PART 3
SPECIFIED NOTICES UNDER PART 10 OF ACT
Division 1 — Notice of negotiation
Interpretation of this Division
10.  In this Division, a reference to a party to a specified contract (called in this Division A) who serves a notice of negotiation in relation to that contract, includes a reference to a party to a specified contract that is terminated on or after 2 November 2020 under any other written law or rule of law before the contract can be terminated in accordance with Division 2 of Part 10 of the Act (called in this Division C) who serves a notice of negotiation in relation to that contract under section 45(1) (read with section 59(2)) of the Act.
Notice of negotiation
11.—(1)  A notice of negotiation must —
(a)be in Form 1;
(b)be accompanied by —
(i)a copy of the specified contract or (if the specified contract is not in writing) a description of how the specified contract was made and its terms; and
(ii)such other supporting documents as may be specified —
(A)in Form 1; or
(B)in the adjustment relief Registrar’s directives;
(c)be served on the persons mentioned in section 45(2) of the Act by the prescribed mode of service; and
(d)contain the following information:
(i)the name, address and telephone number, and email address (if any) of A;
(ii)the name and address, and (if known to A) the telephone number and email address of each of the following:
(A)the other party or parties to the specified contract;
(B)a person who is A’s guarantor or surety, or who has issued any performance bond or equivalent, in relation to any of A’s obligations under the specified contract;
(C)an assignee of any party, if any;
(iii)the date of the specified contract;
(iv)a declaration by A that A satisfies the requirements in Part 3 of the Second Schedule to the Act;
(v)a declaration by A that the contract in question is a contract described in section 42(1) of the Act;
(vi)a declaration by A that the specified contract is not a contract of national interest;
(vii)any proposal by A on the adjustment to the rights and obligations of the parties and their assignees under the specified contract that A seeks to negotiate, under section 43(1) of the Act;
(viii)a declaration by A that all the information provided in the notice of negotiation is true and accurate.
(2)  Apart from the persons mentioned in section 45(2) of the Act, a notice of negotiation must be served on an assignee of A (if any) —
(a)by the prescribed mode of service; and
(b)within the service period for that notice of negotiation.
(3)  Where C —
(a)seeks to adjust the rights and obligations of the specified contract in accordance with Part 4 of the Second Schedule to the Act;
(b)is aware that proceedings against C or C’s guarantor or surety in relation to a future loss are pending in a court, an arbitral tribunal or other person or body at the time the notice of negotiation was served; and
(c)wishes to lodge a copy of the notice of negotiation with the court, arbitral tribunal or other person or body,
C must, after service of the notice of negotiation, file with the court, or submit to the arbitral tribunal or other person or body, before which the proceedings are pending, a memorandum of notice of negotiation in Form 2.
(4)  Where A —
(a)becomes aware that proceedings against A or A’s guarantor or surety in relation to a subsequent failure or future loss have, after service of the notice of negotiation in accordance with section 45(3) of the Act, been commenced before a court, an arbitral tribunal or other person or body in breach of paragraph 1 of Part 2 of the Fifth Schedule to the Act; and
(b)wishes to lodge a copy of the notice of negotiation with the court, arbitral tribunal or other person or body,
A must file with the court, or submit to the arbitral tribunal or other person or body, before which the proceedings were commenced, a memorandum of notice of negotiation in Form 2.
(5)  A memorandum of notice of negotiation mentioned in paragraph (3) or (4) must —
(a)contain the following:
(i)information identifying the proceedings before the court, arbitral tribunal, or other person or body;
(ii)a declaration of service of the notice of negotiation which must state when such service was effected; and
(b)be accompanied by a copy of the notice of negotiation.
Withdrawal of notice of negotiation
12.—(1)  A notice of withdrawal of a notice of negotiation mentioned in section 48(1) of the Act must —
(a)be in Form 3; and
(b)be served on the persons mentioned in section 48(1) of the Act by the prescribed mode of service.
