Statute Details
- Title: COVID-19 (Temporary Measures) (Part 8 Relief) Regulations 2020
- Act Code: COVID19TMA2020-S836-2020
- Legislative Type: Subsidiary Legislation (SL)
- Authorising Act: COVID-19 (Temporary Measures) Act 2020
- Enacting Power: Made under section 39 of the COVID-19 (Temporary Measures) Act 2020
- Commencement: 30 September 2020 at 12.01 a.m.
- Current Version: Current version as at 27 March 2026
- Key Mechanism: Prescribes the procedural and substantive framework for “Part 8 Relief” applications for affected contracts
- Key Sections (from extract): Definitions (s 2); Affected contracts (s 3); Prescribed period (s 3A); Prescribed terms (s 4); Prescribed assessment factors (s 5); Time to make application (s 6); Prescribed forms (s 7); Application (s 8); Service/notice mechanics (ss 9–14); Electronic system (s 15); Records and publication (s 16)
- Notable Amendment References in Timeline Extract: Amended by S 952/2020 (w.e.f. 18/11/2020); Amended by S 853/2022 (w.e.f. 01/11/2022)
What Is This Legislation About?
The COVID-19 (Temporary Measures) (Part 8 Relief) Regulations 2020 (“Part 8 Relief Regulations”) are subsidiary legislation made to operationalise a specific relief pathway under the COVID-19 (Temporary Measures) Act 2020 (“the Act”). In plain language, the Regulations set out which contracts are eligible, what contractual terms matter, what factors an assessor must consider, and how parties must apply to obtain a determination that can modify or relieve obligations under affected contracts.
Part 8 Relief is aimed at addressing commercial disruption caused by COVID-19. The Regulations focus particularly on (i) non-residential lease agreements and (ii) goods rental contracts entered into before 25 March 2020. The relief is triggered where performance becomes impossible or liability arises due to delays or breaches connected to COVID-19-related circumstances captured by the Act.
From a practitioner’s perspective, the Regulations are procedural and evidential in nature: they prescribe time limits, forms, service requirements, and the assessor/Registrar workflow. They also embed substantive constraints by defining “affected contracts”, “prescribed terms”, and “prescribed assessment factors”.
What Are the Key Provisions?
1. Definitions and interpretive framework (s 2)
The Regulations define the core concepts needed to apply the Part 8 Relief process. Key defined terms include:
- “affected contract”: a contract mentioned in section 36 of the Act.
- “application”: an application under section 37(1) of the Act for the Registrar to appoint an assessor to make a determination under section 38(1) of the Act.
- “lease agreement”: a lease or licence of non-residential immovable property entered into or renewed before 25 March 2020 (including renewals on or after that date automatically or by exercise of a renewal right).
- “goods rental contract”: a contract entered into before 25 March 2020 for the rental of goods.
- “prescribed period”: the period prescribed in regulation 3A (as amended).
- “working day”: excludes weekends and public holidays.
These definitions matter because eligibility depends on contract type and timing (pre-25 March 2020) and because the “prescribed period” anchors the relevant COVID-19 disruption window.
2. Eligibility: affected contracts and prescribed manner (s 3 and s 3A)
Section 3 identifies the prescribed contracts for the purposes of section 36(1)(a)(i) of the Act. In summary, the prescribed contracts are:
- a lease agreement (non-residential immovable property) with prescribed terms; and
- a goods rental contract with prescribed terms.
Section 3(3) then explains when a prescribed contract is “affected in the prescribed manner”. For lease agreements, the contract is affected if:
- Delivery/possession/use/occupation is delayed or breached such that the lessor is or will be unable to deliver possession or allow use/occupation in accordance with the prescribed term; or
- Renovation/fitting-out works are delayed or breached such that the lessee is or will be unable to carry out or complete those works during the reduced rent period.
For goods rental contracts, the contract is affected if the lessee is or will be liable for rent for continued possession due to a delay or breach connected to the relevant prescribed term.
Section 3(4) adds a reasonableness condition: it is a prescribed condition that the lessor or lessee (as applicable) could not have reasonably avoided the inability or liability. This is a critical limitation—parties should be prepared to address causation and mitigation.
Section 3A prescribes the relevant time window for Part 8 Relief: 1 February 2020 to 31 March 2021 (inclusive). This period is important for establishing whether the contractual disruption falls within the statutory COVID-19 relief scope.
3. Prescribed terms that must exist in the contract (s 4)
The Regulations do not treat all lease or rental contracts as eligible; they require that the contract contains certain prescribed terms.
For lease agreements, the prescribed terms are:
- a term requiring the lessor to deliver possession or allow use/occupation by or on a stated date; and
- a term providing for a reduced rent period (a period specified in the lease agreement during which rent is not payable or is reduced, typically tied to renovation/fitting-out works).
For goods rental contracts, the prescribed terms are:
- a term requiring the lessee to return the goods by or on a specified date; and
- a term requiring payment of rent for any period the lessee has possession, including the amount or rate determination.
Practically, counsel should review the contract to confirm that these terms exist and are drafted in a way that aligns with the statutory categories. If the contract lacks a prescribed term, the application may fail at the threshold.
