PART 4
ADJUSTMENT RELIEF ASSESSOR’S DETERMINATION
Division 1 — Adjustment relief assessors
Qualifications of adjustment relief assessors
25.  To be appointed an adjustment relief assessor, a person —
(a)must be a qualified person as defined in section 2(1) of the Legal Profession Act (Cap. 161), and have at least 2 years of working experience in or relating to law; or
[S 265/2021 wef 15/01/2021]
(b)must have been conferred a degree of Bachelor of Accountancy or Bachelor of Finance by any university, or possess an equivalent qualification, and have at least 3 years of working experience in or relating to accountancy or finance.
Division 2 — Communications with adjustment relief Registrar
and adjustment relief assessor
Documents to be lodged with adjustment relief Registrar or adjustment relief assessor
26.—(1)  Subject to paragraph (2), every form or document that is to be lodged with the adjustment relief Registrar or an adjustment relief assessor making a determination must be lodged with the adjustment relief Registrar or adjustment relief assessor using the electronic system.
(2)  Where a person is unable to comply with paragraph (1) because the person does not have an account for the use of SingPass or CorpPass, the electronic system is unavailable or for any other good reason, the adjustment relief Registrar or the adjustment relief assessor may permit the form or document to be lodged with him or her in such other way as he or she may direct.
(3)  Any document that is to be sent by or on behalf of the adjustment relief Registrar or an adjustment relief assessor to any person is to be sent —
(a)to that person’s designated email address;
(b)if that person does not have a designated email address — to that person’s designated postal address;
(c)if that person does not have a designated email address or designated postal address — to that person’s ordinary address; or
(d)by any other means agreed between the adjustment relief Registrar or the adjustment relief assessor, and that person.
Communications by adjustment relief Registrar or adjustment relief assessor with parties to determination
27.—(1)  The adjustment relief Registrar or an adjustment relief assessor may communicate with any party to a determination concerned —
(a)by sending an email to that party’s designated email address;
(b)by sending a document to that party’s designated postal address or ordinary address; or
(c)by other means agreed between the adjustment relief Registrar or the adjustment relief assessor, and that party.
(2)  Where a party to a determination agrees to communicate with the adjustment relief Registrar or an adjustment relief assessor by any of the means in paragraph (1), that party must monitor that means for any communication from the adjustment relief Registrar or the adjustment relief assessor to that party, until the conclusion of the proceedings before the adjustment relief assessor.
(3)  In this regulation —
(a)a reference to the adjustment relief Registrar or an adjustment relief assessor includes an officer of the Registry duly authorised by the adjustment relief Registrar or the adjustment relief assessor to make or receive the communication on his or her behalf; and
(b)a reference to a party to a determination includes any person who lodges with the adjustment relief Registrar or who is served a notice of objection, in relation to which the adjustment relief Registrar has to determine whether an adjustment relief assessor is to be appointed under section 65(2) of the Act.
Division 3 — Procedure for adjustment relief
assessor’s determination
Appointment of adjustment relief assessors
28.—(1)  If the adjustment relief Registrar has accepted for lodgment any notice mentioned in section 65(1) of the Act, he or she must send to the parties and their assignees, whose particulars are indicated in that notice, the following:
(a)an acknowledgment of receipt of the notice;
(b)a notice of appointment of one or more adjustment relief assessors;
(c)a notice of the date and place for the hearing, if applicable.
(2)  Where —
(a)either —
(i)the adjustment relief Registrar has refused to accept any notice of objection for lodgment under section 46(3) of the Act; or
(ii)any notice of objection lodged under section 46(1) of the Act has been withdrawn; and
(b)any determination is required to be made by an adjustment relief assessor for the adjustment of the rights and obligations of the parties and their assignees,
the adjustment relief Registrar must send the following to the parties and their assignees, whose particulars are set out in the notice of objection:
(c)a notice of appointment of one or more adjustment relief assessors;
(d)a notice of the date and place for the hearing, if applicable.