(2)  Apart from the persons mentioned in section 48(1) of the Act, the notice of withdrawal of a notice of negotiation must be served on an assignee of A (if any) —
(a)by the prescribed mode of service; and
(b)within the service period for that notice of withdrawal.
(3)  If a copy of the notice of negotiation has been lodged under paragraph 6 or 12 of Part 2 of the Fifth Schedule to the Act with a court, an arbitral tribunal or other person or body, before which proceedings were brought, A must, no later than 4 working days after the date of the notice of withdrawal, file with the court, or submit to the arbitral tribunal or other person or body, before which the proceedings are pending, a memorandum of the service of withdrawal in Form 4.
(4)  A memorandum of the service of withdrawal mentioned in paragraph (3) must —
(a)contain the following:
(i)information identifying the proceedings before the court, arbitral tribunal or other person or body;
(ii)a declaration of service of the notice of withdrawal which must state when such service was effected; and
(b)be accompanied by a copy of the notice of withdrawal.
Notice of objection to notice of negotiation
13.—(1)  A notice of objection to a notice of negotiation must —
(a)be in Form 5;
(b)be accompanied by the following:
(i)a copy of the notice of negotiation;
(ii)a copy of all the documents enclosed with the notice of negotiation; and
(c)be served on the persons mentioned in section 46(1) of the Act by the prescribed mode of service.
(2)  Apart from the persons mentioned in section 46(1) of the Act, a notice of objection to a notice of negotiation must be served on an assignee of A (if any) —
(a)by the prescribed mode of service; and
(b)within the service period for that notice of objection.
Withdrawal of notice of objection to notice of negotiation
14.—(1)  A notice of withdrawal of a notice of objection mentioned in section 48(3)(c) of the Act must —
(a)be in Form 3; and
(b)be served on the persons mentioned in section 48(3)(c) of the Act by the prescribed mode of service.
(2)  Apart from the persons mentioned in section 48(3)(c) of the Act, a notice of withdrawal of a notice of objection must be served on an assignee of A (if any) —
(a)by the prescribed mode of service; and
(b)within the service period for that notice of withdrawal.
Division 2 — Notice for adjustment
Notice for adjustment
15.—(1)  A notice for adjustment in relation to a notice of negotiation must —
(a)be in Form 6;
(b)be accompanied by the following:
(i)a copy of the notice of negotiation;
(ii)a copy of all the documents enclosed with the notice of negotiation; and
(c)be served on the persons mentioned in section 47(2) of the Act by the prescribed mode of service.
(2)  Apart from the persons mentioned in section 47(2) of the Act, a notice for adjustment must be served on an assignee of the party who served the notice of negotiation (called in this Division A) (if any) —
(a)by the prescribed mode of service; and
(b)within the service period for that notice for adjustment.
Withdrawal of notice for adjustment
16.—(1)  A notice of withdrawal of a notice for adjustment mentioned in section 48(4) of the Act must —
(a)be in Form 3; and
(b)be served on the persons mentioned in section 48(4)(a) of the Act by the prescribed mode of service.
(2)  Apart from the persons mentioned in section 48(4)(a) of the Act, a notice of withdrawal of a notice for adjustment must be served on an assignee of A (if any) —
(a)by the prescribed mode of service; and
(b)within the service period for that notice of withdrawal.
(3)  If —
(a)a copy of the notice of negotiation (in relation to which the notice for adjustment was lodged) has been lodged under paragraph 6 or 12 of Part 2 of the Fifth Schedule to the Act with a court, an arbitral tribunal or other person or body, before which proceedings were brought; and
(b)either —
(i)only one notice for adjustment is lodged with the adjustment relief Registrar and served on the persons mentioned in section 47(2) of the Act, under section 47 of the Act, and that notice is withdrawn under section 48(4) of the Act; or
(ii)more than one notice for adjustment are lodged with the adjustment relief Registrar and served on the persons mentioned in section 47(2) of the Act, under section 47 of the Act, and every such notice is withdrawn under section 48(4) of the Act,
the party or party’s assignee who withdrew the notice for adjustment or the last subsisting notice for adjustment (as the case may be) must, no later than 4 working days after the date of the notice of withdrawal of that notice for adjustment, file with the court, or submit to the arbitral tribunal or other person or body, before which the proceedings are pending, a memorandum of service of withdrawal in Form 4.
