Other Activities — Control Order) (Amendment No. 3) Regulations 2021 and come into operation on 24 April 2021.

Amendment of regulation 2

2. Regulation 2 of the COVID‑19 (Temporary Measures) (Performances and Other Activities — Control Order) Regulations 2020 (G.N. No. S 927/2020) (called in these Regulations the principal Regulations) is amended —

(a)

by inserting, immediately after the definition of “audience member” in paragraph (1), the following definition:

“ “audience participation” does not include applause or approval expressed by handclapping while seated and without any accompanying verbal exhortations, singing or whistling;”;

(b)

by inserting, immediately after the definition of “building” in paragraph (1), the following definitions:

“ “business event” means a business event to which the COVID‑19 (Temporary Measures) (Major Business Events — Control Order) Regulations 2021 (G.N. No. S 278/2021) apply;

“cleared status” has the meaning given by the Infectious Diseases (Mass Gathering Testing for Coronavirus Disease 2019) Regulations 2021 (G.N. No. S 273/2021);

“Control Order” means any of the following:

(a)	the Main Control Order;
(b)	these Regulations;
(c)	the COVID‑19 (Temporary Measures) (Foreign Employee Dormitories — Control Order) Regulations 2020 (G.N. No. S 781/2020);
(d)	the COVID‑19 (Temporary Measures) (Sporting Events and Activities — Control Order) Regulations 2021 (G.N. No. S 277/2021);
(e)	the COVID‑19 (Temporary Measures) (Major Business Events — Control Order) Regulations 2021;”;

(c)

by inserting, immediately after the definition of “dramatic work” in paragraph (1), the following definition:

“ “enhanced entry control” means any requirement described in regulation 12A(3);”;

(d)

by deleting the semi‑colon at the end of paragraph (h) of the definition of “live performance” in paragraph (1) and substituting a comma;

(e)

by deleting paragraph (i) of the definition of “live performance” in paragraph (1);

(f)

by inserting, immediately after the words “or display of” in paragraph (n) of the definition of “live performance” in paragraph (1), the word “gymnastics,”;

(g)

by deleting “(i)” in paragraph (o) of the definition of “live performance” in paragraph (1) and substituting “(h)”;

(h)

by inserting, immediately after the definition of “media conference” in paragraph (1), the following definition:

“ “occupier”, in relation to a live performance venue, has the meaning given by regulation 11(2);”;

(i)

by inserting, immediately after the definition of “promoter” in paragraph (1), the following definition:

“ “public speaking” means any of the following activities undertaken by an individual in the course of a business event:

(a)	the giving or engaging in any lecture, talk, address, debate or discussion;
(b)	the engaging in any reading, recitation or delivery of a literary work for the purpose of promoting the sale of the literary work,

but excludes any such activity occurring as part of a media conference;”;

(j)

by deleting paragraph (2) and substituting the following paragraph:

“(2) For the purposes of these Regulations, a live performance is staged by the person who makes the arrangements necessary for the performance (including elements of the performance not consisting of sounds) to take place.”; and

(k)

by deleting the word “at” in paragraph (4)(b)(i) and substituting the words “60 minutes before”.

Amendment of regulation 11

3. Regulation 11(2) of the principal Regulations is amended by deleting sub‑paragraph (b) and substituting the following sub‑paragraph:

“(b)

a permitted enterprise who has —

(i)	the charge, management or control of the live performance venue, either on the person’s own account or as agent of another person, during the period of the live performance; or
(ii)	the use temporarily or otherwise of the live performance venue during the period of the live performance.”.

Amendment of regulation 12

4. Regulation 12 of the principal Regulations is amended —

(a)	by deleting the words “In addition to regulation 10B(1)(c) of the Main Control Order, an” and substituting the word “An”; and
(b)	by inserting, immediately after the words “watch the live performance” in paragraph (a), the words “(like but not limited to a digital contact tracing system mentioned in regulation 15(1A))”.

