COVID-19 (Temporary Measures) (Temporary Relief for Inability to Perform Contracts) Regulations 2020

No. S 303

COVID-19 (Temporary Measures) Act 2020

(ACT 14 OF 2020)

COVID-19 (Temporary Measures)
(Temporary Relief for Inability to
Perform Contracts) Regulations 2020

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

PART 1

PRELIMINARY

Citation and commencement

1. These Regulations are the COVID-19 (Temporary Measures) (Temporary Relief for Inability to Perform Contracts) Regulations 2020 and come into operation on 20 April 2020.

Definitions

2. In these Regulations, unless the context otherwise requires —

“CorpPass” means the identity authentication service known as Singapore Corporate Access, by which an entity authenticates its identity in order to carry out an online transaction with the Government or a public body;

“CorpPass credential” means any username, password or 2‑factor authentication detail required to authenticate, using CorpPass, the identity of an entity;

“designated email address”, in relation to a party, means —

(a)

in the case of a party who served the notification for relief under section 9(1) of the Act —

(i)	that party’s email address as specified in the notification; or
(ii)	if that party has submitted any form to the Registrar or an assessor in relation to an application for an assessor’s determination in which another email address is specified as that party’s email address — that other email address;

(b)

in the case of a party who submitted to the Registrar an application for an assessor’s determination —

(i)	that party’s email address as specified in the application; or
(ii)	if that party has submitted any form to the Registrar or an assessor in relation to an application for an assessor’s determination in which another email address is specified as that party’s email address — that other email address; or

(c)

in the case of any other party — the email address designated by that party for the purpose of receiving documents or communications under Part 2 of the Act or these Regulations;

“designated postal address”, in relation to a party, means —

(a)

in the case of a party who served the notification for relief under section 9(1) of the Act —

(i)	that party’s postal address as specified in the notification; or
(ii)	if that party has submitted any form to the Registrar or an assessor in relation to an application for an assessor’s determination in which another postal address is specified as that party’s postal address — that other postal address;

(b)

in the case of a party who submitted to the Registrar an application for an assessor’s determination —

(i)	that party’s postal address as specified in the application; or
(ii)	if that party has submitted any form to the Registrar or an assessor in relation to an application for an assessor’s determination in which another postal address is specified as that party’s postal address — that other postal address; or

(c)

in the case of any other party — the postal address designated by that party for the purpose of receiving documents or communications under Part 2 of the Act or these Regulations;

“electronic system” means the electronic system established under regulation 7;

“issuer of a related performance bond” means the issuer of a performance bond or equivalent for the performance of the subject obligation, where the scheduled contract is a construction contract or a supply contract;

“ordinary address” means —

(a)

in the case of a body corporate (including a limited liability partnership) or unincorporated association —

(i)	the body corporate’s or unincorporated association’s registered office, or principal office, in Singapore; or
(ii)	in the absence of a registered office, or principal office, in Singapore, the body corporate’s or unincorporated association’s last known place of business in Singapore;

(b)

in the case of an individual, the individual’s usual or last known place of residence or business in Singapore; or

(c)

in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore;

“party”, in relation to an assessor’s determination, means —

(a)

the party to the contract who made the application for an assessor’s determination under section 12 of the Act; or

(b)

either —

(i)	the party to the contract who served the notification for relief on the party mentioned in paragraph (a); or
(ii)	the party to the contract who was served with the notification for relief, if the party mentioned in paragraph (a) also served the notification for relief,

and includes a person authorised by that party to represent the party in relation to the determination;

“prescribed mode of service” has the meaning given by regulation 5;

“Registrar’s directives” means directives issued by the Registrar under regulation 29;

“Registry” means the Registry of Assessors established under regulation 27;

“SingPass” means the identity authentication service, known as Singapore Personal Access, by which an individual authenticates the individual’s identity in order to carry out an online transaction with the Government or a public body;

“SingPass credential” means any username, password or 2‑factor authentication detail required to authenticate, using SingPass, the identity of an individual;

“subject obligation” means an obligation under a scheduled contract that a party to it is unable to perform and seeks relief under section 5 or 7 of the Act for the inability.

Made on 20 April 2020.

LOH KHUM YEAN

Permanent Secretary,
Ministry of Law,
Singapore.

[LAW 63/009 COVID Relief-V1; AG/LEGIS/SL/65C/2020/3 Vol. 1]

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