(4)  A memorandum of service of withdrawal mentioned in paragraph (3) must —
(a)contain the following:
(i)information identifying the proceedings before the court, arbitral tribunal or other person or body;
(ii)a declaration of service of the notice of withdrawal of that notice for adjustment which must state when such service was effected; and
(b)be accompanied by a copy of the notice of withdrawal.
Division 3 — Notice for compensation
Notice for compensation
17.—(1)  A notice for compensation in relation to a notice of negotiation must —
(a)be in Form 7;
(b)be accompanied by —
(i)a copy of the notice of negotiation;
(ii)a copy of all the documents enclosed with the notice of negotiation; and
(iii)such other supporting documents as may be specified —
(A)in Form 7; or
(B)in the adjustment relief Registrar’s directives;
(c)be served on the party mentioned in section 51(1)(a) of the Act by the prescribed mode of service; and
(d)contain the following information:
(i)the name, address and telephone number, and email address (if any) of the person serving the notice for compensation (called in this Division B);
(ii)the name and address, and (if known to B) the telephone number and email address of each of the following:
(A)the party who served the notice of negotiation on B;
(B)the other party or parties to the specified contract;
(iii)a declaration by B that each of the lessors or licensors of the immovable property that is the subject of the specified contract in question, is a person who satisfies the requirements in paragraph 1(a), (b) and (c) of Part 2 of the Third Schedule to the Act;
(iv)any proposal by B on the compensation from the person who served the notice of negotiation on B for the termination of the specified contract;
(v)a declaration by B that all the information provided in the notice for compensation is true and accurate.
(2)  Apart from the party mentioned in section 51(1)(a) of the Act, a notice for compensation must be served on any other party to the specified contract in question, any assignee of any party, any guarantor or surety of the party who served the notice of negotiation, and any person who has issued any performance bond or equivalent, in relation to any obligation under the specified contract of the party who served the notice of negotiation —
(a)by the prescribed mode of service; and
(b)within the service period for that notice for compensation.
Withdrawal of notice for compensation
18.—(1)  A notice of withdrawal of a notice for compensation mentioned in section 52 of the Act must —
(a)be in Form 3; and
(b)be served on the party mentioned in section 52(a) of the Act by the prescribed mode of service.
(2)  Apart from the party mentioned in section 52(a) of the Act, a notice of withdrawal of a notice for compensation must be served on all other parties to the specified contract in question and all assignees of any party to the contract (if any) —
(a)by the prescribed mode of service; and
(b)within the service period for that notice of withdrawal.
(3)  If —
(a)a copy of the notice of negotiation (in relation to which the notice for compensation was lodged) has been lodged under paragraph 6 or 12 of Part 2 of the Fifth Schedule to the Act with a court, an arbitral tribunal or other person or body, before which proceedings were brought;
(b)the notice for compensation lodged with the adjustment relief Registrar and served on the party mentioned in section 51(1)(a) of the Act under section 51 of the Act, is withdrawn under section 52 of the Act; and
(c)no notice of objection and no notice for adjustment have been lodged with the adjustment relief Registrar and served on the persons mentioned in sections 46(1) and 47(2) of the Act under Division 2 of Part 10 of the Act,
B must, no later than 4 working days after the date of the notice of withdrawal of that notice for compensation, file with the court, or submit to the arbitral tribunal or other person or body, before which the proceedings are pending, a memorandum of service of withdrawal in Form 4.
(4)  A memorandum of service of withdrawal mentioned in paragraph (3) must —
(a)contain the following:
(i)information identifying the proceedings before the court, arbitral tribunal or other person or body;
(ii)a declaration of service of the notice of withdrawal of the notice for compensation which must state when such service was effected; and
(b)be accompanied by a copy of the notice of withdrawal.
