PART 2 | Circumstances in which section 5 of Act inapplicable |
3.—(1) For the purposes of section 5(14) of the Act, section 5 of the Act does not apply to a construction contract or supply contract to the extent that it contains provisions under which a party undertakes to carry out construction work, or supply goods or services, as an employee of the party for whom the construction work is to be carried out or the goods or services are to be supplied.(2) In paragraph (1) —| “construction work”, “goods” and “services” have the meanings given by section 3 of the Building and Construction Industry Security of Payment Act (Cap. 30B); |
| “employee” has the meaning given by section 2(1) of the Employment Act (Cap. 91). |
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| Other prescribed actions for section 5(3)(o) of Act |
3A.—(1) The following actions are prescribed for the purposes of section 5(3)(o) of the Act:| (a) | the increase of any charges (however described) or interest rate for interest payable under a scheduled contract, except where —| (i) | the amount of the increase is specified in the contract or is to be calculated by reference to a formula or other matter (such as a reference rate) set out in the contract; | | (ii) | the increase relates to a charge that is provided for or permitted in the contract, where such charge relates to recovery of expenses reasonably incurred by the other party to the contract (not being the party who is or will be unable to perform the subject obligation) in the ordinary course of business; or [S 874/2020 wef 09/10/2020] | | (iii) | the party who is or will be unable to perform the subject obligation under the contract agrees to the increase; [S 874/2020 wef 09/10/2020] |
| | (b) | the imposition of any new charges under a scheduled contract, except with the agreement of the party who is or will be unable to perform the subject obligation under the contract; [S 874/2020 wef 09/10/2020] | | (c) | requiring that any part of a security deposit given pursuant to a scheduled contract be replaced by the party who is or will be unable to perform the subject obligation under the contract, except with the agreement of that party; [S 874/2020 wef 09/10/2020] | | (d) | [Deleted by S 874/2020 wef 09/10/2020] | | (e) | the termination by the housing developer of an agreement mentioned in paragraph 1(j) of the First Schedule to the Act; [S 874/2020 wef 09/10/2020] [S 18/2021 wef 14/01/2021] | | (f) | the termination by the commercial developer of an agreement mentioned in paragraph 1(l) of the First Schedule to the Act. [S 874/2020 wef 09/10/2020] [S 18/2021 wef 14/01/2021] |
| (2) To avoid doubt, in a case where an action under paragraph (1)(a), (b) or (c) is carried out pursuant to a term in the scheduled contract, the party who is or will be unable to perform the subject obligation under the contract is not considered to have agreed to the taking of the action under paragraph (1)(a)(iii), (b) or (c) merely by being a party to the contract. [S 874/2020 wef 09/10/2020] |
| (3) This regulation does not apply to any thing done before 13 May 2020. [S 377/2020 wef 13/05/2020] |
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| Prescribed contracts for section 5A of Act |
3AA.—(1) The following descriptions of scheduled contracts are prescribed for the purposes of section 5A(1)(a) of the Act:| (a) | an option given by a housing developer to an intending purchaser for the purchase of one or more units of housing accommodation; | | (b) | an option given by a commercial developer to an intending purchaser for the purchase of one or more units of commercial property. |
| (2) In paragraph (1), “commercial developer”, “commercial property”, “housing accommodation”, “housing developer” and “unit” have the meanings given by paragraph 2 of the First Schedule to the Act. [S 874/2020 wef 09/10/2020] [S 18/2021 wef 14/01/2021] |
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| Prescribed contracts for section 7A of Act |
3B.—(1) The following descriptions of scheduled contracts are prescribed for the purposes of section 7A(1)(a) of the Act:| (a) | a hire-purchase agreement or conditional sale agreement as defined under the Hire-Purchase Act (Cap. 125), where the good hired or conditionally sold under the agreement is —| (i) | any plant, machinery or fixed asset located in Singapore, where such plant, machinery or fixed asset is used for manufacturing, production or other business purposes; or | | (ii) | a commercial vehicle, |
| but does not include an agreement that is entered into with a bank licensed under the Banking Act (Cap. 19) or a finance company licensed under the Finance Companies Act (Cap. 108); |
| | (b) | a lease of —| (i) | any plant, machinery or fixed asset located in Singapore, where such plant, machinery or fixed asset is used for manufacturing, production or other business purposes; or | | (ii) | a commercial vehicle, except —| (A) | a private hire car as described in the Second Schedule to the Road Traffic Act (Cap. 276); and | | (B) | a taxi as described in the Second Schedule to the Road Traffic Act; |
