Statute Details
- Title: COVID-19 (Temporary Measures) (Part 10A Relief) Regulations 2021
- Act Code: COVID19TMA2020-S578-2021
- Legislation Type: Subsidiary Legislation (SL)
- Authorising Act: COVID-19 (Temporary Measures) Act 2020 (Act 14 of 2020)
- Enacting Power: Made under section 79K of the COVID-19 (Temporary Measures) Act 2020
- Commencement: 6 August 2021
- Maker: Minister for National Development (via Permanent Secretary, Ministry of National Development)
- Key Legislative Focus: Procedure for appointment of a “Part 10A assessor” and the assessor’s determination to adjust contract sums under the Act
- Most Relevant Defined Terms (extract): “application”, “respondent”, “working day”, “Part 10A Registrar’s directives”
- Key Provisions (extract): Part 1 (regs 1–2); Part 2 (regs 2A–5); Part 3 (regs 6–18); Schedule (application fee)
- Latest Version Noted in Extract: Current version as at 27 Mar 2026 (with earlier amendments shown in the timeline)
What Is This Legislation About?
The COVID-19 (Temporary Measures) (Part 10A Relief) Regulations 2021 (“Part 10A Relief Regulations”) are subsidiary legislation made to operationalise a specific relief mechanism introduced under the COVID-19 (Temporary Measures) Act 2020. In plain terms, the Regulations set out the procedural framework for how parties to certain construction contracts can seek an adjustment of the contract sum when COVID-19-related circumstances affect performance and costs.
Unlike a court process, the Part 10A mechanism is designed to be more structured and time-bound. It centres on the appointment of a “Part 10A assessor” by the “Part 10A Registrar”. The assessor’s role is to determine an adjustment to the contract sum, guided by prescribed matters and principles. The Regulations therefore focus heavily on administrative steps: who qualifies to be an assessor, how an application is made, what forms and service modes apply, how parties respond, and how records and determinations are handled.
Practically, the Regulations matter to construction lawyers because they shape the “how” of relief—deadlines, procedural fairness, and the evidential and negotiation prerequisites that can affect whether an application succeeds or is rejected. Even where the substantive relief is found in the parent Act, the Regulations determine whether parties can access that relief effectively.
What Are the Key Provisions?
1) Citation, commencement, and definitions (Parts 1 and early provisions). Regulation 1 provides the citation and commencement: the Regulations came into operation on 6 August 2021. Regulation 2 supplies key definitions. For practitioners, the defined terms are not merely drafting conveniences; they determine eligibility and procedural triggers. For example, “application” is defined as an application under section 79F(1) of the Act for the Part 10A Registrar to appoint a Part 10A assessor to adjust the contract sum for the purpose in section 79C(2) of the Act. This ties the Regulations directly to the Act’s substantive scheme.
Regulation 2 also defines “respondent” as the other party to the relevant construction contract with whom the applicant made a “reasonable attempt to negotiate” for an adjustment of the contract sum. That “reasonable attempt to negotiate” concept is crucial: it signals that the relief mechanism is intended to follow negotiation, not replace it. The definition of “working day” (excluding weekends and public holidays) is also important because many procedural timelines in such regimes are expressed in working days.
2) Prescribed later date for specific Act provisions (regulation 2A). Regulation 2A prescribes a later date for sections 79C(2) and 79G(1)(b)(i) of the Act. This is a technical but significant provision. In COVID-19 temporary measures legislation, dates often determine whether a party’s claim falls within the relief window and how the Act’s operative provisions apply over time. For counsel, this means that the timing of contractual events and the timing of applications can be determinative. A practitioner should therefore check the prescribed later date when advising on eligibility and strategy.
3) Forms, service, and electronic systems (regulations 3–5). The Regulations include administrative provisions on “prescribed forms” (reg 3), “prescribed mode of service” (reg 4), and an “electronic system” (reg 5). These provisions typically govern how documents are filed, how notices are served on the other party, and whether filings must be made through an online platform. For litigation-adjacent administrative processes, compliance with service requirements is often a common failure point. Lawyers should ensure that applications, responses, and procedural notices are served in the prescribed manner and within the prescribed timelines, using the correct electronic system if mandated.
4) Qualification of Part 10A assessors (regulation 6). The Regulations require that Part 10A assessors meet specified qualifications. While the extract does not reproduce the qualification criteria, the existence of a dedicated qualification rule indicates that the assessor is expected to have relevant expertise—likely in construction, contract administration, or cost assessment. This matters for fairness and for the quality of the determination. Parties may also consider whether an assessor’s qualifications align with the dispute’s technical and contractual issues.
5) Application procedure and time limits (divisions 2 and 3; regulations 7–15). The Regulations set out a step-by-step process for obtaining an assessor’s determination. Key features include:
- Prescribed time to make application (reg 7): Applications must be made within a specified period. Missing a deadline can bar relief or lead to procedural dismissal.
- Application content (reg 8): The application must be made in the required manner and likely include supporting information to identify the contract, the relief sought, and the negotiation attempts.
