Who must apply measures: meanings of “occupier” and “organiser”
13.—(1) Subject to paragraphs (2) and (2A), a person is, for the purposes of these Regulations, an occupier of any place during any material period if the person has —
(a)
the charge, management or control of the place, either on the person’s own account or as agent of another person, during that period; or
(b)
the use temporarily or otherwise of the place during that period,
but nothing in this paragraph deems an individual an occupier of any place by reason only of being a lodger of the place or part thereof.
Illustrations
A hirer of a function room in a hotel which is the subject of a hiring arrangement with the hotel proprietor is an occupier of the function room.
A lessee of a rented office is an occupier of the office.
A charterer of a pleasure craft is the occupier of the pleasure craft.
The owner of an owner‑occupied apartment is an occupier of that apartment.
The management corporation is the occupier of the common property in a strata development for which the management corporation is constituted.
A driver of a lorry is an occupier of the lorry when he or she is driving the lorry or is in charge of it when parked.
[S 225/2022 wef 29/03/2022]
(2) If different parts of a place are occupied by different persons, then for the purposes of any provision of these Regulations, a person is an occupier of a part of the place during a material period if the person has —
(a)
the charge, management or control of that part of the place, either on the person’s own account or as agent of another person, during that period; or
(b)
the use temporarily or otherwise of that part of the place, during that period.
(2A) Where a place —
(a)
is reserved or dedicated to the use of the general public as a thoroughfare or an open space, a nature reserve, beach, public park or wildlife sanctuary, or otherwise for the purposes of public recreation; and
(b)
is one to which the general public has access as of right or by virtue of express or implied permission, whether or not on payment of a fee,
a person is not to be treated as an occupier of the place merely because the person owns the place or has the charge, management or control of the place because of a public Act.
[S 225/2022 wef 29/03/2022]
(3) An organiser of an event that is the subject of a special authorised service means the permitted enterprise providing that special authorised service.
(4) Without limiting paragraph (3), “organiser” includes —
(a)
for a nuptial event — any person (whether or not for reward and whether jointly or otherwise) who procures for, or supplies to, any party to the marriage, the place and any goods and services for the arrangements in connection with the holding of the nuptial event;
(b)
for a funeral event — any individual who has charge over the conduct of any ritual, observance, rite, worship or ceremony at the event, and any person (whether or not for reward and whether jointly or otherwise) who procures or supplies —
(i)
the place where the funeral event is held; and
[S 225/2022 wef 29/03/2022]
(ii)
any religious furnishings, religious items or goods, and other services or arrangements (whether or not religious in character), required for the conduct of any ritual, observance, rite, worship or ceremony in connection with the holding of the funeral event;
Illustrations
(a) A function room in a condominium is hired by the groom for the purpose of a wedding reception. He engages a wedding planner to organise the wedding reception and plan the reception programme. With the authorisation of the groom, the wedding planner collects the keys to the function room and liaises with the managing agent of the condominium to ensure the function room is cleaned and provisioned with the necessary utilities and furniture to hold the reception, and coordinates with the caterer, florists and photographers to secure their entry into the condominium and the timely set up and arrival of the food, furniture and decorations for the reception. The wedding planner is an organiser of the wedding for the purposes of this definition.
(b) A hotel proprietor provides the ballroom, food and decorations for the solemnisation of a marriage followed immediately by a wedding reception to be held on the hotel grounds. The hotel proprietor, and the bride and groom who contracted with the hotel for their solemnisation and reception, are each an organiser of the wedding for the purposes of this definition.
(c) [Deleted by S 225/2022 wef 29/03/2022]
[S 225/2022 wef 29/03/2022]
[S 225/2022 wef 29/03/2022]
(c)
for a media conference — a promoter of the media conference;
(d)
for a live performance — a person who makes the arrangements necessary for the performance (including elements of the performance not consisting of sounds) to take place or otherwise stages the live performance;
(e)
for a business event — a person who is responsible (whether fully or substantially) for —
(i)
the organisation and holding of the business event; and
(ii)
the receipt of revenue from the business event, if any,
but does not include a person by reason only of being a party to a sponsorship‑like arrangement connected with the business event; or
(f)
for a sporting event — a person who is a sporting event organiser of the sporting event.