No. S 273
Infectious Diseases Act
(CHAPTER 137)
Infectious Diseases
(Mass Gathering Testing for
Coronavirus Disease 2019)
Regulations 2021
In exercise of the powers conferred by section 73(1) of the Infectious Diseases Act, the Minister for Health makes the following Regulations:
PART 1
PRELIMINARY
Citation and commencement
1.  These Regulations are the Infectious Diseases (Mass Gathering Testing for Coronavirus Disease 2019) Regulations 2021 and come into operation on 24 April 2021.
General definitions
2.—(1)  In these Regulations, unless the context otherwise requires —
“approved test” means any of the following tests carried out in Singapore in relation to an individual, the purpose of which is to test for the presence of SARS-CoV-2 in that individual:
(a)a polymerase chain reaction test;
(b)an antigen rapid test;
“approved test provider” means a person —
(a)who has an approval under the Infectious Diseases (Antigen Rapid Test Providers) Regulations 2021 (G.N. No. S 267/2021) to provide, in the course of business at any premises in Singapore, a service involving the carrying on of any approved test for hire or reward; or
(b)to whom a licence is issued under the Private Hospitals and Medical Clinics Act (Cap. 248) to carry on any approved test for hire or reward at any premises in Singapore;
“approved vaccine” means a vaccine described in the First Schedule;
“building” includes part of a building;
“cleared status” means —
(a)cleared status (general); or
(b)cleared status (limited) in relation to a restricted place;
“cleared status certificate” means a certificate granted by the Director under regulation 6(2), (3) or (4) or 7(2) certifying that the individual specified in the certificate has a cleared status according to that regulation;
“cleared status (general)” and “cleared status (limited)” have the respective meanings given by regulations 6 and 7;
“Control Order” means any of the following:
(a)the COVID-19 (Temporary Measures) (Control Order) Regulations 2020 (G.N. No. S 254/2020);
(b)the COVID‑19 (Temporary Measures) (Performances and Other Activities — Control Order) Regulations 2020 (G.N. No. S 927/2020);
(c)the COVID‑19 (Temporary Measures) (Sporting Events and Activities — Control Order) Regulations 2021 (G.N. No. S 277/2021);
(d)the COVID‑19 (Temporary Measures) (Major Business Events — Control Order) Regulations 2021 (G.N. No. S 278/2021);
“digital cleared status certificate” means a cleared status certificate granted in a digital form described in regulation 4(1);
“employee”, in relation to a person, includes a volunteer who does work for the person with the knowledge or consent of that person;
“enhanced entry control” means a requirement in any of the Control Orders requiring procedures and protocols to ensure that any individual, without a cleared status, does not enter or remain within a restricted place during a restricted period;
“entrant”, in relation to a restricted place, means an individual who is about to enter or is in the restricted place, regardless of age;
“guest”, in relation to a wedding, has the meaning given by Part 2 of the Second Schedule;
“occupier”, for a restricted place, has the meaning given by regulation 3;
“reasonable excuse”, in relation to a person doing or omitting to do any act in contravention of any provision in these Regulations that constitutes an offence, includes doing or omitting to do, in good faith and for the purpose of the person complying with or giving effect to —
(a)any other written law; or
(b)any order or requirement of —
(i)the Government or a public body; or
(ii)an individual acting under the authority or direction of the Government or a public body,
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;
“recognised medical practitioner”, for any provision of these Regulations, means a legally qualified medical practitioner in Singapore approved by the Director for the purposes of that provision in these Regulations;
“recognised vaccination provider” means an individual or a body approved by the Government to administer an approved vaccine in Singapore for the purposes of these Regulations;
“recovered individual” means an individual who —
(a)tests positive for SARS-CoV-2 upon undergoing (whether before, on or after 24 April 2021) any of the following:
(i)a polymerase chain reaction test in Singapore;
(ii)a polymerase chain reaction test outside Singapore, and a subsequent serology test in Singapore that is not attributable to the administration of any vaccine against a COVID‑19 infection;
(iii)a serology test in Singapore that is not attributable to the administration of any vaccine against a COVID‑19 infection, without having tested positive for SARS‑CoV‑2 upon undergoing a polymerase chain reaction test in Singapore;