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| | (c) | an event contract; | | (d) | a tourism-related contract; | | (e) | a construction contract or supply contract; | | (f) | an agreement between a housing developer and a purchaser for the sale and purchase of one or more units of housing accommodation; [S 874/2020 wef 09/10/2020] | | (g) | an agreement between a commercial developer and a purchaser for the sale and purchase of one or more units of commercial property. [S 874/2020 wef 09/10/2020] |
| (2) In paragraph (1), “commercial developer”, “commercial property”, “commercial vehicle”, “housing accommodation”, “housing developer” and “unit” have the meanings given by paragraph 2 of the First Schedule to the Act. [S 874/2020 wef 09/10/2020] [S 665/2020 wef 31/07/2020] [S 18/2021 wef 14/01/2021] |
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| Prescribed rate for section 7A(2) of Act |
3C.—(1) For the purposes of section 7A(2) of the Act, the total sum of the interest and other charges (however described) must not exceed the amount equal to 5% per annum on the outstanding sum that is due and payable under the contract.| (2) For the purposes of paragraph (1), the outstanding sum mentioned in that paragraph does not include any late payment interest, or late payment charges, added to the outstanding sum on or after 1 February 2020. [S 665/2020 wef 31/07/2020] |
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| Prescribed condition for section 7B(2)(b) of Act |
| 3D. For the purposes of section 7B(2)(b) of the Act, the prescribed condition is that the lessee or licensee could not, by taking reasonable steps, have avoided the subject inability. [S 665/2020 wef 31/07/2020] |
| Prescribed amount for section 7B(2) of Act |
3E.—(1) For any period the subject inability subsists that falls between 7 April 2020 and 18 June 2020 (both dates inclusive) (called in this paragraph the relevant period), the prescribed amount for the purposes of section 7B(2) of the Act is as follows:| (a) | in respect of any period in the relevant period, where the lessee or licensee carried on its business, undertaking or work at the property (called in this paragraph the operating period) — the lower of the following:| (i) | the amount payable by the lessee or licensee under the lease or licence for the subject inability for the operating period; | | (ii) | at the option of the lessor or licensor, either —| (A) | the rent payable by the lessee or licensee for the operating period, as if the lease or licence were in force during that period based on the last rent payable; or | | (B) | the market rent of the property for the operating period; |
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| | (b) | in respect of any other period in the relevant period — an amount equal to the total amount of service charge, maintenance charge and public utility charge payable under the lease or licence for that other period, as if the lease or licence were in force during that other period. |
(2) For any period the subject inability subsists that does not fall between 7 April 2020 and 18 June 2020 (both dates inclusive) (called in this paragraph the relevant period), the prescribed amount for the purposes of section 7B(2) of the Act is as follows:| (a) | in respect of any period in the relevant period, where the lessee or licensee carried on its business, undertaking or work at the property (called in this paragraph the operating period) — the lower of the following:| (i) | the amount payable by the lessee or licensee under the lease or licence for the subject inability for the operating period; | | (ii) | at the option of the lessor or licensor, either —| (A) | the rent payable by the lessee or licensee for the operating period, as if the lease or licence were in force during that period based on the last rent payable; or | | (B) | the market rent of the property for the operating period; |
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| | (b) | in respect of any other period in the relevant period — the lower of the following:| (i) | the amount payable by the lessee or licensee under the lease or licence for the subject inability for that other period; | | (ii) | at the option of the lessor or licensor, either —| (A) | 50% of the rent payable by the lessor or licensee for that other period, as if the lease or licence were in force during that other period based on the last rent payable; or | | (B) | 50% of the market rent of the property for that other period. |
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(3) For the purposes of paragraphs (1)(a) and (2)(a), the carrying on of any business, undertaking or work by the lessee or licensee at the property does not include the carrying on of any activity by the lessee, licensee, or any other person, for the purpose of maintaining the property —| (a) | in a clean and sanitary condition; or | | (b) | in a state of good repair. |
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(4) In this regulation —| “rent” means the total amount payable by a lessee or licensee for the lease or licence of the property, including any service charge, maintenance charge and public utility charge; |
| “subject inability” means the subject inability mentioned in section 7B(1)(b) of the Act. [S 665/2020 wef 31/07/2020] |
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| Prescribed contracts for sections 12(4) and 13(1A) of Act |
