No. S 273
Infectious Diseases Act
(CHAPTER 137)
Infectious Diseases (COVID-19 Access Restrictions and Clearance) 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 (COVID-19 Access Restrictions and Clearance) Regulations 2021 and come into operation on 24 April 2021.
[S 991/2021 wef 01/01/2022]
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;
“atypical finding for SARS-CoV-2”, for an individual who undergoes an approved test or tests, means a determination by or under the authority of the Director, or by a legally qualified medical practitioner in Singapore, that the individual is neither —
(a)actively infected with a COVID-19 infection; nor
(b)a carrier of COVID-19,
despite a report by the approved test provider carrying out the approved test or tests that the individual tests positive for SARS‑CoV‑2;
[S 590/2021 wef 10/08/2021]
“bar” means any place or premises at which a retail liquor business is for the time being carried on;
[S 774/2021 wef 13/10/2021]
“building” includes part of a building;
“celebrant”, in relation to a marriage, has the meaning given by Part 2 of the Second Schedule;
[S 513/2021 wef 12/07/2021]
“cleared status” means —
(a)a cleared status (general) that is current;
[S 908/2021 wef 01/12/2021]
(b)a cleared status (special) that is current; or
[S 991/2021 wef 01/01/2022]
(c)a cleared status (overseas temporary) that is current;
[S 991/2021 wef 01/01/2022]
[S 590/2021 wef 10/08/2021]
“cleared status certificate” means a certificate granted by the Director under regulation 6(2), (3), (4), (5) or (5A), 7A(2), (3) or (4) or 7B(2) certifying that the individual specified in the certificate has a cleared status according to that regulation;
[S 590/2021 wef 10/08/2021]
[S 908/2021 wef 01/12/2021]
[S 991/2021 wef 01/01/2022]
“cleared status (general)” has the meaning given by regulation 6;
[S 991/2021 wef 01/01/2022]
“cleared status (overseas temporary)” has the meaning given by regulation 7B;
[S 991/2021 wef 01/01/2022]
“cleared status (special)” has the meaning given by regulation 7A;
[S 908/2021 wef 01/12/2021]
“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) (Business Events — Control Order) Regulations 2021 (G.N. No. S 278/2021);
[S 620/2021 wef 19/08/2021]
(e)the COVID-19 (Temporary Measures) (Religious Gatherings — Control Order) Regulations 2021 (G.N. No. S 509/2021);
[S 513/2021 wef 12/07/2021]
“current”, for any cleared status, has the meaning given by regulation 8A;
[S 590/2021 wef 10/08/2021]
“defined approved vaccine” means —
(a)Sinopharm COVID‑19 vaccine; or
(b)Sinovac‑Coronavac COVID-19 vaccine;
[S 991/2021 wef 01/01/2022]
“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;
“medical treatment” includes a medical consultation, and a diagnostic procedure connected with any medical treatment;
[S 9/2022 wef 06/01/2022]
“nationwide approved vaccine” means any of the following approved vaccines:
(a)Tozinameran (Pfizer-BioNTech COVID-19 vaccine or Comirnaty COVID-19 vaccine);
(b)Moderna COVID‑19 vaccine;
(c)Sinovac‑Coronavac COVID-19 vaccine;
[S 908/2021 wef 01/12/2021]
[Deleted by S 324/2021 wef 16/05/2021]
“nuptial event” means —
(a)a solemnization of a marriage; or
(b)a wedding;
[S 513/2021 wef 12/07/2021]
“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”, in relation to an approved vaccine, means an individual or a body approved by or accredited with the Government, in relation to the approved vaccine, to administer it for the purposes of these Regulations;
[S 590/2021 wef 10/08/2021]
“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 or an antigen rapid test in or outside Singapore on or after 6 January 2022, and a subsequent serology test in Singapore that is not attributable to the administration of any vaccine against a COVID‑19 infection;
[S 9/2022 wef 06/01/2022]
(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 or an antigen rapid test;
[S 9/2022 wef 06/01/2022]
(iv)an antigen rapid test in Singapore on or after 6 January 2022 that is performed by or under the direction of the individual’s treating doctor in the course of providing medical treatment to the individual because the individual has acute respiratory symptoms;
[S 9/2022 wef 06/01/2022]
(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 assessment activity” means ascertaining the results of an approved test on a respiratory specimen from an individual and recording the results, even if uncertain or invalid;
[S 768/2021 wef 11/10/2021]
“relevant retail shopping centre” means a retail shopping centre, bulky retail shop or other retail shop to which regulation 10A of the COVID-19 (Temporary Measures) (Control Order) Regulations 2020 applies;
[S 774/2021 wef 13/10/2021]
“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 a relevant testing activity;
[S 768/2021 wef 11/10/2021]
