Statute Details
- Title: COVID-19 (Temporary Measures) (Extension of Prescribed Period) Order 2021
- Act Code: COVID19TMA2020-S178-2021
- Type: Subsidiary Legislation (SL)
- Authorising Act: COVID-19 (Temporary Measures) Act 2020 (Act 14 of 2020)
- Enacting Formula / Power: Made under section 3(2) of the COVID-19 (Temporary Measures) Act 2020
- Legislation Number: S 178/2021
- Date Made: 18 March 2021
- Key Mechanism: Extends the “prescribed period” for specified temporary measures in the Act
- Extension Window (Part 1): 1 April 2021 to 19 April 2021
- Extension Window (Part 2): 1 April 2021 to 19 April 2021
What Is This Legislation About?
The COVID-19 (Temporary Measures) (Extension of Prescribed Period) Order 2021 (“the Order”) is a targeted legislative instrument that extends a time window—referred to in the parent statute as the “prescribed period”—during which certain COVID-19-related temporary legal measures apply. In practical terms, it ensures that the protections and procedural adjustments created by the COVID-19 (Temporary Measures) Act 2020 (“the Act”) continue to operate for a further short period in 2021.
Because the Act is designed to be time-bound and responsive to evolving public health and economic conditions, it does not apply indefinitely. Instead, it relies on “prescribed periods” that can be extended by subsidiary legislation. This Order is one such extension: it extends the prescribed period for both Part 1 and Part 2 of the Act, covering a defined interval from 1 April 2021 to 19 April 2021.
For lawyers, the significance lies not in creating new substantive rights from scratch, but in confirming that existing statutory mechanisms remain available during the extended dates. This affects how parties interpret contractual obligations, notices, and timelines that fall within the prescribed window.
What Are the Key Provisions?
Section 1 (Citation) identifies the instrument as the COVID-19 (Temporary Measures) (Extension of Prescribed Period) Order 2021. While this is a standard provision, it anchors the Order’s legal identity and ensures correct referencing in pleadings, correspondence, and compliance documentation.
Section 2 (Extension of prescribed period for Part 1 of the Act) provides the core extension for Part 1. It states that the prescribed period as it applies to Part 1 of the Act is extended by a period starting on 1 April 2021 and ending on 19 April 2021. In other words, any Part 1 measures in the Act that are triggered by the prescribed period will continue to apply during these dates.
Section 3 (Extension of prescribed period for Part 2 of the Act) extends the prescribed period for Part 2, but with a more detailed scope. Section 3(1) specifies that the prescribed period applies to certain categories of “scheduled contracts” in Part 2. The extension again runs from 1 April 2021 to 19 April 2021.
Section 3(1) lists the relevant contract types, including: (a) a construction contract or supply contract; (b) a performance bond or equivalent granted pursuant to a construction contract or supply contract; (c) an option given by a housing developer to an intending purchaser for the purchase of one or more housing units; (d) an agreement between a housing developer and a purchaser for the sale and purchase of one or more housing units; (e) an option given by a commercial developer to an intending purchaser for the purchase of one or more commercial property units; and (f) an agreement between a commercial developer and a purchaser for the sale and purchase of one or more commercial property units.
Section 3(2) clarifies interpretive terms by reference to the First Schedule to the Act. It provides that “commercial developer”, “commercial property”, “housing accommodation”, “housing developer”, and “unit” have the meanings given by paragraph 2 of the First Schedule. This cross-reference is important for practitioners because it reduces ambiguity: parties must apply the Act’s defined terms when determining whether their transaction falls within the extended Part 2 scope.
Practical legal effect: If a party’s rights or obligations under the Act depend on whether an event occurs during the prescribed period, then events occurring between 1 April 2021 and 19 April 2021 will be treated as within the extended window for both Part 1 and Part 2. This can affect, for example, the availability of temporary relief mechanisms and the timing of statutory processes tied to the prescribed period.
How Is This Legislation Structured?
The Order is concise and structured around three operative provisions. It contains:
(i) Section 1: the citation provision.
(ii) Section 2: a single sentence extending the prescribed period for Part 1 of the Act to 1 April 2021–19 April 2021.
(iii) Section 3: a two-part provision extending the prescribed period for Part 2, including (1) the categories of scheduled contracts covered and (2) a definitional cross-reference to the First Schedule to the Act.
Notably, the Order does not contain schedules or additional procedural steps. Its function is purely temporal and scope-confirming: it updates the “prescribed period” parameters that the Act uses to activate its temporary measures.
Who Does This Legislation Apply To?
The Order applies to parties whose legal relationships fall within the Act’s Part 1 and Part 2 frameworks during the extended prescribed period. While the Order itself does not list “persons” in the way a typical regulatory statute might, it operates by reference to the Act’s subject matter.
For Part 2, the Order is particularly relevant to parties to construction and supply contracts, parties involved with performance bonds or equivalent instruments tied to those contracts, and developers and purchasers in housing and commercial property transactions where the relevant instruments are options or sale and purchase agreements. For Part 1, the Order extends the prescribed period generally for the Part 1 measures, meaning that any person who benefits from or is subject to Part 1’s temporary mechanisms during the extended dates will be affected.
In practice, this means that developers, contractors, suppliers, surety/bond counterparties, and purchasers should all consider whether their contractual timelines, notices, or performance obligations intersect with the extended period of 1 April 2021 to 19 April 2021.
Why Is This Legislation Important?
This Order is important because it preserves the continuity of the Act’s COVID-19 temporary measures during a specific, narrow time window. Even though the extension is only for about three weeks, such extensions can be legally consequential: many statutory and contractual consequences depend on whether an event occurs within a prescribed period. A short extension can therefore determine whether a party can rely on statutory relief or must comply with ordinary legal timelines.
From an enforcement and dispute-resolution perspective, the Order helps clarify the legal landscape for events in early April 2021. In litigation or arbitration, parties often dispute whether statutory protections apply to a particular notice, delay, or contractual breach. The Order reduces uncertainty by expressly extending the prescribed period for both Part 1 and Part 2, thereby strengthening arguments that the Act’s temporary measures were available during the specified dates.
For practitioners advising clients, the key takeaway is to treat the prescribed period as a legal trigger. When reviewing contract performance, default, termination, or bond-related claims, counsel should check whether the relevant dates fall within the extended prescribed period and whether the transaction type matches the Part 2 categories. Because Section 3(2) incorporates defined terms from the First Schedule, careful attention to definitions is also essential.
Related Legislation
- COVID-19 (Temporary Measures) Act 2020 (Act 14 of 2020) — the parent Act that establishes the temporary measures and the mechanism for prescribing/extending the prescribed period
- COVID-19 (Temporary Measures) (Extension of Prescribed Period) Order 2021 — this Order (S 178/2021)
- First Schedule to the COVID-19 (Temporary Measures) Act 2020 — provides definitions used by Section 3(2) of the Order
Source Documents
This article provides an overview of the COVID-19 (Temporary Measures) (Extension of Prescribed Period) Order 2021 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.