New regulation 12A

5. The principal Regulations are amended by inserting, immediately after regulation 12, the following regulation:

“Entry controls

12A.—(1) An occupier of a live performance venue where a live performance is taking place or is to take place must, as far as is reasonably practicable —

(a)

establish and apply appropriate procedures and controls (jointly with another or otherwise) that ensure, as far as is reasonably practicable, that every individual about to enter the live performance venue during the period of the live performance is assessed, before entering, to determine whether he or she is or is not a symptomatic case;

(b)

refuse entry to the live performance venue during the period of the live performance by any individual —

(i)	whom the occupier of the live performance venue knows or has reason to believe is a symptomatic case or is subject to a movement control measure;
(ii)	who refuses to comply with any procedure or control mentioned in sub‑paragraph (a); or
(iii)	who refuses to comply with any contact tracing measure established or applied by the occupier in order to comply with the contact tracing requirement in regulation 12 or 15(1A)(a); and

(c)

refuse entry to the live performance venue during the period of the live performance by any individual whom the occupier of the live performance venue knows or has reason to believe to be seeking entry for any purpose other than as follows:

(i)

an audience member;

(ii)

a performer or crew in the live performance;

(iii)

an individual the principal purpose of his or her being in the live performance venue is to provide an authorised service in connection with the conduct of the live performance, such as —

(A)	a sales staff of a merchandise or souvenir shop or stall, or other commercial or franchise facility, because of any sponsorship‑like arrangement with the live performance or otherwise;
(B)	a customer service officer or ticket sales staff in a ticket booth or ticketing area;
(C)	an usher or a ticket collector or turnstile operator; or
(D)	a cleaner in a washroom or other like amenity for the convenience of audience members;

(iv)

an individual the principal purpose of his or her being in the live performance venue is to monitor and ensure the compliance, by audience members and any other individuals present during the period of the live performance, with the requirements in any of the Control Orders.

(2) In addition to paragraph (1), an occupier of a live performance venue where a live performance is taking place or is to take place must establish and maintain, during the period of the live performance, enhanced entry controls with respect to the live performance venue where —

(a)	the live performance venue is a restricted place within the meaning of the Infectious Diseases (Mass Gathering Testing for Coronavirus Disease 2019) Regulations 2021; or
(b)	the approving authority gives a direction under regulation 19(3) requiring enhanced entry controls with respect to that live performance.

(3) The enhanced entry controls with respect to a live performance or live performance venue means a requirement to establish and maintain, during the period of the live performance, all reasonably practicable procedures and protocols that ensure that an individual mentioned in paragraph (1)(c)(i), (ii), (iii) or (iv), or any combination of such individuals, without a cleared status, does not enter or remain within the live performance venue during the period of the live performance.”.

Amendment of regulation 13

6. Regulation 13(1) of the principal Regulations is amended —

(a)

by deleting sub‑paragraph (i) of sub‑paragraph (a) and substituting the following sub‑paragraph:

“(i)	750; or”; and

(b)

by deleting the words “(but not exceeding 1,000)” in sub‑paragraph (a)(ii).

Amendment of regulation 15

7. Regulation 15 of the principal Regulations is amended —

(a)

by deleting the words “In addition to regulation 10B(1)(j) of the Main Control Order” in paragraph (1) and substituting the words “Subject to paragraph (1A)”; and

(b)

by inserting, immediately after paragraph (1), the following paragraph:

“(1A) Instead of paragraph (1), an occupier of a live performance venue where a live performance is taking place or is to take place must take all reasonably practicable measures as follows in respect of audience members attending the live performance:

(a)

establish and apply specially relating to the audience area in the live performance venue either —

(i)	a digital contact tracing system with appropriate procedures and controls that record proximity information about every audience member who enters or remains in the audience area during the period of the live performance; or
(ii)	appropriate procedures and controls that allocate every audience member a fixed seat in the audience area and record that information, and ensure that each audience member who is allocated to a seat does not, during the period of the live performance, change his or her seat;

(b)

ensure that every audience member is seated during the period of the live performance;

(c)

ensure that every audience member wears a mask during the period of the live performance;

(d)

assist and cooperate with the person staging the live performance to ensure no audience participation during the period of the live performance.”.