“relevant testing activity” means subjecting the respiratory specimen from an individual to an approved test for the purpose of testing the presence of SARS-CoV-2 in that individual;
[S 768/2021 wef 11/10/2021]
“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;
“retail business” means a business the principal purpose of which is —
(a)selling goods by retail;
(b)providing retail services; or
(c)hiring by retail, or displaying goods for the purpose of selling them by retail or hiring them out;
[S 774/2021 wef 13/10/2021]
“retail food and drinks business” means a business or an undertaking or activity at any premises or place that involves, in whole or part, the preparation of food or drinks (or both) intended for sale predominantly for immediate consumption;
[S 774/2021 wef 13/10/2021]
“retail food and drinks establishment” means any premises or place the principal purpose of which is to carry on a retail food and drinks business, whether or not the premises or place is part of a hotel, club, retail shopping centre, food court or market;
[S 774/2021 wef 13/10/2021]
“retail liquor business” means a business the principal purpose of which is to supply at any premises or place liquor for immediate consumption on the premises or place, and that —
(a)is not part of a retail food and drinks establishment;
(b)is not the subject of a licence issued under section 32 of the Environmental Public Health Act (Cap. 95) that is stated to be a Foodshop (Restaurant) or Foodshop (Snack Counter) licence; and
(c)is or may reasonably be characterised as a pub or bar, but not a nightclub or hostessing club;
[S 774/2021 wef 13/10/2021]
“retail shop” means any premises or place used for retail business (such as a supermarket, department store, retail food and drinks establishment or retail market) but does not include a vending machine;
[S 774/2021 wef 13/10/2021]
“sale”, in relation to food or drinks for human consumption, includes supplying food or drinks or both (whether or not for consideration) in the course of providing other services;
[S 774/2021 wef 13/10/2021]
“solemnization of a marriage” means a ceremony at which a single marriage is solemnized according to proceedings prescribed by written law and without virtual participation, except that where —
(a)those proceedings take place concurrently with or in a manner indistinguishable from an organised gathering made in connection with the celebration of a marriage; or
(b)those proceedings 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;
[S 513/2021 wef 12/07/2021]
“sporting activity” and “sporting event” have the respective meanings given by Part 2 of the Second Schedule;
“suspended status interval” has the meaning given by regulation 8A(4);
[S 590/2021 wef 10/08/2021]
“treating doctor”, for an individual, means a legally qualified medical practitioner who, in the course of providing medical treatment of the individual as a patient thereof, assesses the individual’s condition, whether remotely or in person;
[S 9/2022 wef 06/01/2022]
“uncleared junior” means a child who is below 13 years of age and without a cleared status;
[S 590/2021 wef 10/08/2021]
“vaccinated” means vaccinated against a COVID‑19 infection by a recognised vaccination provider using (whether before, on or after 10 August 2021) an approved vaccine or a combination of approved vaccines in the way described in the First Schedule;
[S 324/2021 wef 16/05/2021]
[S 513/2021 wef 12/07/2021]
[S 590/2021 wef 10/08/2021]
[S 908/2021 wef 01/12/2021]
“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.
[S 513/2021 wef 12/07/2021]
[Deleted by S 324/2021 wef 16/05/2021]
(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.
(4)  To avoid doubt, for the purpose of determining whether an individual is vaccinated, any amendment to the First Schedule which inserts, or deletes and substitutes, any vaccine in the First Schedule applies in relation to any individual who is administered that vaccine even before the date the amendment to that Schedule comes into operation.
[S 908/2021 wef 01/12/2021]
Meaning of “occupier” of restricted place
3.—(1)  Subject to paragraphs (2), (3) and (3A), 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.
[S 774/2021 wef 13/10/2021]
(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 nuptial event 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 nuptial event.
[S 324/2021 wef 16/05/2021]
(3A)  If a restricted place is a relevant retail shopping centre, the person who, by virtue of regulation 10A(5) of the COVID-19 (Temporary Measures) (Control Order) Regulations 2020, is the relevant occupier of the relevant shopping centre is, for the purposes of these Regulations, the occupier of such a restricted place.
[S 774/2021 wef 13/10/2021]
(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]