Statute Details
- Title: COVID-19 (Temporary Measures) (Extension of Prescribed Period) (No. 4) Order 2021
- Act Code: COVID19TMA2020-S973-2021
- Type: Subsidiary Legislation (SL)
- Enacting Formula / Authority: Made by the Minister for Law under section 3(2) of the COVID‑19 (Temporary Measures) Act 2020
- Key Provisions:
- Section 1: Citation
- Section 2: Extension of prescribed period for Part 1 of the Act
- Section 3: Extension of prescribed period for Part 2 of the Act (scheduled contracts and performance bonds/equivalents)
- Made Date: 23 December 2021
- Commencement: The Order extends prescribed periods starting 1 January 2022 (as specified in sections 2 and 3)
- Version Status: Current version as at 27 March 2026 (per the legislation portal)
- Legislative Instrument Reference: SL 973/2021
What Is This Legislation About?
The COVID-19 (Temporary Measures) (Extension of Prescribed Period) (No. 4) Order 2021 (“the Order”) is a short but practically significant legal instrument. Its purpose is to extend the “prescribed period” during which certain temporary COVID-19 relief measures under the COVID‑19 (Temporary Measures) Act 2020 (“the Act”) remain applicable.
In plain terms, the Act introduced time-limited protections and procedural rules to help parties manage contractual and related risks during the pandemic. Because those protections were tied to specific time windows, the Government periodically extended the relevant periods by making subsidiary legislation. This Order is one such extension, specifically covering the period from 1 January 2022 to 28 February 2022.
Although the Order itself contains only three operative provisions, it directly affects how the Act applies to (i) the general category of measures in Part 1 and (ii) the more contract-specific measures in Part 2, including construction and supply contracts and performance bonds (or equivalent instruments) linked to those contracts.
What Are the Key Provisions?
Section 1 (Citation) simply identifies the instrument as the “COVID-19 (Temporary Measures) (Extension of Prescribed Period) (No. 4) Order 2021”. While not substantive, citation is important for legal certainty and for practitioners referencing the correct extension instrument in pleadings, compliance checklists, or correspondence.
Section 2 (Extension of prescribed period for Part 1 of the Act) provides the core extension for the Act’s Part 1 measures. It states that the “prescribed period” as it applies to Part 1 is extended by a period starting on 1 January 2022 and ending on 28 February 2022.
Practically, this means that any relief, procedural protections, or statutory consequences that the Act’s Part 1 attaches to the “prescribed period” will continue to apply during that two-month window. For lawyers advising affected parties, the key question becomes whether the relevant events, notices, obligations, or triggers under Part 1 fall within the extended prescribed period. If they do, the statutory regime applies; if not, the parties may revert to ordinary contractual and legal rules.
Section 3 (Extension of prescribed period for Part 2 of the Act) extends the prescribed period for the Act’s Part 2 measures, but with a more targeted scope. It extends the prescribed period for the following descriptions of “scheduled contracts” in Part 2:
- (a) a construction contract or supply contract; and
- (b) a performance bond or equivalent that is granted pursuant to a construction contract or supply contract.
Again, the extension runs from 1 January 2022 to 28 February 2022. The legal significance of this provision is that Part 2 of the Act is designed to regulate how certain contract-related actions (including those involving performance security) are handled during the COVID-19 period. By extending the prescribed period, the Order ensures that the Part 2 protections remain available for the specified contract categories during the extended window.
For practitioners, the “scheduled contract” framing is crucial. It is not enough that a dispute or performance issue exists; the underlying contract must fall within the categories described in Part 2 (construction/supply contracts) and, where relevant, the performance bond/equivalent must be one “granted pursuant to” such a contract. This can affect whether a party can rely on the statutory protections, and whether counterparty actions (for example, related to performance security) are constrained by the Act during the prescribed period.
How Is This Legislation Structured?
The Order is structured in a straightforward manner, reflecting its function as a targeted extension instrument rather than a comprehensive policy statute.
It contains:
- Section 1: Citation (identification of the Order);
- Section 2: Extension of the prescribed period for Part 1 of the Act; and
- Section 3: Extension of the prescribed period for Part 2 of the Act, limited to specified scheduled contract types and related performance bonds/equivalents.
There are no additional schedules, definitions, or procedural steps in the Order itself. Instead, the Order relies on the Act’s existing framework—particularly the Act’s definitions of “prescribed period,” the structure of Parts 1 and 2, and the substantive relief mechanisms that those Parts provide.
Who Does This Legislation Apply To?
The Order applies indirectly to parties who are within the scope of the COVID‑19 (Temporary Measures) Act 2020. Because the Order extends the prescribed period, it affects the availability and operation of the Act’s temporary measures during the extended timeframe.
In practical terms, the Order will be relevant to:
- Parties to arrangements governed by Part 1 of the Act (for example, parties whose rights and obligations are subject to Part 1’s prescribed-period triggers); and
- Parties to construction and supply contracts and their related performance bonds or equivalent instruments under Part 2 of the Act.
Because the Order extends the prescribed period from 1 January 2022 to 28 February 2022, the key practical question for any lawyer is whether the relevant contractual events, notices, or actions occurred during that window and whether the underlying contract falls within the categories specified for Part 2. If so, the statutory temporary measures may apply; if not, the parties may be outside the Act’s temporary regime.
Why Is This Legislation Important?
Although the Order is brief, it is important because it determines whether the Act’s COVID-19 relief measures remain in force for a further period. In commercial disputes, timing is often decisive: the ability to invoke statutory protections can depend on whether the relevant conduct or contractual trigger occurred during the “prescribed period.” By extending that period, the Order can materially affect litigation strategy, settlement posture, and compliance advice.
For construction and supply sector participants, the extension under Part 2 is particularly consequential. Performance bonds and equivalent instruments are commonly used to secure performance and manage risk. If the Act’s Part 2 regime constrains or conditions how such security may be called upon or enforced during the prescribed period, then extending the prescribed period can reduce immediate enforcement pressure and provide breathing space for affected parties.
From an enforcement and advisory perspective, the Order also underscores a broader legal reality: COVID-19 temporary measures were not static. They were periodically extended through subsidiary legislation as the situation evolved. Practitioners should therefore treat these extension orders as part of a “timeline” of legal regimes. When advising clients, it is not sufficient to know the Act alone; counsel must also confirm which extension orders were in effect for the relevant dates and which version of the legislation applies.
Related Legislation
- COVID‑19 (Temporary Measures) Act 2020 (Act 14 of 2020) — the authorising and substantive framework for Parts 1 and 2
- COVID‑19 (Temporary Measures) (Extension of Prescribed Period) (No. 4) Order 2021 — SL 973/2021 (this instrument)
- Timeline / other extension orders made under section 3(2) of the Act (to confirm the prescribed period applicable to the relevant dates)
Source Documents
This article provides an overview of the COVID-19 (Temporary Measures) (Extension of Prescribed Period) (No. 4) Order 2021 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.