Amendment of regulation 19

8. Regulation 19 of the principal Regulations is amended —

(a)

by inserting, immediately after the words “regulation 5(2),” in paragraph (1), the words “waive (in whole or part) the requirement in regulation 6(1), 14(1)(a) or 16(1)(b) or (2)(b),”;

(b)

by inserting, immediately after the words “to be approved” in paragraph (2)(a)(i) and (b), the word “, waived”;

(c)

by inserting, immediately after the words “the approval” in paragraph (2)(c), the word “, waiver”;

(d)

by deleting the words “approval under regulation 5(2), or specification under regulation 9(b), 10(1)(d) or 13(1)(a)(ii),” in paragraph (3) and substituting the words “granting of an approval, waiving of a requirement or specifying a higher number (as the case may be) under paragraph (1)”;

(e)

by deleting the word “or” at the end of paragraph (3)(a);

(f)

by inserting, immediately after sub‑paragraph (a) of paragraph (3), the following sub‑paragraph:

“(aa)

a requirement for enhanced entry controls to be established and maintained at the live performance venue, during the period of the live performance; or”; and

(g)

by inserting, immediately after the words “the matter approved” in paragraph (3), the word “, waived”.

New Part 4

9. The principal Regulations are amended by inserting, immediately after regulation 28, the following Part:

“PART 4

SAFE MANAGEMENT MEASURES FOR PUBLIC SPEAKING

Public speaking arrangements

29. A permitted enterprise who is responsible (whether fully or substantially) for the organising of a business event and the receipt of revenue from the business event (if any), must take, or cause to be taken, all reasonably practicable steps to ensure that every individual engaged in public speaking during the event, (even if not unmasked) is, at all times when so engaged —

(a)	seated or standing;
(b)	at least one metre away from any other individual with whom the public speaking is or is to be undertaken jointly at the same business event; and
(c)	at least 3 metres away from any other individual attending that business event in any capacity.

Maximum number of unmasked public speakers

30. A permitted enterprise who is responsible (whether fully or substantially) for the organising of a business event and the receipt of revenue from the business event (if any), must take, or cause to be taken, all reasonably practicable steps to ensure that there are, at any time during the business event, not more than 10 unmasked individuals engaged in public speaking during the business event.

Mask wearing

31.—(1) Subject to paragraph (2), any individual may be unmasked when engaged in public speaking during a business event.

(2) However, an individual must not be unmasked if 10 other individuals engaged in public speaking at the same business event are unmasked at that same time.

(3) During a business event, an individual who is engaged in public speaking during the business event —

(a)	must either be standing or seated generally in a fixed position;
(b)	must at all times be at least one metre away from any other individual with whom the public speaking is or is to be undertaken jointly at the same business event; and
(c)	must at all times be at least 3 metres away from any other individual attending the same business event in any capacity.

Alternate arrangements

32.—(1) The approving authority may waive (in whole or part) any requirement in regulation 30 or 31 in respect of a particular business event only —

(a)	on the application of the person who is responsible (whether fully or substantially) for the organising of a business event and the receipt of revenue from the business event (if any); and
(b)	if the approving authority is personally satisfied that all of the matters in paragraph (2) apply.

(2) The matters the approving authority must be satisfied are as follows:

(a)

the applicant —

(i)	has adequately identified the significant risks to the incidence and transmission of COVID‑19 in the community in Singapore associated with the matter applied to be waived;
(ii)	has established a plan on how to manage or control those risks; and
(iii)	has the relevant knowledge, competency, experience and suitable compliance record connected with safe management measures for business events of the same nature as the particular business event;

(b)

there are requirements in other written law or there are other means that help minimise the public health risks associated with the matter to be waived, besides the Main Control Order and these Regulations;

(c)

there are applicable international obligations or mercantile practice or customs for holding the event in a particular way.

(3) Any waiver by the approving authority of an application under paragraph (1) in respect of a particular business event may be accompanied by directions addressed to the applicant containing —

(a)	variations of any requirements in regulations 30 and 31 in relation to that particular business event, which may include more stringent requirements than in those regulations; and
(b)	other measures in respect of that business event that satisfy the objectives and performance requirements in the Main Control Order and these Regulations for preventing, protecting against, delaying or otherwise controlling the incidence or transmission of COVID‑19 in Singapore, having regard to the nature of the business event (such as whether it is open to consumers or not),

so as to mitigate the significant risks to the incidence and transmission of COVID‑19 in the community in Singapore associated with the matter waived.”.

[G.N. Nos. S 984/2020; S 1071/2020; S 41/2021; S 239/2021]

Made on 23 April 2021.

NG HOW YUE

Permanent Secretary
(Health Development),
Ministry of Health,
Singapore.

[AG/LEGIS/SL/65C/2020/18 Vol. 1]

(To be presented to Parliament under section 34(4) of the COVID‑19 (Temporary Measures) Act 2020).

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