Division 4 — Notice of revision
Notice of revision
19.—(1)  A notice of revision must —
(a)be in Form 8;
(b)be accompanied by —
(i)a copy of the specified contract or (if the specified contract is not in writing) a description of how the specified contract was made and its terms; and
(ii)such other supporting documents as may be specified —
(A)in Form 8;
(B)by the adjustment relief Registrar or the adjustment relief assessor; or
(C)in the adjustment relief Registrar’s directives;
(c)be served on the persons mentioned in section 53(2) of the Act by the prescribed mode of service; and
(d)contain the following information:
(i)the name, address and telephone number, and email address (if any) of the person serving the notice of revision (called in this Division A);
(ii)the name and address, and (if known to A) the telephone number and email address of each of the following:
(A)the other party or parties to the specified contract;
(B)a person who is A’s guarantor or surety, or who has issued any performance bond or equivalent, in relation to any of A’s obligations under the specified contract;
(C)an assignee of any party, if any;
(iii)the date of the specified contract;
(iv)a declaration by A that A satisfies the requirements in Part 2 of the Fourth Schedule to the Act;
(v)a declaration by A that the contract in question is a contract described in section 42(1) of the Act;
(vi)a declaration by A that the contract in question is a contract described in Part 1 of the Fourth Schedule to the Act;
(vii)a declaration by A that all the information provided in the notice of revision is true and accurate.
(2)  Apart from the persons mentioned in section 53(2) of the Act, a notice of revision must be served on an assignee of A (if any) —
(a)by the prescribed mode of service; and
(b)within the service period for that notice of revision.
(3)  Where A —
(a)is aware that proceedings against A or A’s guarantor or surety in relation to the accrued arrears in question were pending in a court, an arbitral tribunal or other person or body, at the time the notice of revision was served; and
(b)wishes to lodge a copy of the notice of revision with the court, arbitral tribunal or other person or body,
A must after service of the notice of revision on the persons mentioned in section 53(2) of the Act, file with the court, or submit to the arbitral tribunal or other person or body, before which the proceedings are pending, a memorandum of notice of revision in Form 2.
(4)  Where A —
(a)becomes aware that proceedings against A or A’s guarantor or surety in relation to the accrued arrears in question have, after service of the notice of revision on the persons mentioned in section 53(2) of the Act in accordance with section 53(3) of the Act, been commenced before a court, an arbitral tribunal or other person or body, in breach of paragraph 1 of Part 2 of the Fifth Schedule to the Act; and
(b)wishes to lodge a copy of the notice of revision with the court, arbitral tribunal or other person or body,
A must file with the court, or submit to the arbitral tribunal or other person or body, before which the proceedings were commenced, a memorandum of notice of revision in Form 2.
(5)  A memorandum of notice of revision mentioned in paragraph (3) or (4) must —
(a)contain the following:
(i)information identifying the proceedings before the court, arbitral tribunal or other person or body;
(ii)a declaration of service of the notice of revision which must state when such service was effected; and
(b)be accompanied by a copy of the notice of revision.
Notice of objection to notice of revision
20.—(1)  A notice of objection to a notice of revision mentioned in section 54(1) of the Act, must —
(a)be in Form 9;
(b)be accompanied by the following:
(i)a copy of the notice of revision;
(ii)a copy of all the documents enclosed with the notice of revision; and
(c)be served on the persons mentioned in section 54(1)(a) of the Act by the prescribed mode of service.
(2)  Apart from the persons mentioned in section 54(1)(a) of the Act, a notice of objection to a notice of revision must be served on an assignee of A (if any) —
(a)by the prescribed mode of service; and
(b)within the service period for that notice of objection.
Withdrawal of notice of objection to notice of revision
21.—(1)  A notice of withdrawal of a notice of objection mentioned in section 55 of the Act must —
(a)be in Form 3; and
(b)be served on the persons mentioned in section 55(a) of the Act by the prescribed mode of service.
(2)  Apart from the persons mentioned in section 55(a) of the Act, a notice of withdrawal of a notice of objection must be served on an assignee of A (if any) —
(a)by the prescribed mode of service; and
(b)within the service period for that notice of withdrawal.
