Statute Details
- Title: COVID-19 (Temporary Measures) (Part 8 Relief) Regulations 2020
- Act Code: COVID19TMA2020-S836-2020
- 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
- Citation: No. S 836
- Commencement: 30 September 2020 at 12.01 a.m.
- Status: Current version as at 27 Mar 2026
- Key subject matter: Procedural and substantive parameters for “Part 8 Relief” applications relating to affected contracts under the Act
- Key provisions (from extract): Definitions (reg 2); affected contracts (reg 3); prescribed period (reg 3A); prescribed terms (reg 4); prescribed assessment factors (reg 5); time to make application (reg 6); prescribed forms (reg 7); application and service (regs 8–12); tribunal notification (reg 13); subsequent determinations date (reg 13A); procedural matters and electronic system (regs 14–15); records and publication (reg 16)
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 mechanism under the COVID-19 (Temporary Measures) Act 2020 (“the Act”). In plain terms, the Regulations set out which contracts are eligible, what contractual terms are relevant, what factors an assessor must consider, and the procedural steps for parties to apply for relief.
Part 8 Relief is aimed at addressing contractual disruption caused by COVID-19 measures and related delays or breaches. The Regulations focus on two categories of commercial arrangements: (1) certain non-residential lease agreements (including situations involving delivery/possession and reduced rent periods), and (2) certain goods rental contracts (including situations involving return of goods and rent liability during continued possession). The relief mechanism is not automatic; it is triggered through an application process that culminates in an assessor’s determination.
Practically, the Regulations are designed to provide certainty and uniformity. They define the eligible contract types and time windows, prescribe the application forms and service requirements, and require record-keeping and publication of determinations. This reduces procedural disputes and helps parties understand what they must do to obtain relief.
What Are the Key Provisions?
1. Definitions and scope (Regulation 2)
The Regulations contain a set of targeted definitions that anchor the relief regime. For example, an “affected contract” is a contract mentioned in section 36 of the Act. An “application” is an application under section 37(1) of the Act for the Registrar to appoint an assessor to make a determination under section 38(1). The Regulations also define key commercial terms such as “lease agreement”, “lessee”, “lessor”, “goods rental contract”, and “goods”.
Importantly for practitioners, Regulation 2 also defines procedural concepts such as “prescribed mode of service” (by reference to the Part 2 Regulations) and “working day”. It also links the regime to the Building and Construction Industry Security of Payment Act (Cap. 30B) (“SOPA”) for the meaning of “construction work”, which signals that the Part 8 Relief regime is part of a broader COVID-19 temporary measures architecture.
2. Affected contracts and the “prescribed manner” (Regulation 3)
Regulation 3 is central because it determines eligibility. It prescribes which contracts fall within section 36(1)(a)(i) and how a contract becomes “affected” under section 36(1)(a)(iii). In summary:
- Lease agreements: A lease agreement is prescribed if it contains the relevant “prescribed term” (set out in Regulation 4) and the contract is affected in the prescribed manner.
- Goods rental contracts: A goods rental contract is prescribed if it contains the relevant prescribed term and the contract is affected in the prescribed manner.
Regulation 3(3) sets out three “affected” scenarios. For lease agreements relating to non-residential immovable property, the contract is affected if (a) the lessor is or will be unable to deliver possession or allow use/occupation in accordance with the prescribed term because of a delay or breach mentioned in section 36(1)(a)(iii) of the Act; or (b) the lessee is or will be unable to carry out or complete renovation/fitting-out works during the reduced rent period because of such delay or breach. For goods rental contracts, the contract is affected if the lessee is or will be liable for rent for continued possession because of the relevant delay or breach.
Regulation 3(4) adds a reasonableness safeguard: it prescribes a condition that the lessor or lessee (as applicable) could not have reasonably avoided the inability or liability. This is a key evidential and legal threshold. Parties seeking relief will typically need to address “reasonable avoidance” by showing that the disruption could not have been mitigated through reasonable steps.
3. Prescribed period (Regulation 3A)
The Regulations prescribe the relevant time window for Part 8 Relief. Regulation 3A provides that, for Part 8 of the Act, the prescribed period is 1 February 2020 to 31 March 2021 (inclusive). This matters because it frames the temporal scope of the relief regime and may affect how parties calculate losses, benefits, and the practical effect of any variation or discharge of contractual obligations.
4. Prescribed terms (Regulation 4)
Eligibility also depends on the presence of specific contractual terms. Regulation 4(1) prescribes two categories of terms for lease agreements relating to non-residential immovable property:
- a term requiring the lessor to deliver possession or allow use/occupation by a stated date; and
- a term providing for a reduced rent period.
