Part of a comprehensive analysis of the COVID-19 (Temporary Measures) Act 2020
All Parts in This Series
- PART 1
- PART 2
- PART 2
- PART 3
- PART 4
- PART 5
- PART 6
- PART 7
- PART 8
- PART 8
- PART 8
- PART 8
- PART 9
- PART 10
- PART 10 (this article)
- Part 10
- Part 10
Key Provisions and Their Purpose under Part 1 of the COVID-19 (Temporary Measures) Act 2020
The COVID-19 (Temporary Measures) Act 2020 was enacted to provide temporary relief and regulatory measures for contracts affected by the COVID-19 pandemic. Part 1 of the Act sets out foundational provisions that enable the implementation of these temporary measures, particularly focusing on contracts impacted by the pandemic and the appointment of assessors to resolve disputes arising from such contracts.
One of the key provisions under Part 1 is the Minister’s power to prescribe and adjust the period during which the Act applies. This is crucial because the pandemic’s impact is dynamic, and the duration of relief measures must be adaptable to evolving circumstances. Section 3(1) states:
"The Minister may, by order in the Gazette, prescribe a period not exceeding 6 months for the purposes of this Part and Parts 2 and 3." — Section 3(1), COVID-19 (Temporary Measures) Act 2020
Verify Section 3 in source document →
This provision exists to ensure that the relief measures are time-bound and subject to periodic review, preventing indefinite application and allowing the government to respond flexibly to the pandemic’s progression.
Further, Section 3(2) empowers the Minister to extend or shorten the prescribed period, including for specific categories of contracts:
"The Minister may, by order in the Gazette, extend or shorten for or by a period determined by the Minister, the prescribed period as it applies to— (a) this Part or Part 2 or 3; or (b) a description of scheduled contracts in Part 2, or a description of contracts within such description in Part 2, and that period may be extended or shortened more than once." — Section 3(2), COVID-19 (Temporary Measures) Act 2020
Verify Section 3 in source document →
This flexibility is essential to tailor the relief measures to different sectors and contract types, reflecting the varying degrees of impact COVID-19 has had across industries.
Definitions in Part 1: Clarifying Scope and Application
Part 1 also provides comprehensive definitions to clarify the scope and application of the Act. These definitions are critical for interpreting the Act consistently and ensuring that the relief measures apply appropriately to affected contracts and parties.
For example, the term "COVID-19 event" is broadly defined to include not only the epidemic or pandemic itself but also any laws, orders, or directions made in connection with COVID-19:
"COVID‑19 event" means— (a) the COVID‑19 epidemic or pandemic; or (b) the operation of or compliance with any law of Singapore or another country or territory, or an order or direction of the Government or any statutory body, or of the government or other public authority of another country or territory, being any law, order or direction that is made by reason of or in connection with COVID‑19;" — Section 2, COVID-19 (Temporary Measures) Act 2020
This broad definition ensures that the Act covers disruptions caused not only by the disease itself but also by governmental responses, such as lockdowns or travel restrictions, which have significant contractual implications.
Other important definitions include:
- Assessor: "a person appointed to the panel of assessors under section 11;"
- Assessor’s determination: "a determination by an assessor under section 13 on an application under section 12;"
- Construction contract: "has the meaning given by section 2 of the Building and Construction Industry Security of Payment Act (Cap. 30B);"
- Scheduled contract: "means a contract within a description of contracts set out in the First Schedule, but not one that falls within such description of contracts as may be prescribed;"
- Tourism-related contract: includes contracts for international carriage of passengers, provision of tourism-related goods or services, and promotion of tourism in Singapore.