3F.—(1) The following descriptions of scheduled contracts are prescribed as scheduled contracts to which sections 12(4) and 13(1A) of the Act apply:| (a) | a contract for the grant of a loan facility by a bank licensed under the Banking Act or a finance company licensed under the Finance Companies Act to an enterprise, where such facility is secured, wholly or partially, against any commercial or industrial immovable property located in Singapore; | | (b) | a contract for the grant of a loan facility by a bank licensed under the Banking Act or a finance company licensed under the Finance Companies Act to an enterprise —| (i) | where such facility is secured, wholly or partially, against any plant, machinery or fixed asset located in Singapore; and | | (ii) | where such plant, machinery or fixed asset (as the case may be) is used for manufacturing, production or other business purposes; |
| | (c) | an agreement between a housing developer and a purchaser for the sale and purchase of one or more units of housing accommodation; | | (d) | an agreement between a commercial developer and a purchaser for the sale and purchase of one or more units of commercial property. |
| (2) In paragraph (1), “commercial developer”, “commercial property”, “enterprise”, “housing accommodation”, “housing developer” and “unit” have the meanings given by paragraph 2 of the First Schedule to the Act. |
[S 22/2021 wef 15/01/2021] |
4.—(1) The forms to be used for the purposes of these Regulations are those set out on the Internet website at http://www.mlaw.gov.sg/covid19-relief, 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 party or submitted to the Registrar or an assessor making a determination must —| (a) | contain such particulars; | | (b) | comply with such requirements; and | | (c) | be accompanied by such documents, |
| (d) | in the form; | | (e) | by the Registrar or the assessor; and | | (f) | in the Registrar’s directives, |
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| (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. |
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| Prescribed mode of service |
5.—(1) In these Regulations, a person (called in this regulation A) serves a document on another person (called in this regulation B) by the prescribed mode of service if —| (a) | A sends the document to B’s last email address using the electronic system; | | (b) | where A is for any reason unable to send the document in the manner described in sub‑paragraph (a) — A sends the document to B’s last email address using any other means; | | (c) | where A is for any reason unable to send the document in the manner described in sub‑paragraphs (a) and (b), and either —| (i) | B has an account for the use of an internet‑based messaging service, and that service provides a mechanism for B to receive electronic communications in that account; or | | (ii) | B 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 B 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 A corresponds with B on matters concerning the scheduled contract in question — A sends an electronic communication of that document to B using that mechanism; or |
| | (d) | where A is for any reason unable to send the document in the manner described in sub‑paragraphs (a), (b) and (c) — A sends the document to B’s last postal address by prepaid registered post. |
(2) In paragraph (1) —| “document” includes a form; |
“last email address” means —| (a) | B’s designated email address; or | | (b) | if B has no designated email address — an email address by which A corresponds with B on matters concerning the contract in question, or (if there is no such email address) an email address which B represents to A or to the public as the email address to which communications to B may be sent; |
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“last postal address” means —| (a) | B’s designated postal address; or | | (b) | if B has no designated postal address — B’s ordinary address. |
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| When service takes effect and proof of service |
6.—(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; or | | (b) | 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). |
| (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. |
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7.—(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 of a notification for relief under section 9(1) of the Act; | | (b) | to facilitate the submission of certain forms and documents to the Registrar or an assessor in relation to an application for an assessor’s determination and the proceedings thereto; and | | (c) | to facilitate the service of certain of those forms and documents. |
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8.—(1) Subject to paragraph (3), an individual must authenticate the individual’s identity using SingPass in order to access the electronic system to carry out an act involving the individual.| (2) Subject to paragraph (4), a person who is authorised by an entity to carry out using the electronic system any act involving the entity, must authenticate the entity’s identity using CorpPass in order to access the electronic system to carry out that act for the entity. |
| (3) An individual must not facilitate the use, by any other person, of the individual’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. |
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