(3)  Where a party or a party’s assignee who lodged with the adjustment relief Registrar any notice mentioned in section 65(1)(a) to (d) of the Act (called in this regulation the relevant notice) or a notice of objection mentioned in section 46(3) of the Act, is aware that —
(a)proceedings against a party or a party’s guarantor or surety in relation to any subsequent failure, future loss or accrued arrears (as the case may be) are pending in a court, an arbitral tribunal or other person or body, at the time that the notice was lodged;
(b)a copy of the notice of negotiation or the notice of revision (in relation to the relevant notice or the notice of objection) has been lodged with the court, arbitral tribunal or other person or body; and
(c)the adjustment relief Registrar has appointed an adjustment relief assessor to make a determination,
that party or party’s assignee must, no later than 2 working days after the date the adjustment relief Registrar sends the notice of appointment of the adjustment relief assessor, file with the court, or submit to the arbitral tribunal or other person or body, before which the proceedings are pending, a notification of the status of the proceedings before the adjustment relief assessor in Form 12.
(4)  A notification of the status of the proceedings 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)in the case of a relevant notice —
(A)a declaration of service of that notice on the persons required to be served; and
(B)a declaration of lodgment of that notice with the adjustment relief Registrar;
(iii)in the case of a notice of objection mentioned in section 46(3) of the Act —
(A)a declaration that the adjustment relief Registrar has refused to accept the notice of objection for lodgment; or
(B)a declaration that the notice of objection lodged under section 46(1) of the Act has been withdrawn; and
(b)be accompanied by —
(i)a copy of the relevant notice or notice of objection (as the case may be); and
(ii)a copy of the notice of appointment of the adjustment relief assessor.
Amendment of notice
29.—(1)  Without limiting regulation 35, the adjustment relief Registrar may, at any stage of the proceedings before an adjustment relief assessor’s determination and on the application of a party or a party’s assignee, allow that person to amend any notice that has been lodged by that person.
(2)  The application for amendment and the amended notice (if applicable) must be served on the other party or parties and their assignees (but not on the person making the application) by the prescribed mode of service.
Hearing and determination by adjustment relief assessor
30.—(1)  An adjustment relief assessor must, when carrying out his or her duties or exercising his or her powers under these Regulations, act independently, impartially and in a timely manner.
(2)  A hearing is generally to be held in an asynchronous manner by exchange of email.
(3)  However, an adjustment relief assessor may direct —
(a)the hearing be held via video conferencing, teleconferencing or other electronic means; or
(b)any one or more of the following persons to attend before the adjustment relief assessor for a hearing:
(i)a party to the specified contract in question;
(ii)an assignee of any party to the specified contract;
(iii)a person claiming under or through a person mentioned in sub‑paragraph (i) or (ii),
if the adjustment relief assessor is of the opinion that the interest of justice would be better served if the hearing is held in the manner mentioned in sub‑paragraph (a) or if one or more of the persons mentioned in sub‑paragraph (b) attend before the adjustment relief assessor for the hearing, as the case may be.
(4)  An adjustment relief assessor may issue such directions as are necessary or expedient for the conduct of the hearing, including a direction to a party to the determination to provide such further documents or information that the adjustment relief assessor requires to make a determination.
(5)  An adjustment relief assessor may do either one or both of the following:
(a)permit a person who may be affected by the adjustment relief assessor’s determination, to participate in or attend the hearing in question;
(b)give that person a chance to be heard before the determination is made.
(6)  An adjustment relief assessor may permit a person to be accompanied by an interpreter at the hearing.
(7)  An adjustment relief assessor may at any time adjourn a hearing or fix a date for a further hearing.
(8)  An adjustment relief assessor may dispense with a hearing and make a determination solely by reference to the forms and documents submitted, if the adjustment relief assessor is of the opinion that those forms and documents are sufficient for the adjustment relief assessor to make his or her determination.
Where adjustment relief assessor unable to continue with proceedings
31.—(1)  If an adjustment relief assessor who is hearing any proceedings or making a determination is unable for any reason to continue with the proceedings or determination, the adjustment relief Registrar may appoint a new adjustment relief assessor or adjustment relief assessors in place of that adjustment relief assessor to hear the proceedings or make the determination.
(2)  The new adjustment relief assessor may, as the justice of the case requires —
(a)continue with the proceedings or determination from where the proceedings or determination had previously stopped; or
(b)hear the proceedings or make the determination afresh.
