COVID-19 (Temporary Measures) (Part 10 Relief) Regulations 2021

No. S 23

COVID‑19 (Temporary Measures) Act 2020

(ACT 14 OF 2020)

COVID‑19 (Temporary Measures)
(Part 10 Relief) Regulations 2021

In exercise of the powers conferred by section 79 of the COVID‑19 (Temporary Measures) Act 2020, the Minister for Law makes the following Regulations:

PART 1

PRELIMINARY

Citation and commencement

1.  These Regulations are the COVID‑19 (Temporary Measures) (Part 10 Relief) Regulations 2021 and come into operation on 15 January 2021.

Definitions

2.  In these Regulations, unless the context otherwise requires —

“accrued arrears” means any amount mentioned in section 53(4)(a) of the Act or any interest or other charge (however described) on that amount;

“adjustment relief Registrar’s directives” means directives issued by the adjustment relief Registrar under regulation 40;

“CorpPass” means the identity authentication service known as Singapore Corporate Access, by which an entity authenticates its identity in order to carry out an online transaction with the Government or a public body;

“CorpPass credential” means any username, password or 2‑factor authentication detail required to authenticate, using CorpPass, the identity of an entity;

“designated email address”, in relation to a person, means —

(a) in the case of a party who served a notice of negotiation, notice of revision or notice of negotiation for contract of national interest under section 45(1), 53(1) or 61(1) of the Act —

(i) that party’s email address as specified in the notice; or

(ii) if that party has submitted any form or document to the adjustment relief Registrar or an adjustment relief assessor in relation to the notice in which another email address is specified as that party’s email address — that other email address;

(b) in the case of a party or assignee who lodged with the adjustment relief Registrar a notice of objection, notice for adjustment or notice for compensation under section 46(1), 47(1) or 51(1) of the Act —

(i) that party’s or assignee’s email address as specified in the notice; or

(ii) if that party or assignee has submitted any form or document to the adjustment relief Registrar or an adjustment relief assessor in relation to the notice in which another email address is specified as that party’s or assignee’s email address — that other email address; or

(c) in the case of any other person — the email address designated by that person for the purpose of receiving documents or communications under Part 10 of the Act or these Regulations;

“designated postal address”, in relation to a person, means —

(a) in the case of a party who served a notice of negotiation, notice of revision or notice of negotiation for contract of national interest under section 45(1), 53(1) or 61(1) of the Act —

(i) that party’s postal address as specified in the notice; or

(ii) if that party has submitted any form or document to the adjustment relief Registrar or an adjustment relief assessor in relation to the notice in which another postal address is specified as that party’s postal address — that other postal address; or

(b) in the case of a party or assignee who lodged with the adjustment relief Registrar a notice of objection, notice for adjustment or notice for compensation under section 46(1), 47(1) or 51(1) of the Act —

(i) that party’s or assignee’s postal address as specified in the notice; or

(ii) if that party or assignee has submitted any form or document to the adjustment relief Registrar or an adjustment relief assessor in relation to the notice of objection, notice for adjustment or notice for compensation, in which another postal address is specified as that party’s or assignee’s postal address — that other postal address; or

(c) in the case of any other person — the postal address designated by that person for the purpose of receiving documents or communications under Part 10 of the Act or these Regulations;

“determination” means a determination under section 66 or 67 of the Act;

“electronic system” means the electronic system established under regulation 8;

“future loss”, in relation to a specified contract that is terminated under any other written law or rule of law mentioned in section 43(6) of the Act, means any expense or loss incurred or suffered by a party to the contract or a party’s assignee, in relation to the period of the specified contract after the date of termination, as a consequence of any breach of the specified contract by any other party to the contract;

“ordinary address” means —

(a) in the case of a body corporate (including a limited liability partnership) or an unincorporated association —

(i) the body corporate’s or unincorporated association’s registered office, or principal office, in Singapore; or

(ii) in the absence of a registered office, or principal office, in Singapore, the body corporate’s or unincorporated association’s last known place of business in Singapore;

