No. S 927
COVID‑19 (Temporary Measures) Act 2020
(ACT 14 OF 2020)
COVID‑19 (Temporary Measures)
(Performances and Other Activities —
Control Order) Regulations 2020
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:
PART 1
PRELIMINARY
Citation and commencement
1.  These Regulations are the COVID‑19 (Temporary Measures) (Performances and Other Activities — Control Order) Regulations 2020 and come into operation on 1 November 2020.
Definitions
2.—(1)  In these Regulations, unless the context otherwise requires —
“approving authority” means the Senior Director (Operations), Ministry of Trade and Industry;
“audience area”, for a live performance, means such area within the live performance venue for a live performance as is designed to be used by audience members to attend or watch the live performance (such as but not limited to spectator stands or patron seating), but excludes the following:
(a)the stage area for the live performance in that live performance venue;
(b)any ticketing area, turnstile or other entry and exit place, washroom or other like facilities for the convenience of audience members;
“audience member”, for a live performance, means an individual who is entitled to be admitted to a live performance venue where the live performance is being or is to be staged for the purpose of attending or watching the live performance or to report on the live performance (such as spectators or patrons who are customers of a person staging the live performance or a live performance hirer) but excludes —
(a)any crew for the live performance; and
(b)any individual the principal purpose of his or her being in the live performance venue is to provide services in connection with the live performance;
“building” includes part of a building;
“crew”, in relation to a live performance, means an individual who is employed in connection with the staging of a performance other than as a performer in the live performance, whether under a contract of employment by or a contract for service with, any person staging the live performance;
“dramatic work” includes a script for a film, play or television, and a dumb show or choreography if described in writing in the form in which the show or choreography is to be presented;
“live performance” means any, or a combination of any, performance as follows by performers in person in a live performance venue in the presence of an audience in the same live performance venue:
(a)a performance (including an improvisation) of a dramatic work, including such a performance given with the use of puppets;
(b)a performance (including an improvisation) of a musical work (whether vocal or instrumental) and includes a concert or a series of music-focused performances at a single place;
(c)the play-reading, poetry-reading or recital, or other reading, recitation or delivery of a literary work, or the recitation or delivery of an improvised literary work;
(d)a performance of a dance (including a weapon dance);
(e)a performance of a circus act or a variety act or any similar presentation or show;
(f)any performance of legerdemain or magic;
(g)a performance of an expression of folklore;
(h)a live art performance;
(i)any performance of acrobatics,
but does not include any of the following:
(j)any lecture, talk, address, debate or discussion;
(k)any reading, recitation or delivery of a literary work for the purpose of promoting the sale of the literary work;
(l)any exhibition of animals or a display involving wholly or substantially animals performing;
(m)any ceremony, rite, sermon, or religious service or celebration lawfully conducted by priests or ministers of religion in premises consecrated or dedicated generally or specifically for the conduct of such ceremony, rite, sermon, or religious service or celebration;
(n)any exhibition or display of a martial art, any combat sport entertainment or sporting competition;
“live performance hirer” means a person who engages or contracts any performer or person staging a live performance for the purpose of a live performance, but excludes a person who merely —
(a)provides or agrees to seek or find work opportunities for a performer;
(b)negotiates the terms or an agreement for a live performance by the performer; or
(c)arranges for publicity attendances and related publicity responsibilities of such a performer;
“live performance venue” means any of the following premises to which the public or any class of the public has access (gratuitously or otherwise):
(a)a theatre, a music hall, a concert hall, an auditorium or a cinema;
(b)a room in which a live performance is or is to be staged;
“Main Control Order” means the COVID-19 (Temporary Measures) (Control Order) Regulations 2020 (G.N. No. S 254/2020);
“marketing material”, for a live performance, means any of the following:
(a)a ticket for the live performance;
(b)any catalogue or price list of tickets mentioned in paragraph (a);
(c)any advertisement (online or otherwise) or other publicity material promoting the live performance;
“performer”, in a live performance, means —
(a)an actor, a model or a dancer;
(b)a singer, musician or member of an orchestra;
(c)an acrobat or a stunt performer; or
(d)any other individual who contributes in person to the sounds, movements or visual elements (or any combination thereof) of the performance,
and if the performance includes a live performance of a musical work (whether vocal or instrumental), includes the conductor;
“segregation zone” means a part of the audience area within a live performance venue for a live performance —
(a)the purpose of which is to restrict or deny the opportunity for audience members attending the live performance and allocated to the segregation zone to associate or interact with an audience member allocated to any other segregation zone established for the purposes of the same live performance; and
(b)the perimeter of which comprises, or is demarcated in a substantially unbroken manner by, any or a combination of the following:
(i)any wall or other non-porous partition or screen that is 1.8 metres or taller measured from the floor of the part of the audience area;
(ii)any stanchion with barrier rope or tape, screen or other similar physical barrier, that is at least 3 metres away from the perimeter of another segregation zone;
“stage area”, for a live performance —
(a)means such area within the live performance venue as is designed to be used by performers in a live performance to perform on or in; and
(b)includes the backstage, a dressing room, a projection or lighting suite, a sound booth, an orchestra pit or a flying scenery or other similar theatrical prop or infrastructure;
“ticket”, for a live performance, means a ticket issued or offered for sale by a person authorised to make the first supply of tickets entitling the purchaser of such a ticket or a holder thereof to enter the live performance venue to attend or watch the live performance;
“unmasked”, in relation to an individual, means to be not wearing a mask and includes an individual wearing a face shield in lieu of a mask;
“work”, whether dramatic, literary or musical, includes part of such work.
