Statute Details
- Title: COVID-19 (Temporary Measures) (Modification of Part 2 Provisions) Regulations 2022
- Act Code: COVID19TMA2020-S852-2022
- Legislation Type: Subsidiary Legislation (SL)
- Authorising Act: COVID-19 (Temporary Measures) Act 2020
- Enacting Authority: Minister for Law (made on 28 October 2022)
- Commencement: 1 November 2022
- Primary Provisions (Extract): Sections 1–2
- Key Regulatory Effect: Modifies certain “Part 2” provisions of the COVID-19 (Temporary Measures) Act 2020 for specified applications, including by prescribing dates and categories of “scheduled contracts”
- Legislation Status (as provided): Current version as at 27 Mar 2026
- Singapore Citation: No. S 852/2022 (SL 852/2022)
What Is This Legislation About?
The COVID-19 (Temporary Measures) (Modification of Part 2 Provisions) Regulations 2022 (“Modification Regulations”) are a targeted set of subsidiary legislation made under the COVID-19 (Temporary Measures) Act 2020 (“the Act”). In plain language, these Regulations adjust how certain Part 2 mechanisms in the Act operate for particular applications—by prescribing specific dates and identifying particular types of contracts that are treated as “scheduled contracts” for the purposes of the Act.
Although the Regulations are short, their legal significance is practical: they determine when certain COVID-19 temporary measures apply and which contract categories fall within the Act’s modified framework. This matters for disputes and claims that depend on whether a contract is within the statutory scheme and whether the relevant statutory “cut-off” dates have been met.
In essence, the Modification Regulations act as a “calibration” instrument. They do not create a new temporary measure from scratch; rather, they modify the operation of existing Part 2 provisions by setting prescribed dates and expanding/clarifying the contract types that are captured for specified statutory purposes.
What Are the Key Provisions?
Section 1: Citation and commencement provides the basic legal housekeeping. It states that the instrument may be cited as the “COVID-19 (Temporary Measures) (Modification of Part 2 Provisions) Regulations 2022” and that it comes into operation on 1 November 2022. For practitioners, commencement is crucial because the prescribed dates and contract classifications in Section 2 are anchored to that same date.
Section 2: Modification of Part 2 provisions for certain applications for determination by assessor is the operative provision. It is structured around the Act’s section 1B, which (based on the extract) contains subsections (a), (b), and (c) that require “prescribed” dates and/or prescribed contract categories. The Regulations therefore specify (i) the prescribed date for certain “descriptions of scheduled contracts”, (ii) the prescribed date for another category of prescribed date, and (iii) the contract types that are treated as “scheduled contracts” for specified statutory references.
Section 2(1): Prescribed date for descriptions of scheduled contracts (s 1B(a) of the Act) states that, for the purpose of section 1B(a) of the Act, the prescribed date for the “descriptions of scheduled contracts mentioned in paragraph (3)” is 1 November 2022. This indicates that the Act’s framework relies on a date-based description of scheduled contracts—meaning that the statutory characterisation of contracts (or the way they are described for the Act’s purposes) is tied to this date.
Section 2(2): Prescribed date for the purpose of section 1B(b) of the Act similarly provides that, for the purpose of section 1B(b) of the Act, the prescribed date is 1 November 2022. While the extract does not reproduce the full text of section 1B(b), the legal effect is clear: the Regulations fix a specific date that must be used when applying the Act’s Part 2 provisions to certain applications that are to be determined by an assessor.
Section 2(3): Prescribed contract categories as “scheduled contracts” (s 1B(c) of the Act) is the most substantive classification element. It provides that, for the purpose of section 1B(c) of the Act, a construction contract and a supply contract are prescribed as scheduled contracts to which sections 12(4) and 13(1A) of the Act apply.
For lawyers, this is the key “scope” provision. It tells you that the Act’s modified Part 2 mechanisms—specifically the provisions in sections 12(4) and 13(1A)—are engaged for at least two categories of contracts: construction and supply. In practical terms, if a dispute or application turns on whether the contract falls within the statutory “scheduled contracts” definition for those sections, the Regulations supply the answer: these contract types are included.