- Application fee (reg 9) and the Schedule: A fee is payable, and the Schedule specifies the application fee amount. This is relevant for cost planning and for advising clients on the financial threshold to access the mechanism.
- Prescribed matters and prescribed principles (reg 10): This is one of the most important provisions for substantive outcomes. It indicates that the assessor’s determination is not open-ended; it must consider specified matters and apply prescribed principles when adjusting the contract sum.
- Acknowledgment of application and service (reg 11): The Registrar’s office acknowledges receipt and ensures proper service on the respondent.
- Response (reg 12): The respondent is given an opportunity to respond, supporting procedural fairness and ensuring both sides’ positions are considered.
- Withdrawal (reg 13): The applicant may withdraw the application under specified conditions.
- Notice of appointment and hearing (reg 14): The respondent and applicant are notified of the assessor appointment and any hearing arrangements.
- Other procedural matters (reg 15): This catch-all typically covers procedural directions, adjournments, and other administrative steps.
6) Registry, directives, records, and publication (regulations 16–18). The Regulations establish a “Registry of Assessors” (reg 16) and allow the Registrar to issue “directives” (reg 17). These directives are operational instructions that can affect how parties must conduct the process. Regulation 18 addresses “records and publication of determinations”. For practitioners, this raises two practical issues: (i) what documentation is retained (relevant for audits, challenges, or subsequent disputes), and (ii) whether determinations are published (which can influence confidentiality strategy and the availability of precedent-like reasoning).
7) The Schedule: application fee. The Schedule sets out the application fee. Even though the extract does not show the amount, the existence of a Schedule indicates that the fee is prescribed in a formal schedule rather than being left to discretion. Counsel should confirm the current fee amount in the latest consolidated version when advising clients.
How Is This Legislation Structured?
The Regulations are structured into three main parts:
- Part 1 (Preliminary): Contains the citation and commencement (reg 1) and definitions (reg 2). This part anchors the scope and key terminology.
- Part 2 (General Matters): Includes regulation 2A (prescribed later date for certain Act provisions) and administrative mechanics such as prescribed forms (reg 3), mode of service (reg 4), and electronic system (reg 5).
- Part 3 (Part 10A Assessor’s Determination): Divided into three divisions:
- Division 1: Qualification of Part 10A assessors (reg 6).
- Division 2: Application and procedure for the assessor’s determination (regs 7–15).
- Division 3: General provisions on registry, directives, records, and publication (regs 16–18).
Finally, a Schedule sets out the application fee.
Who Does This Legislation Apply To?
The Regulations apply to parties to relevant construction contracts that fall within the scope of the COVID-19 (Temporary Measures) Act 2020’s Part 10A relief framework. In the defined terms, the “applicant” seeks appointment of a Part 10A assessor to adjust the contract sum, and the “respondent” is the other contracting party with whom the applicant made a reasonable attempt to negotiate for an adjustment.
In practical terms, this means the Regulations are relevant to contractors, subcontractors, and employers (depending on how “construction contract” is defined in the Act) who are seeking a contractual sum adjustment due to COVID-19-related impacts. The procedural requirements—especially negotiation attempts, deadlines, and prescribed service methods—apply to both sides, because the respondent must be served and given a chance to respond.
Why Is This Legislation Important?
The Part 10A Relief Regulations are important because they translate a statutory relief concept into an actionable process. For practitioners, the value lies in procedural certainty: the Regulations specify who can decide (qualified assessors), how parties initiate the process (applications with prescribed forms and service), and how the dispute is processed (response, appointment, hearing notice, and procedural directions).
From an enforcement and risk perspective, the Regulations also reduce ambiguity. Deadlines (reg 7), service requirements (regs 3–5), and the negotiation prerequisite embedded in the definition of “respondent” (reg 2) can determine whether a party is entitled to relief. A lawyer advising a client must therefore treat compliance as substantive: even a strong underlying claim may fail if the procedural steps are not followed.
Finally, the prescribed matters and principles (reg 10) are central to outcome. They indicate what the assessor must consider when adjusting the contract sum. This affects how parties should prepare evidence—such as cost records, contractual change documentation, and correspondence demonstrating negotiation attempts. In short, the Regulations influence both strategy and settlement posture, because they shape the likelihood and magnitude of a contract sum adjustment.
Related Legislation
- COVID-19 (Temporary Measures) Act 2020 (Act 14 of 2020) — in particular the Part 10A provisions (including sections 79C, 79F, 79G, and 79K)
- COVID-19 (Temporary Measures) (Temporary Relief for Inability to Perform Contracts) Regulations 2020 (G.N. No. S 303/2020) (“Part 2 Regulations” as defined in regulation 2)
- Amending subsidiary legislation (as reflected in the timeline in the extract, including S 972/2021, S 752/2021, S 723/2021, S 222/2022, and SL 578/2021)
Source Documents
This article provides an overview of the COVID-19 (Temporary Measures) (Part 10A Relief) Regulations 2021 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.