"assessor" means a person appointed to the panel of assessors under section 11; "assessor’s determination" means a determination by an assessor under section 13 on an application under section 12; "construction contract" has the meaning given by section 2 of the Building and Construction Industry Security of Payment Act (Cap. 30B); "COVID‑19" means the infectious disease known as Coronavirus Disease 2019; "COVID‑19 event" means— (a) the COVID‑19 epidemic or pandemic; or (b) the operation of or compliance with any law of Singapore or another country or territory, or an order or direction of the Government or any statutory body, or of the government or other public authority of another country or territory, being any law, order or direction that is made by reason of or in connection with COVID‑19; "event contract" means a contract for the provision of a venue, accommodation, amenities, transport, entertainment, catering or other goods or services for— (a) a business meeting, incentive travel, conference, exhibition, sales event, concert, show, wedding, party or other social gathering, or sporting event; or (b) the participants, attendees, guests, patrons or spectators of any of the events mentioned in paragraph (a); "Minister" means— (a) except as provided in paragraphs (b) to (d), the Minister charged with the responsibility for law; (b) for the purposes of Part 6 — the Minister charged with the responsibility for finance; (c) for the purposes of Part 7 — the Minister charged with the responsibility for health; and (d) for the purposes of Parts 8A, 8B, 8C and 10A — the Minister charged with the responsibility for national development; "notification for relief" means a notification mentioned in section 9(1); "prescribed period" — (a) in relation to Part 1 or 3 — means the period prescribed under section 3 as extended or shortened under that section for Part 1 or 3; and (b) in relation to any scheduled contract in Part 2 — means the period prescribed under section 3 as extended or shortened under that section for that Part or for a description of contracts to which that contract belongs, as the case may be; "Registrar" means the Registrar of assessors appointed under section 10(1), and includes any Deputy Registrar of assessors exercising the functions of the Registrar; "scheduled contract" means a contract within a description of contracts set out in the First Schedule, but not one that falls within such description of contracts as may be prescribed; "supply contract" has the meaning given by section 2 of the Building and Construction Industry Security of Payment Act; "tourism-related contract" means— (a) a contract for the international carriage of passengers by sea or land; (b) a contract for the provision of transport, short‑term accommodation, entertainment, dining, catering, tours or other tourism‑related goods or services for visitors to Singapore, domestic tourists or outbound tourists; or (c) a contract for the promotion of tourism in Singapore or the distribution for the purposes of trade or retail of products related to such tourism." — Section 2, COVID-19 (Temporary Measures) Act 2020
Verify Section 2 in source document →
These definitions exist to provide clarity and precision in the application of the Act, ensuring that all stakeholders understand which contracts and parties are covered and the roles of various officials involved in administering relief.
Penalties for Non-Compliance under Part 1
Notably, Part 1 of the COVID-19 (Temporary Measures) Act 2020 does not specify any penalties for non-compliance. This absence reflects the nature of Part 1 as primarily establishing definitions, the scope of the Act, and administrative powers such as the appointment of assessors and the prescribed period for relief measures.
The focus of Part 1 is on enabling temporary relief and dispute resolution mechanisms rather than imposing punitive measures. Penalties, if any, are likely addressed in other parts of the Act or under related legislation.
Cross-References to Other Legislation
Part 1 explicitly cross-references the Building and Construction Industry Security of Payment Act (Cap. 30B) to define terms such as "construction contract" and "supply contract." This cross-reference ensures consistency in terminology and legal interpretation across related statutes.
"construction contract" has the meaning given by section 2 of the Building and Construction Industry Security of Payment Act (Cap. 30B); "supply contract" has the meaning given by section 2 of the Building and Construction Industry Security of Payment Act; — Section 2, COVID-19 (Temporary Measures) Act 2020
Verify Section 2 in source document →
By aligning definitions with existing legislation, the Act avoids ambiguity and facilitates smoother integration of COVID-19 related temporary measures within Singapore’s broader legal framework governing contracts and payments.
Conclusion
Part 1 of the COVID-19 (Temporary Measures) Act 2020 lays the groundwork for the Act’s temporary relief measures by defining key terms, empowering the Minister to prescribe and adjust the application period, and establishing the framework for appointing assessors to resolve disputes. These provisions exist to provide clarity, flexibility, and administrative structure necessary to address the unprecedented contractual challenges posed by the COVID-19 pandemic.
Sections Covered in This Analysis
- Section 2 – Definitions
- Section 3(1) – Prescribed Period
- Section 3(2) – Extension or Shortening of Prescribed Period
- Cross-reference to Building and Construction Industry Security of Payment Act (Cap. 30B), Section 2
Source Documents
For the authoritative text, consult SSO.