Interplay with “applications for determination by assessor” The heading of Section 2 and the references to section 1B indicate that the Act contemplates applications that are determined by an assessor. The Regulations therefore operate in the procedural-administrative layer of the Act: they define the date and contract categories that the assessor (and parties) must use when determining whether the Act’s Part 2 provisions apply.
Made on 28 October 2022 The instrument notes that it was made on 28 October 2022, but it commences on 1 November 2022. This is standard drafting, but it can matter where parties need to know whether any steps taken between the “made” date and commencement date have legal effect.
How Is This Legislation Structured?
The Modification Regulations are extremely concise and consist of:
(1) Section 1 (Citation and commencement): identifies the name of the Regulations and the date they come into force.
(2) Section 2 (Modification of Part 2 provisions): sets prescribed dates and prescribes contract categories for the purposes of section 1B of the Act, which in turn governs certain applications for determination by an assessor.
There are no additional Parts, schedules, or detailed procedural rules in the extract provided. The Regulations function as a “connector” between the Act’s broader framework and the specific dates and contract types required to activate particular Part 2 provisions.
Who Does This Legislation Apply To?
While the Regulations themselves do not list categories of persons, their effect is felt by parties to relevant contracts and by those involved in applications under the Act’s Part 2 scheme. In particular, because Section 2(3) prescribes construction contracts and supply contracts as scheduled contracts to which sections 12(4) and 13(1A) apply, the Regulations are most relevant to:
- contracting parties in construction projects (e.g., owners, main contractors, subcontractors, and other parties whose agreements qualify as “construction contracts”); and
- contracting parties in supply arrangements (e.g., suppliers and purchasers under agreements that qualify as “supply contracts”).
Additionally, because the Regulations refer to “applications for determination by assessor,” they also apply to the assessor process under the Act. Practically, that means lawyers advising clients on whether an application is within scope must consider both (i) the contract type and (ii) the prescribed date(s) fixed by the Regulations.
In terms of temporal applicability, the Regulations’ prescribed date is 1 November 2022. Therefore, any statutory analysis that depends on the “prescribed date” for descriptions of scheduled contracts or for the relevant section 1B(b) purpose will turn on that date.
Why Is This Legislation Important?
Although the Modification Regulations are brief, they are important because they determine the threshold conditions for applying specific Part 2 provisions of the COVID-19 temporary measures framework. In contract disputes arising from the pandemic period, parties often face arguments about whether the statutory scheme applies at all. These Regulations reduce uncertainty by prescribing the relevant date and confirming the contract categories captured for sections 12(4) and 13(1A) of the Act.
From an enforcement and dispute-resolution perspective, the Regulations can affect:
- Eligibility and scope: whether a contract qualifies as a “scheduled contract” for the relevant statutory provisions;
- Timing and cut-off analysis: whether the statutory “prescribed date” requirement is met; and
- Assessor determination: what factual and legal inputs the assessor must use when deciding an application under the Act’s framework.
For practitioners, the most practical takeaway is to treat this instrument as a scope-and-date authority. When advising on applications under the Act, counsel should cross-check the contract’s classification (construction vs supply) and ensure that any statutory date-based requirements align with 1 November 2022. Failure to do so can lead to avoidable procedural setbacks or substantive disadvantages.
Finally, the Regulations illustrate a broader legislative technique used during the pandemic: Parliament and the Minister used subsidiary legislation to update and refine the operation of temporary measures as circumstances evolved. Even where the underlying Act is the main statute, these Regulations can be decisive in particular cases.
Related Legislation
- COVID-19 (Temporary Measures) Act 2020 (including sections 1B, 12(4), and 13(1A) referenced in the Regulations)
- COVID-19 (Temporary Measures) (Modification of Part 2 Provisions) Regulations 2022 (SL 852/2022) — the instrument analysed
- Legislation timeline / versions (to confirm the current version as at the relevant date, per the platform’s timeline guidance)
Source Documents
This article provides an overview of the COVID-19 (Temporary Measures) (Modification of Part 2 Provisions) Regulations 2022 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.