(b) in the case of an individual, the individual’s usual or last known place of residence or business in Singapore; or

(c) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore;

“party”, in relation to a determination, means —

(a) the party who lodged with the adjustment relief Registrar the notice of objection, notice for adjustment, notice for compensation or notice for repricing; or

(b) a person who is served the notice of objection, notice for adjustment, notice for compensation or notice for repricing under section 46(1), 47(2), 51(1), 54(1) or 61(2) of the Act or regulation 13(2), 15(2), 17(2), 20(2) or 23(2),

in relation to which an adjustment relief assessor is to be appointed under section 65(1) or (2) of the Act to make the determination;

“prescribed mode of service” has the meaning given by regulation 6;

“Registry” means the Registry of Adjustment Relief Assessors established under regulation 38;

“SingPass” means the identity authentication service, known as Singapore Personal Access, by which an individual authenticates the individual’s identity in order to carry out an online transaction with the Government or a public body;

“SingPass credential” means any username, password or 2‑factor authentication detail required to authenticate, using SingPass, the identity of an individual;

“specified notice” means any of the following:

(a) a notice of negotiation;

(b) a notice of revision;

(c) a notice of objection;

(d) a notice for adjustment;

(e) a notice for compensation;

(f) a notice of negotiation for contract of national interest;

(g) a notice for repricing;

“subsequent failure”, in relation to a specified contract, means any failure to perform any obligation under the specified contract by any party to the contract, during the period of moratorium applicable to a person served with a notice of negotiation in relation to the contract, in Part 1 of the Fifth Schedule to the Act;

“working day” means any day other than a Saturday, Sunday or public holiday.

PART 2

GENERAL MATTERS

Prescribed assessment factors

3.  For the purposes of section 43(4)(a) of the Act, the following are prescribed factors for determining the compensation mentioned in section 43(3) of the Act:

(a) the expected loss of any rent, licence fee or other moneys, in relation to the remaining period of the lease or licence after the date of termination;

(b) the period that the adjustment relief assessor determining the compensation considers reasonable for B to find a replacement tenant or licensee;

(c) any other factors, in relation to the lease or licence or a party to the lease or licence, that the adjustment relief assessor considers relevant to determining a just and fair compensation in the case.

Prescribed rate for section 53(4)( a )(iii) of Act

4.  For the purposes of section 53(4)(a)(iii) of the Act, the prescribed interest rate is the lower of the following:

(a) 5% per annum;

(b) the applicable interest rate in the specified contract in question, calculated on a per annum basis.

Forms and documents

5.—(1)  The forms to be used for the purposes of these Regulations are those set out on the Internet website at http://www.go.gov.sg/re‑align, and any reference in these Regulations to a numbered form is a reference to the current version of the form bearing the corresponding number that is displayed at that website.

(2)  Every form to be served on any person or submitted to the adjustment relief Registrar or an adjustment relief assessor making a determination must —

(a) contain such particulars;

(b) comply with such requirements; and

(c) be accompanied by such documents,

as may be specified —

(d) in the form;

(e) by the adjustment relief Registrar or the adjustment relief assessor; and

(f) in the adjustment relief Registrar’s directives,

whichever is applicable.

(3)  Every form or document to be filed with a court must comply with such requirements as may be specified by the court or the registrar of the court.

(4)  Any form may be used in a particular case with such variations as the circumstances of the case may require.

