PART 1 | 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. |
2.—(1) In these Regulations, unless the context otherwise requires —| “approved test” has the meaning given by the Infectious Diseases (Mass Gathering Testing for Coronavirus Disease 2019) Regulations 2021 (G.N. No. S 273/2021); [S 585/2021 wef 10/08/2021] |
| “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) and includes an individual lawfully present in or around a live performance venue who is attending or watching the live performance (such as busking outdoors) 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; [S 1071/2020 wef 28/12/2020] |
|
| “audience participation” does not include applause or approval expressed by handclapping while seated and without any accompanying verbal exhortations, singing or whistling; [S 276/2021 wef 24/04/2021] |
| “building” includes part of a building; |
| “business event” means a business event to which the COVID-19 (Temporary Measures) (Business Events — Control Order) Regulations 2021 (G.N. No. S 278/2021) apply; [S 617/2021 wef 19/08/2021] [S 859/2021 wef 10/11/2021] |
| “cleared status” has the meaning given by the Infectious Diseases (Mass Gathering Testing for Coronavirus Disease 2019) Regulations 2021 (G.N. No. S 273/2021); [S 276/2021 wef 24/04/2021] |
“Control Order” means any of the following:| (a) | the Main Control Order; | | (b) | these Regulations; | | (c) | the COVID-19 (Temporary Measures) (Foreign Employee Dormitories — Control Order) Regulations 2020 (G.N. No. S 781/2020); | | (d) | the COVID-19 (Temporary Measures) (Sporting Events and Activities — Control Order) Regulations 2021 (G.N. No. S 277/2021); | | (e) | the COVID-19 (Temporary Measures) (Business Events — Control Order) Regulations 2021; [S 276/2021 wef 24/04/2021] [S 617/2021 wef 19/08/2021] |
|
| “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; |
| “enhanced entry control” means any requirement described in regulation 12A(3); [S 276/2021 wef 24/04/2021] |
| “interviewee” means an individual who is being or is to be interviewed by an interviewer at a media conference, and includes an individual acting as a moderator or chair of proceedings at the media conference; [S 984/2020 wef 03/12/2020] |
| “interviewer” means an individual who is conducting or is to conduct an interview of, or is asking or is to ask questions of, an interviewee at a media conference; [S 984/2020 wef 03/12/2020] |
“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, [S 276/2021 wef 24/04/2021] | | (i) | [Deleted by S 276/2021 wef 24/04/2021] |
| 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 gymnastics, a martial art, any combat sport entertainment or sporting competition; [S 276/2021 wef 24/04/2021] | | (o) | any activity described in paragraphs (a) to (h) engaged in during the conduct of any lesson, coaching or instruction provided by a permitted enterprise carrying on an education business; [S 276/2021 wef 24/04/2021] |
|
“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, provided the room is not within a place where a retail liquor business is for the time being carried on; [S 984/2020 wef 03/12/2020] | | (c) | any place mentioned in regulation 5(2) where a live performance may be approved under regulation 19(1) to take place; [S 1071/2020 wef 28/12/2020] |
|
| “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; |
|
“media conference” means a meeting or gathering in person that —| (a) | is attended mainly by recognised reporters, or intended mainly for recognised reporters to attend; | | (b) | is organised for the primary purpose of distributing information to, and answering questions from, 2 or more providers of radio, television, newspaper and other mass media services so as to obtain publicity for a particular matter; and | | (c) | is conducted wholly in an indoor seated area; [S 984/2020 wef 03/12/2020] |
|
| “occupier”, in relation to a live performance venue, has the meaning given by regulation 11(2); [S 276/2021 wef 24/04/2021] |
“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; |
|
| “promoter”, of a media conference, means a person (whether or not a permitted enterprise and whether jointly or otherwise) who has charge and control of the organisation of and other arrangements necessary for the media conference to be held, and includes any person on whose behalf a media conference is or is being held; [S 984/2020 wef 03/12/2020] |
| [Deleted by S 859/2021 wef 10/11/2021] |
“recognised reporter”, in relation to a media conference, means an individual who —| (a) | is authorised by a provider of radio, television, newspaper or other mass media services; and | | (b) | is invited by a promoter of the media conference, |
| to be an interviewer during or to otherwise attend the media conference; |
[S 984/2020 wef 03/12/2020] |
| “retail liquor business” has the meaning given by regulation 13(3) of the Main Control Order; [S 984/2020 wef 03/12/2020] |
“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 2 metres away from the perimeter of another segregation zone; [S 859/2021 wef 10/11/2021] |
|
|
| “sporting event” has the meaning given by the COVID-19 (Temporary Measures) (Sporting Events and Activities — Control Order) Regulations 2021; [S 859/2021 wef 10/11/2021] |
“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; |
| “unmasking concession for public speaking” has the meaning given by the Main Control Order; [S 859/2021 wef 10/11/2021] |
| “work”, whether dramatic, literary or musical, includes part of such work. |
| (2) For the purposes of these Regulations, a live performance is staged by the person who makes the arrangements necessary for the performance (including elements of the performance not consisting of sounds) to take place. [S 276/2021 wef 24/04/2021] |
| (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 60 minutes before the time that the live performance is stated will begin on any marketing material relating to the live performance; and [S 276/2021 wef 24/04/2021] | | (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. |
| (6) For the purposes of these Regulations, an individual is treated as undergoing or having undergone an approved test in the same manner as under the Infectious Diseases (Mass Gathering Testing for Coronavirus Disease 2019) Regulations 2021. [S 585/2021 wef 10/08/2021] |
|
| 3.—(1) Subject to paragraphs (2) and (3), Part 2 applies 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. [S 984/2020 wef 03/12/2020] (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 Part 3 of the COVID‑19 (Temporary Measures) (Business Events — Control Order) Regulations 2021, [S 717/2021 wef 27/09/2021] |
| 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. |
|
| (4) Part 3 applies to and in relation to any media conference held on or after 3 December 2020. [S 984/2020 wef 03/12/2020] |
| (5) Part 3 applies despite regulation 8(2)(e) of the COVID‑19 (Temporary Measures) (Foreign Employee Dormitories — Control Order) Regulations 2020 (G.N. No. S 781/2020) if the media conference is allowed to take place in a specified dormitory. [S 984/2020 wef 03/12/2020] |
|
| 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. |
|
|
|