4. Assessment factors for the assessor (s 5)
Section 5 prescribes what an assessor must consider when making a determination under section 38(2)(a) of the Act. The factors include:
- whether any party has obtained relief from another person, or under another part of the Act or other law, in respect of the affected contract;
- the loss suffered or benefit obtained by any party in relation to the prescribed term; and
- the impact that any proposed variation or release/discharge from a prescribed term may have on another contract with a third party.
This is a balancing exercise. The assessor is not simply asked whether COVID-19 caused disruption; the assessor must also consider net commercial impact and avoidance of double relief, as well as downstream effects on related third-party arrangements.
5. Time limits and forms (ss 6–7)
Section 6 prescribes the deadline to make an application: “any time before 31 May 2021.” This is a strict procedural requirement. Parties who miss the deadline may be barred from relief, regardless of the merits.
Section 7 prescribes the forms and the submission channel. The prescribed form to make an application is Form A on the Internet website at http://www.mlaw.gov.sg/covid19-relief. The Regulations also indicate that other lettered forms are those displayed on the website in their current version. This matters for compliance: practitioners should use the latest version available on the official site at the time of filing.
6. Application mechanics, service, and procedural steps (ss 8–14)
While the extract truncates the later text, the Regulations clearly establish a structured process:
- Application (s 8): sets out how the application is made to trigger the Registrar’s role in appointing an assessor.
- Service on prescribed persons (s 9): identifies who must be served with the application.
- Acknowledgment and response (ss 10–11): provides for procedural timelines and the respondent’s opportunity to engage.
- Withdrawal (s 12): allows withdrawal of an application under specified conditions.
- Notification to relevant tribunal (s 13): requires notification upon conclusion of the application.
- Subsequent determinations (s 13A): prescribes a date for subsequent determinations—specifically, the prescribed date is 1 November 2022 for the purposes of section 38A(1) of the Act.
- Other procedural matters (s 14): captures additional procedural rules.
Section 14 (as reflected in the metadata extract) also indicates that regulation 6 of the Part 2 Regulations applies to service of documents. This cross-reference is important: it means service standards for Part 8 Relief may follow the same “prescribed mode of service” framework used in the Temporary Relief for Inability to Perform Contracts Regulations 2020.
7. Electronic system and records/publication (ss 15–16)
Section 15 provides for an electronic system for procedural steps. Section 16 requires the Registrar to keep records of every assessor’s determination, including the documents. This supports transparency, auditability, and potential later disputes about what was filed and when.
How Is This Legislation Structured?
The Regulations are organised as a sequence of operational provisions:
- Part I (Regulations 1–2): citation/commencement and definitions.
- Eligibility and scope (Regulations 3–5): affected contracts, prescribed period, prescribed terms, and prescribed assessment factors.
- Procedural requirements (Regulations 6–14): application deadline, prescribed forms, application and service steps, response/withdrawal, tribunal notification, and procedural cross-references (including service rules from Part 2 Regulations).
- Administration and transparency (Regulations 15–16): electronic system and record-keeping/publication of determinations.
Who Does This Legislation Apply To?
The Regulations apply to parties to eligible contracts—namely, non-residential lease agreements and goods rental contracts entered into or renewed before 25 March 2020, where the contract is affected in the prescribed manner during the prescribed period (1 February 2020 to 31 March 2021).
In practice, the “applicant” will be a party seeking relief under the Act, and the “respondent” is any person mentioned in section 37(2)(a) of the Act who is served with the application. Counsel should therefore identify the correct counterparty for service and ensure that the application is directed to the persons contemplated by the Act and the Regulations.
Why Is This Legislation Important?
Although the COVID-19 relief regime is time-bound, the Part 8 Relief Regulations remain significant for practitioners because they define eligibility thresholds and decision-making criteria that can determine whether a party can obtain contractual relief. The Regulations also provide the procedural architecture—forms, deadlines, service mechanics, and record-keeping—that can be decisive in contested applications.
For dispute resolution and contract management, the prescribed assessment factors are particularly important. They require the assessor to consider whether relief has already been obtained elsewhere, the economic loss/benefit attributable to the prescribed term, and the effect of any variation on third-party contracts. This makes the process inherently commercial and evidence-driven: parties should prepare financial and documentary material addressing these factors.
Finally, the Regulations’ cross-references to other COVID-19 temporary measures instruments (including Part 2 Regulations for service) mean that practitioners must treat the COVID-19 relief framework as an integrated system rather than isolated provisions. A misstep in service, form selection, or the application deadline can undermine substantive rights.
Related Legislation
- COVID-19 (Temporary Measures) Act 2020
- COVID-19 (Temporary Measures) (Temporary Relief for Inability to Perform Contracts) Regulations 2020 (G.N. No. S 303/2020) (“Part 2 Regulations”)
- Building and Construction Industry Security of Payment Act (Cap. 30B) (“SOPA”)
- Interpretation Act
- Arbitration Act
- Payment Act
- Timeline (legislation timeline reference for version control)
Source Documents
This article provides an overview of the COVID-19 (Temporary Measures) (Part 8 Relief) Regulations 2020 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.