Clause 14

by deleting the words “A party to an affected contract” in subsection (1) and substituting the words “Subject to subsection (1A), a party to an affected contract (called in this section and section 37A A)”;

by inserting, immediately after subsection (1), the following subsection:“(1A) A may not apply to the Registrar to appoint an assessor to make a determination under subsection (1) if, in relation to the prescribed obligation or prescribed right under the contract in question, or the prescribed term in the contract in question —

proceedings before a court have commenced against A;

arbitral proceedings under the Arbitration Act (Cap. 10) have commenced against A;

an adjudication application has been made under section 13(1) of the Building and Construction Industry Security of Payment Act (Cap. 30B) (called in this Part SOPA) for a claim against A; or

a judgment, an arbitral award or a determination, in relation to proceedings or an application mentioned in paragraph (a), (b) or (c), has been given or made.”;

by inserting, immediately after subsection (2), the following subsections:“(2A) The Registrar may, for the purposes of deciding whether to appoint an assessor to determine an application, request A to provide further information within the time specified by the Registrar.(2B) The Registrar may reject an application if —

the application is incomplete or otherwise not made in accordance with subsection (1);

A fails to satisfy the Registrar that subsection (2) is complied with;

A fails to comply with the Registrar’s request under subsection (2A);

the Registrar reasonably suspects that any information provided by A to the Registrar is false or misleading in a material particular; or

it appears to the Registrar, from the application or any information provided by A in subsection (2A), that —

the application is made in breach of subsection (1A);

the contract in question does not satisfy section 36(1)(a)(i), (ii) or (iii);

one or more of the parties to the contract in question is a prescribed person mentioned in section 36(1)(a);

the case does not satisfy the prescribed conditions under section 36(1)(b);

the case comes within the circumstances mentioned in section 36(2);

the application does not disclose —

any prescribed obligation or prescribed right under the contract in question; or

any prescribed term in the contract in question; or

the application is frivolous or an abuse of process.”; and

by deleting the words “If the Registrar is satisfied that the application is made and served in accordance with subsections (1) and (2),” in subsection (3) and substituting the words “Unless the Registrar rejects an application under subsection (2B),”.