(b)is diagnosed (whether before, on or after 24 April 2021) as having had a COVID‑19 infection; and
(c)is not actively infected with a COVID-19 infection;
“relevant sampling activity” means removing a respiratory specimen from the lining of the oral or nasal passages of an individual where that is being done for the purpose of testing the presence of SARS‑CoV-2 in that individual;
“respiratory specimen” includes human biological tissue, saliva or mucus;
“restricted period”, for a restricted place, means the period specified in Part 1 of the Second Schedule opposite the restricted place;
“restricted place” means any place specified or described in Part 1 of the Second Schedule except any premises if also a place of residence;
“sporting activity” and “sporting event” have the respective meanings given by Part 2 of the Second Schedule;
“vaccinated”, in relation to an approved vaccine, means vaccinated against a COVID‑19 infection by a recognised vaccination provider using the approved vaccine in the way described in the First Schedule;
“wedding” means an organised gathering of individuals in connection with the celebration of a single marriage, being a marriage in respect of which no organised gathering has earlier taken place in connection with the celebration of that marriage, and where a solemnization of a single marriage according to proceedings prescribed by written law and without virtual participation take place —
(a)concurrently with or in a manner indistinguishable from an organised gathering made in connection with the celebration of a marriage; or
(b)at any premises are followed immediately or without a break by an organised gathering made in connection with the celebration of the marriage at the same premises (whether or not in the same room or place),
the gathering of individuals at the proceedings in paragraph (a) or (b) must be treated instead as a wedding for the purposes of these Regulations.
(2)  For the purposes of these Regulations, an individual is treated as undergoing or having undergone an approved test where an approved test is applied to any respiratory specimen taken from the individual in the course of a relevant sampling activity.
(3)  In reckoning a period for the purposes of these Regulations, days must be counted consecutively, whether or not a public holiday.
Meaning of “occupier” of restricted place
3.—(1)  Subject to paragraphs (2) and (3), a person is, for the purposes of these Regulations, an occupier of a restricted place during a restricted period if the person has —
(a)the charge, management or control of the restricted 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 restricted place during that period.
(2)  If different parts of a restricted place are occupied by different persons, then for the purposes of these Regulations, a person is an occupier of a part of the restricted place during a restricted period if the person has —
(a)the charge, management or control of that part of the restricted 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 restricted place, during that period.
(3)  If a restricted place or a part of a restricted place is used for a wedding relating to a marriage, then for the purposes of these Regulations, a person is an occupier of the restricted place or part of the restricted place when so used if the person is any person (whether or not for reward and whether jointly or otherwise) who procures for, or supplies to, any party to the marriage, the restricted place or the part of a restricted place and any goods and services for the celebration arrangements in connection with the holding of the wedding.
(4)  However, a person is not an occupier of any restricted place or part of a restricted place by reason only of being a lodger of the restricted place or part thereof.
Digital certificates and automated decision making, etc.
4.—(1)  To avoid doubt, a cleared status certificate may be granted under these Regulations in a digital form, consisting of evidence of the grant of the certificate (using information about the individual to whom the certificate relates) that is displayed on a mobile communication device or other electronic device.
(2)  For the purposes of these Regulations, any decision, assessment or certification which may be made or granted by the Director under any provision in these Regulations may also be made or granted —
(a)by a public officer or other individual acting under the authority of the Director; or
(b)by a computer for whose operation the Director or a public officer mentioned in sub‑paragraph (a) is responsible.
Exception for discharging public duties
5.  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.
Made on 23 April 2021.
NG HOW YUE
Permanent Secretary
(Health Development),
Ministry of Health,
Singapore.
[AG/LEGIS/SL/137/2020/13 Vol. 1]