For goods rental contracts, Regulation 4(2) prescribes two categories of terms:
- 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 of possession, including the rent amount or the rate for determining it.
For practitioners, this is a “contract drafting” and “contract interpretation” issue. If the relevant term is missing, or if the contract’s structure does not match the prescribed term categories, the contract may fall outside the relief regime even if COVID-19 disruption occurred.
5. Prescribed assessment factors (Regulation 5)
Regulation 5 sets out the factors an assessor must consider for a determination under section 38(2)(a) of the Act. These factors are designed to balance fairness between parties and to ensure that relief is proportionate. The prescribed 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 may have on another contract that any party has with a third party.
These factors are likely to be heavily contested in practice. For example, parties may argue that they already received relief elsewhere (e.g., under other COVID-19 measures), which should limit additional relief. Similarly, the “third-party contract impact” factor can broaden the inquiry beyond the immediate lease or rental arrangement, requiring evidence of downstream commercial consequences.
6. Time limits, forms, and procedural mechanics
Regulation 6 prescribes the time to make an application: any time before 31 May 2021. This is a strict deadline that practitioners must calendar immediately upon advising clients.
Regulation 7 prescribes the application form. The prescribed form to make an application is Form A available on the Internet website at http://www.mlaw.gov.sg/covid19-relief. The Regulations also require that forms served on parties or submitted to the Registrar or assessor must contain specified particulars, comply with specified requirements, and be accompanied by specified documents (as set out in the form).
While the extract truncates the remainder of Regulation 7 and the later provisions, the structure indicates a full procedural pathway: application (Reg 8), service on prescribed persons (Reg 9), acknowledgment and service (Reg 10), response (Reg 11), withdrawal (Reg 12), and notification to the relevant tribunal on conclusion (Reg 13). Regulation 14 addresses other procedural matters, Regulation 15 provides for an electronic system, and Regulation 16 requires the Registrar to keep records of every assessor’s determination, including documents, and to handle publication of determinations.
7. Subsequent determinations and prescribed date (Regulation 13A)
Regulation 13A prescribes a date for subsequent determinations: 1 November 2022 (for the purposes of section 38A(1) of the Act). This indicates that the relief regime may include follow-on determinations beyond the initial application cycle, and practitioners should be alert to any statutory triggers for subsequent determinations.
How Is This Legislation Structured?
The Regulations are organised as a set of numbered regulations that mirror the lifecycle of a Part 8 Relief application:
- Regulations 1–2: citation/commencement and definitions.
- Regulations 3–5: substantive eligibility—affected contracts, prescribed period, prescribed terms, and assessment factors.
- Regulations 6–7: timing and forms—deadline for applications and prescribed form(s) for making an application.
- Regulations 8–13: application procedure—application, service, acknowledgment, response, withdrawal, and tribunal notification.
- Regulations 13A–16: post-application mechanics—prescribed date for subsequent determinations, procedural matters, electronic system, and record-keeping/publication.
Who Does This Legislation Apply To?
The Part 8 Relief Regulations apply to parties to eligible affected contracts—primarily lessors and lessees under certain non-residential lease agreements, and lessors and lessees under certain goods rental contracts. The Regulations also apply to the Registrar and assessors involved in the determination process, and to any respondents who are served with an application copy.
In practical terms, eligibility depends on (i) the contract type and prescribed terms, (ii) whether the contract is affected in the prescribed manner due to relevant delay or breach, and (iii) whether the relevant party could not reasonably avoid the inability or liability. The procedural provisions then govern how applications are made, served, responded to, and concluded.
Why Is This Legislation Important?
For practitioners, the Part 8 Relief Regulations matter because they translate the Act’s relief concept into a workable process with defined eligibility criteria and evidential factors. The Regulations reduce uncertainty by specifying the contract categories, the relevant time period (1 February 2020 to 31 March 2021), the deadline for applications (before 31 May 2021), and the prescribed assessment factors that shape the assessor’s determination.
From a dispute-resolution perspective, the Regulations also influence strategy. Parties should consider whether they have already obtained relief elsewhere, because Regulation 5(a) can affect the quantum or scope of additional relief. They should also prepare evidence on loss/benefit and on downstream impacts on third-party contracts, since Regulation 5(c) can broaden the assessor’s inquiry beyond the immediate lease or rental arrangement.
Finally, the procedural requirements—prescribed forms, service rules, acknowledgment/response steps, and record-keeping—are critical for avoiding jurisdictional or procedural defects. A missed deadline or non-compliant application package can undermine a client’s ability to obtain relief, even where the underlying disruption appears factually connected to COVID-19.
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)
- Arbitration Act
- Interpretation Act
- Payment Act
- Timeline (legislation timeline reference)
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.