Prescribed mode of service

6.—(1)  In these Regulations, a person (X) serves a document on another person (Y) by the prescribed mode of service if —

(a) X sends the document to Y’s last email address using the electronic system;

(b) where X is for any reason unable to send the document in the manner described in sub‑paragraph (a) — X sends the document to Y’s last email address using any other means;

(c) where X is for any reason unable to send the document in the manner described in sub‑paragraphs (a) and (b), and either —

(i) Y has an account for the use of an internet‑based messaging service, and that service provides a mechanism for Y to receive electronic communications in that account; or

(ii) Y is the owner or operator of an Internet website, a blog or a page on any social media or social networking Internet website, and that Internet website, blog or page on that social media or social networking Internet website provides a mechanism for Y to receive electronic communications on that Internet website, blog or page on that social media or social networking Internet website,

and the mechanism in sub‑paragraph (i) or (ii) is the means or one of the means by which X corresponds with Y on matters concerning the specified contract in question — X sends an electronic communication of that document to Y using that mechanism;

(d) where X is for any reason unable to send the document in the manner described in sub‑paragraphs (a), (b) and (c) —

(i) X sends the document —

(A) to an email address, place of business, registered office, or other place or platform for receiving communications; and

(B) by a mode of service,

specified in the specified contract in question for serving any notice under that contract; and

(ii) X sends the document to Y’s last postal address by prepaid registered post, if this is not a mode of service mentioned in sub‑paragraph (i); or

(e) where X is for any reason unable to send the document in the manner described in sub‑paragraphs (a) to (d) — X sends the document to Y’s last postal address by prepaid registered post.

(2)  In paragraph (1) —

“document” includes a form;

“last email address” means —

(a) Y’s designated email address; or

(b) if Y has no designated email address — an email address by which X corresponds with Y on matters concerning the specified contract in question, or (if there is no such email address) an email address which Y represents to X as the email address to which communications to Y may be sent;

“last postal address” means —

(a) Y’s designated postal address; or

(b) if Y has no designated postal address — Y’s ordinary address.

When service takes effect and proof of service

7.—(1)  Service of a document on a person takes effect —

(a) if it is sent to an email address — at the time that the document becomes capable of being retrieved by the person;

(b) if it is sent by an electronic communication using a mechanism mentioned in regulation 6(1)(c) — at the time that the document becomes capable of being retrieved by the person;

(c) if it is sent to a postal address by prepaid registered post — on the second day after the day the document was posted (even if it is returned undelivered); or

(d) if it is sent in accordance with regulation 6(1)(d) — on the second day after the day the document was posted by prepaid registered post (even if it is returned undelivered).

(2)  In proving service of any document sent by registered post to any person, it is sufficient to prove that the envelope containing the document was properly addressed to that person, stamped and posted by registered post.

(3)  In this regulation, “document” includes a form.

Electronic system

8.—(1)  An electronic system is established for the purposes mentioned in paragraph (2).

(2)  The purposes of the electronic system are —

(a) to facilitate the service or lodgment of any specified notice under Part 10 of the Act;

(b) to facilitate the submission of forms and documents to the adjustment relief Registrar or an adjustment relief assessor in relation to the specified notice and the proceedings thereto; and

(c) to facilitate the service of those forms and documents.

Use of electronic system

9.—(1)  Subject to paragraph (3), in order to access the electronic system to carry out an act involving an individual (X) —

(a) X must authenticate X’s identity using X’s SingPass; or

(b) an individual (Y) who is authorised by X to carry out using the electronic system any act involving X, must —

(i) authenticate X’s identity using X’s SingPass; or

(ii) authenticate Y’s identity using Y’s SingPass.

(2)  Subject to paragraph (4), an individual or a person (Z) who is authorised by an entity to carry out using the electronic system any act involving the entity, must —

(a) authenticate the entity’s identity by using the entity’s CorpPass; or

(b) authenticate Z’s identity using Z’s CorpPass or SingPass,

in order to access the electronic system to carry out that act for the entity.

(3)  X must not facilitate the use, by any unauthorised person, of X’s SingPass credentials to access the electronic system.

(4)  An entity must not facilitate the use, by any unauthorised person, of the entity’s CorpPass credentials to access the electronic system.

 

Made on 14 January 2021.

LAI WEI LIN

Permanent Secretary,
Ministry of Law,
Singapore.

[LAW 63/009 COVID Relief-V1; AG/LEGIS/SL/65C/2020/17 Vol. 1]