(2)  For the purposes of these Regulations, a live performance is staged —
(a)by the person noted on any public liability insurance policy provided to the occupier of the live performance venue for the live performance; or
(b)if there is no such person in sub-paragraph (a) for that live performance, by the person who makes the arrangements necessary for the performance (including elements of the performance not consisting of sounds) to take place.
(3)  For the purposes of these Regulations, a rehearsal of a live performance is treated as a live performance even though no audience is present during the performance, and a reference to a live performance includes a rehearsal thereof unless otherwise provided.
(4)  For the purposes of these Regulations, the period of a live performance is the period —
(a)for a rehearsal of a live performance —
(i)starting at the time that the rehearsal is stated will begin by or on behalf of the person staging the live performance; and
(ii)ending at the time that the rehearsal is stated will end by or on behalf of the person staging the live performance; and
(b)for a live performance that is not a rehearsal —
(i)starting at the time that the live performance is stated will begin on any marketing material relating to the live performance; and
(ii)ending 60 minutes after the time that the live performance is stated will end on any marketing material relating to the live performance.
(5)  Unless expressly provided otherwise in these Regulations, any word or expression in these Regulations that is defined in the Main Control Order has the meaning given to it by the Main Control Order.
Scope of Regulations
3.—(1)  Subject to paragraphs (2) and (3), these Regulations apply to the provision of an authorised service that consists wholly or substantially of a live performance staged or to be staged in a live performance venue.
(2)  Where an authorised service consisting wholly or substantially of a live performance is provided —
(a)to a live performance hirer which is a permitted enterprise; and
(b)at an event involving an organised gathering that —
(i)is caused by the live performance hirer; and
(ii)is not disallowed under regulation 13F of the Main Control Order,
Part 2 of these Regulations is disapplied in relation to —
(c)the live performance hirer as an occupier of the live performance venue where the live performance takes place;
(d)the person staging the live performance; and
(e)the crew and performers in the live performance,
and Part 3A of the Main Control Order applies to them instead.
(3)  Where a live performance is provided —
(a)by a permitted enterprise with an authorised service that consists wholly or substantially of a live performance; and
(b)for the production of income from that authorised service at an event involving an organised gathering that is not disallowed because of regulation 13F(3)(a) of the Main Control Order,
and the live performance does not go beyond what is incidental only, and is not of a substantial nature, having regard to the occasion or purpose of the event, then Part 2 of these Regulations is disapplied in relation to —
(c)the permitted enterprise;
(d)the person staging the live performance; and
(e)the crew and performers in the live performance,
and Part 3A of the Main Control Order applies to them instead.
Interface with Main Control Order
4.—(1)  The requirements specified in these Regulations are in addition to the requirements in the Main Control Order, and these Regulations prevail if, and to the extent, there is any inconsistency between these Regulations and the requirements in the Main Control Order insofar as those requirements in the Main Control Order may apply in connection with an authorised service consisting wholly or substantially of a live performance.
(2)  These Regulations do not apply to prevent or restrict —
(a)the Government or any public body doing or omitting to do anything in the performance of any function, the exercise of any power or the discharge of any duty of the Government or public body (as the case may be) under law; or
(b)any individual acting under the authority or direction of the Government or any public body in the performance of any function, the exercise of any power or the discharge of any duty of the Government or public body (as the case may be) under law.
(3)  Without limiting the meaning of “reasonable excuse” in section 34(7) of the Act, it is a reasonable excuse for a person doing or omitting to do any act in contravention of any provision of these Regulations if the act is done or omitted to be done in good faith and for the purpose of complying with or giving effect to —
(a)any other written law; or
(b)any order or requirement of the Government or a public body, or an individual mentioned in paragraph (2)(b), given in the performance of any function, the exercise of any power or the discharge of any duty of the Government or public body (as the case may be) under law.
Made on 31 October 2020.
NG HOW YUE
Permanent Secretary
(Health Development),
Ministry of Health,
Singapore.
[AG/LEGIS/SL/65C/2020/13 Vol. 1]
(To be presented to Parliament under section 34(4) of the COVID‑19 (Temporary Measures) Act 2020).