(3)  If —
(a)a copy of the notice of revision has been lodged under paragraph 7 or 12 of Part 2 of the Fifth Schedule to the Act with a court, an arbitral tribunal or other person or body, before which proceedings were brought; and
(b)the notice of objection to the notice of revision is withdrawn under section 55 of the Act,
the person who withdrew the notice for objection must, no later than 4 working days after the date of the notice of withdrawal, file with the court, or submit to the arbitral tribunal or other person or body, before which the proceedings are pending, a memorandum of service of withdrawal in Form 4.
(4)  A memorandum of service of withdrawal mentioned in paragraph (3) must —
(a)contain the following:
(i)information identifying the proceedings before the court, arbitral tribunal or other person or body;
(ii)a declaration of service of the notice of withdrawal of the notice of objection to notice of revision which must state when such service was effected; and
(b)be accompanied by a copy of the notice of withdrawal.
Division 5 — Notice of negotiation for contract of national interest
Notice of negotiation for contract of national interest
22.—(1)  A notice of negotiation for contract of national interest must —
(a)be in Form 10;
(b)be accompanied by —
(i)a copy of the specified contract or (if the specified contract is not in writing) a description of how the specified contract was made and its terms;
(ii)a copy of the certificate certifying that the specified contract is a contract of national interest issued in accordance with section 60 of the Act; and
(iii)such other supporting documents as may be specified —
(A)in Form 10; or
(B)in the adjustment relief Registrar’s directives;
(c)be served on the persons mentioned in section 61(1) of the Act by the prescribed mode of service; and
(d)contain the following information:
(i)the name, address and telephone number, and email address (if any) of the person serving the notice of negotiation for contract of national interest (called in this Division D);
(ii)the name and address, and (if known to D) the telephone number and email address of each of the following:
(A)the other party or parties to the specified contract;
(B)a person who is D’s guarantor or surety, or who has issued any performance bond or equivalent, in relation to any of D’s obligations under the specified contract;
(C)an assignee of any party, if any;
(iii)the date of the specified contract;
(iv)a declaration by D that D satisfies the requirements in Part 3 of the Second Schedule to the Act;
(v)a declaration by D that the contract in question is a contract described in section 42(1) of the Act;
(vi)a declaration by D that the contract in question has been certified to be a contract of national interest;
(vii)any proposal by D on how the price of the specified contract should be adjusted and the reasons for the proposal;
(viii)a declaration by D that all the information provided in the notice of negotiation for contract of national interest is true and accurate.
(2)  Apart from the persons mentioned in section 61(1) of the Act, a notice of negotiation for contract of national interest must be served on any person who is D’s guarantor or surety, or who has issued any performance bond or equivalent, in relation to any of D’s obligations under the specified contract and any party’s assignee (if any) —
(a)by the prescribed mode of service; and
(b)within the service period for that notice of negotiation for contract of national interest.
Notice for repricing
23.—(1)  A notice for repricing in relation to a notice of negotiation for contract of national interest must —
(a)be in Form 11;
(b)be accompanied by the following:
(i)a copy of the notice of negotiation for contract of national interest;
(ii)a copy of all the documents enclosed with the notice of negotiation for contract of national interest; and
(c)be served on the persons mentioned in section 61(3) of the Act by the prescribed mode of service.
(2)  Apart from the persons mentioned in section 61(3) of the Act, a notice for repricing must be served on an assignee of D (if any) —
(a)by the prescribed mode of service; and
(b)within the service period for that notice for repricing.
Withdrawal of notice for repricing
24.—(1)  A notice of withdrawal of a notice for repricing mentioned in section 62 of the Act must —
(a)be in Form 3; and
(b)be served on the persons mentioned in section 62(a) of the Act by the prescribed mode of service.
(2)  Apart from the persons mentioned in section 62(a) of the Act, a notice of withdrawal of a notice for repricing must be served on an assignee of D (if any) —
(a)by the prescribed mode of service; and
(b)within the service period for that notice of withdrawal.