Where person directed to attend is absent from hearing
32.—(1)  Where a person who is directed by the adjustment relief assessor to attend before the adjustment relief assessor for a hearing under regulation 30(3) is absent from the hearing, the adjustment relief assessor may —
(a)deem that the person has withdrawn the notice lodged by that person; or
(b)hear the proceedings and make a determination.
(2)  A decision or determination made under paragraph (1) may, on an application by the person mentioned in paragraph (1), be set aside by the adjustment relief assessor or another adjustment relief assessor if that adjustment relief assessor is satisfied that the person had a good reason for being absent from the hearing, and that it is just in the circumstances to set aside the decision or determination made in that person’s absence.
(3)  An application under paragraph (2) must —
(a)be in Form 13; and
(b)be submitted to the adjustment relief Registrar, and served on the parties to a determination concerned (but not on the person that submitted the application) by the prescribed mode of service, no later than 5 working days after the date of the adjustment relief assessor’s decision or determination made under paragraph (1) is sent to the parties to the determination or such longer period as the adjustment relief Registrar may allow.
(4)  Any party to a determination that wishes to oppose the application for setting aside must, within a period directed by the adjustment relief Registrar, submit to the adjustment relief Registrar and serve on the person that submitted the application under paragraph (2), and every other party to the determination, by the prescribed mode of service, a reply in Form 14.
(5)  Where an adjustment relief assessor hearing the application decides to set aside the decision or determination made under paragraph (1) —
(a)he or she may do so on such terms as he or she considers just; and
(b)he or she may proceed to hear the parties to the determination and make the determination in relation to the specified contract.
Determination must be unanimous where more than one adjustment relief assessor
33.  Where more than one adjustment relief assessor is appointed to make a determination, the determination must be unanimous.
Notification of status of proceedings, etc., to court, etc.
34.—(1)  This regulation applies where, in relation to a notice of negotiation or notice of revision lodged with the adjustment relief Registrar —
(a)the adjustment relief Registrar determines that no adjustment relief assessor needs to be appointed under section 65(2) of the Act; or
(b)the proceedings before an adjustment relief assessor in relation to that notice have been concluded because all the determinations required to be made in relation to that notice have been made.
(2)  Where the party who served the notice of negotiation or notice of revision under section 45(1) or 53(1) of the Act, is aware that —
(a)proceedings against that party or that party’s guarantor or surety, in relation to any subsequent failure, future loss or accrued arrears (as the case may be) were pending in a court, an arbitral tribunal or other person or body, at the time of the determination under paragraph (1)(a) or the conclusion of the proceedings under paragraph (1)(b) (called in this paragraph relevant time); and
(b)a copy of the notice of negotiation or notice of revision (as the case may be) had been lodged by that party with the court, arbitral tribunal or other person or body,
that party must, no later than 2 working days after the relevant time, file with the court, or submit to the arbitral tribunal or other person or body, before which the proceedings are pending, a notification of the status of the proceedings for a determination.
(3)  A notification of the status of the proceedings for a determination mentioned in paragraph (1) must —
(a)be in Form 12;
(b)contain information identifying the proceedings before the court, arbitral tribunal or other person or body; and
(c)be accompanied by —
(i)a copy of the adjustment relief assessor’s determination or determinations; or
(ii)a copy of the adjustment relief Registrar’s determination that no adjustment relief assessor needs to be appointed under section 65(2) of the Act.
Division 4 — General provisions
Effect of non‑compliance
35.—(1)  Where, in any proceedings under this Part that is before the adjustment relief Registrar or any proceedings before an adjustment relief assessor, there has been a failure to comply with any requirement of these Regulations, that failure is treated as an irregularity and does not nullify the proceedings in question, any step taken in the proceedings, or any direction or order given by the adjustment relief Registrar or adjustment relief assessor, unless otherwise provided in these Regulations or directed by the adjustment relief Registrar or adjustment relief assessor.
(2)  Without affecting paragraph (1), the adjustment relief Registrar or the adjustment relief assessor may, on his or her initiative or on an application by a party to a determination, do one or more of the following:
(a)allow that party to amend a notice lodged by that party, in order to comply with the requirements of these Regulations;
(b)make such directions dealing with the matter or proceeding as he or she thinks fit, including a direction to that party to provide any document or information required under these Regulations;
(c)direct the party who amended the notice or who provided the document or information, to inform the other parties to the determination of the amendment or provide a copy of the amended notice, document or information to the other parties to the determination.
