Singapore legislation

Clause 7

of COVID-19 (Temporary Measures) (Amendment) Bill

Clause 7

New sections 7A and 7B

The principal Act is amended by inserting, immediately after section 7, the following sections:“Relief from late payment interest or other charge7A.—

(1)

This section applies to a case mentioned in section 5 where —

(a)

the scheduled contract is within a description of contracts prescribed as contracts to which this section applies; and

(b)

the subject inability is the inability to pay any money at the time it becomes due and payable, being a time within the prescribed period.(2) Where the contract requires A to pay B any interest or other charge (however described) for the subject inability, then, despite anything in the contract, A is only liable under the contract to pay B interest or other charge not exceeding the prescribed rate or amount in respect of the subject inability.(3) For the purposes of subsection (2), different rates or amounts may be prescribed for different circumstances, and a zero rate or amount may be prescribed.(4) Subsection (2) does not apply if —

(a)

the notification for relief is withdrawn; or

(b)

an assessor makes a determination that the case in question is not one to which section 5 applies.(5) Despite any law or anything in the contract, B may not, after being served with the notification for relief in accordance with section 9(1), terminate the contract on the basis of the subject inability until after the earliest of the following:

(a)

the expiry of the prescribed period;

(b)

the withdrawal by A of A’s notification for relief; (c)on an application under section 9(2), the assessor makes a determination that the case in question is not one to which section 5 applies.(6) This section does not apply to any obligation to make payment under a statutory repayment schedule under Division 5 of Part 2A.Holding over after termination or expiry of lease or licence of non-residential immovable property7B.—

(1)

This section applies to a case mentioned in section 5 where —

(a)

the scheduled contract is a lease or licence of non‑residential immovable property; and

(b)

the subject inability is the inability to vacate the property after the termination or expiry of the lease or licence and before the end of the prescribed period.(2) Despite any law or anything in the contract, if —

(a)

the subject inability is caused by a COVID‑19 event; and

(b)

such conditions as may be prescribed are also satisfied,then the lessee or licensee is not liable to pay the lessor or licensor any sums that the lessee or licensee is otherwise liable to pay under the law or contract for the inability, in excess of such amount as may be prescribed.(3) Subsection (2) does not apply to such sums payable under any law or contract, or to such circumstances, as may be prescribed by regulations made under section 19.(4) Subsection (2) does not apply if —

(a)

the notification for relief is withdrawn; or

(b)

an assessor makes a determination that the case in question is not one to which section 5 applies.(5) To avoid doubt, subsection (2) does not —

(a)

limit the operation of section 5;

(b)

affect any other rights and liabilities of the parties to the lease or licence; or

(c)

affect any compromise or settlement made before the service of the notification for relief.”.

Clause 7 — COVID-19 (Temporary Measures) (Amendment) Bill