Statute Details
- Title: COVID-19 (Temporary Measures) (Part 8B Relief) Regulations 2020
- Act Code: COVID19TMA2020-S966-2020
- Type: Subsidiary Legislation (SL)
- Authorising Act: COVID‑19 (Temporary Measures) Act 2020 (Act 14 of 2020)
- Enacting authority: Minister for National Development (made under section 39F of the Act)
- Commencement: 30 November 2020
- Key provisions (in the extract): Sections 1–2
- Legislative instrument number: S 966/2020
- Status: Current version as at 27 March 2026 (per the legislation portal)
What Is This Legislation About?
The COVID‑19 (Temporary Measures) (Part 8B Relief) Regulations 2020 (“Part 8B Relief Regulations”) are a short set of subsidiary rules made to support the operation of the COVID‑19 (Temporary Measures) Act 2020 (“the Act”). In practical terms, these Regulations do not create a standalone relief regime on their own; instead, they “plug in” a specific timing requirement into the Act’s framework.
From the extract provided, the Regulations contain two operative provisions. The first is a standard commencement and citation clause. The second is the substantive rule: it prescribes a “period” for a particular element of section 39D(1)(c) of the Act. That means the Regulations determine how a statutory condition in the Act is to be interpreted—specifically, what time period should be used when describing certain contracts for the purpose of the Act’s relief mechanism.
For practitioners, the key takeaway is that these Regulations are about contract classification and timing within the Act’s relief provisions. They ensure that when parties seek to rely on the Act’s protections (or when courts or tribunals assess whether those protections apply), the relevant period is determined consistently by reference to another part of the Act—namely section 3(1) (and any extension or shortening under section 3(2)(b)).
What Are the Key Provisions?
Section 1: Citation and commencement
Section 1 provides the formal identity of the instrument and when it takes effect. It states that the Regulations are the “COVID‑19 (Temporary Measures) (Part 8B Relief) Regulations 2020” and that they come into operation on 30 November 2020. This is important for practitioners assessing whether the prescribed period rule applies to events occurring before or after that date (for example, whether a contract description or related procedural step falls within the relevant statutory window).
Section 2: Prescribed period for section 39D of the Act
Section 2 is the operative provision. It addresses the purpose of section 39D(1)(c) of the Act. The Regulations prescribe the “period for the description of contracts to which the construction contract belongs.” In other words, the Act uses a concept of a contract’s “description” (and that description is tied to a period). Section 2 tells you what that period is.
The prescribed period is the period prescribed under section 3(1) of the Act, as may be extended or shortened under section 3(2)(b) of the Act, for that description of contracts. This is a classic legislative “cross-reference” technique: rather than repeating the timing rule, the Regulations incorporate the Act’s general timing mechanism.
Why this cross-reference matters
In many COVID‑19 temporary measures regimes, the relief depends on whether the contract falls within a defined period (for example, a period during which certain obligations or classifications are treated differently). Section 2 ensures that the period used for the “description of contracts” under section 39D(1)(c) is aligned with the Act’s general prescribed period under section 3.
From a legal practice perspective, this means that when advising clients—whether contractors, employers, or other parties to construction-related arrangements—counsel must look beyond the Regulations themselves and examine the Act’s section 3 provisions. If section 3(1) sets the baseline period, and section 3(2)(b) allows that period to be extended or shortened, then the “prescribed period” under section 2 will change accordingly. Any amendment or extension affecting section 3 will therefore indirectly affect the operation of section 39D(1)(c) as implemented through these Regulations.
Practical effect on contract disputes and relief applications
Although the extract does not reproduce the text of section 39D(1)(c), the structure indicates that section 39D(1)(c) contains a condition requiring a “description of contracts” and that the Regulations specify the relevant period for that description. In disputes, this can become decisive. For example, if one party argues that the contract falls within the relevant category for relief, the other party may contest whether the contract description is tied to the correct period. Section 2 provides the authoritative answer: the relevant period is the section 3 period (with any extension or shortening).
Accordingly, practitioners should treat section 2 as a timing rule that can affect eligibility, applicability, and interpretation of the Act’s relief provisions in construction-related contexts.
How Is This Legislation Structured?
The Part 8B Relief Regulations are extremely concise. They consist of:
(1) Section 1 — a citation and commencement provision.
(2) Section 2 — a single substantive provision prescribing the period for the purpose of section 39D(1)(c) of the Act.
There are no additional parts, schedules, or detailed procedural rules in the extract. The Regulations function as a targeted legislative “adjustment” to the Act, rather than a comprehensive standalone code.
Who Does This Legislation Apply To?
Because the Regulations are subsidiary legislation made under the Act, their practical application depends on how section 39D of the Act operates. In general, the Act’s COVID‑19 temporary measures were designed to affect parties to certain contracts and related legal relationships during the pandemic period. The Regulations therefore apply to parties whose rights or obligations are assessed under section 39D—particularly where the assessment turns on the “description of contracts” and the period to which that description relates.
In construction contexts, this typically involves construction contract parties (such as employers and contractors) and any stakeholders who may rely on statutory relief or who may be subject to statutory consequences under the Act. However, the Regulations themselves do not list categories of persons; instead, they prescribe a period used for interpreting a statutory condition. As a result, the “who” is best determined by reading section 39D of the Act alongside section 2 of these Regulations.
Why Is This Legislation Important?
Even though the Part 8B Relief Regulations are short, they are legally significant because they determine how a key statutory condition is interpreted. In statutory relief regimes, timing is often the difference between eligibility and exclusion. By prescribing the period by reference to section 3(1) (and any extension/shortening under section 3(2)(b)), the Regulations ensure that the relief framework remains coherent and responsive to changes in the Act’s overall prescribed period.
For practitioners, the importance lies in cross-referencing discipline. A lawyer advising on a matter involving section 39D(1)(c) must not stop at the Regulations. The prescribed period is not fixed in the Regulations; it is dynamic because it depends on the Act’s section 3 provisions. If the Act’s prescribed period is extended or shortened, the effect flows through to the Regulations’ prescription.
From an enforcement and dispute-resolution standpoint, this can streamline arguments and reduce uncertainty. Courts and tribunals can apply a clear rule: the relevant period is the section 3 period (as modified). That clarity can influence outcomes in applications for relief, determinations of whether statutory protections apply, and assessments of contractual classification for COVID‑19 temporary measures purposes.
Finally, because the Regulations commenced on 30 November 2020, counsel should also consider whether any relevant contract events or procedural steps occurred before that date. Where timing is contested, commencement can be relevant to whether the prescribed period rule was in force at the material time.
Related Legislation
- COVID‑19 (Temporary Measures) Act 2020 (Act 14 of 2020) — in particular:
- Section 3 (prescribed period and extension/shortening under section 3(2)(b))
- Section 39D(1)(c) (the provision for which the Regulations prescribe the period)
- Section 39F (the enabling provision under which these Regulations were made)
- COVID‑19 (Temporary Measures) (Part 8B Relief) Regulations 2020 — S 966/2020 (this instrument)
Source Documents
This article provides an overview of the COVID-19 (Temporary Measures) (Part 8B Relief) Regulations 2020 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.