Correction of error in adjustment relief assessor’s determination
36.  An adjustment relief assessor may, on his or her own motion or on the application of any person affected by an adjustment relief assessor’s determination made by the adjustment relief assessor in Form 15, correct any clerical mistake, or error arising from an accidental slip or omission, in the determination.
Extension of time
37.—(1)  The adjustment relief Registrar may —
(a)on his or her initiative; or
(b)on an application submitted to the adjustment relief Registrar,
and on such terms as the adjustment relief Registrar thinks just, extend, or further extend, in a particular case the period within which a party to a determination is required, by these Regulations or a direction of the adjustment relief Registrar, to submit to the adjustment relief Registrar, or serve on any other party to the determination, any document or form to be submitted to the adjustment relief Registrar, or served on a party to the determination, before the date an adjustment relief assessor is appointed to make a determination.
(2)  The adjustment relief assessor appointed to make a determination may —
(a)on his or her initiative; or
(b)on an application submitted to the adjustment relief assessor by a party to the determination,
and on such terms as the adjustment relief assessor thinks just, extend, or further extend, in a particular case the period within which a party to the determination is required by these Regulations to submit to the adjustment relief assessor, or serve on any other party to the determination, any document or form to be submitted to the adjustment relief assessor, or served on another party to the determination, on or after the date the adjustment relief assessor is appointed to make the determination.
(3)  The adjustment relief Registrar or adjustment relief assessor may extend the period mentioned in paragraph (1) or (2) even though —
(a)in the case of paragraph (1)(a) or (2)(a) — that period has expired; or
(b)in the case of paragraph (1)(b) or (2)(b) — the application for the extension is made after the expiration of that period.
Registry of Adjustment Relief Assessors
38.—(1)  For the purposes of the administration of Part 10 of the Act and these Regulations, there is to be established an office called the Registry of Adjustment Relief Assessors.
(2)  The Registry is under the control and supervision of the adjustment relief Registrar.
(3)  The office hours of the Registry are —
(a)between 8.30 a.m. and 6 p.m. of any day from Monday to Thursday (except public holidays);
(b)between 8.30 a.m. and 5.30 p.m. on Friday (except public holidays); but
(c)if any such day is the eve of the New Year, Lunar New Year or Christmas, between 8.30 a.m. and 12 noon.
Records
39.—(1)  The adjustment relief Registrar must keep the records of every determination, including the documents submitted by parties to the determination to an adjustment relief assessor.
(2)  The records may be kept in a manner and form determined by the adjustment relief Registrar.
(3)  After an adjustment relief assessor has made a determination, a person affected by the determination may, on payment of any fee that may be prescribed by an order under section 46(1) of the Interpretation Act (Cap. 1) and subject to the adjustment relief Registrar’s permission —
(a)search the record relating to that determination; and
(b)take a copy of the record.
(4)  The records must be kept for a period of 2 years after the date of the adjustment relief assessor’s determination.
Adjustment relief Registrar’s directives
40.—(1)  The adjustment relief Registrar may issue directives for the purposes of these Regulations and for proceedings before an adjustment relief assessor.
(2)  Without limiting paragraph (1), an adjustment relief Registrar’s directive may provide guidance on the following:
(a)the practice and procedure for the use of the electronic system;
(b)documents and information that must accompany a specified notice, and other documents and information that may be required by the adjustment relief Registrar or an adjustment relief assessor for an adjustment relief assessor’s determination;
(c)the practice and procedure for an application for an extension of time and any other application in the proceedings for an adjustment relief assessor’s determination;
(d)the practice and procedure for searching and taking copies of records of the adjustment relief Registrar kept under regulation 39.
Publication of determinations
41.  Where, in the adjustment relief Registrar’s opinion, an adjustment relief assessor’s determination ought to be published, the adjustment relief Registrar may publish the facts of the case, the arguments and the determination without disclosing the names of the parties to a determination concerned or any information that may disclose their identities.