Singapore legislation
Clause 5
Clause 5
Saving and transitional provisions — deletion of Part 8C of COVID‑19 (Temporary Measures) Act 2020
(1)
Despite section 4(b) but subject to subsection (2) —
the validity and effect of any delivery date treated as being provided by an affected agreement after an extension under section 39I(1) or (5) of the COTMA as in force immediately before the applicable date, continue to apply for the purposes of the affected agreement; and
section 39I(7) of the COTMA and the Part 8C Regulations as in force immediately before the applicable date continue to apply in relation to a delivery date mentioned in paragraph (a).
(2)
Subsection (1)(a) applies in relation to the delivery date treated as being provided by an affected agreement after an extension under section 39I(5) of the COTMA as in force immediately before the applicable date, provided that a developer notifies a purchaser of the assessor’s certification under section 39O(1)(a) of the COTMA (made before the applicable date) —
in the form and manner prescribed for the purposes of section 39I(6)(a) of the COTMA; and
within the time prescribed for the purposes of section 39I(6)(b) of the COTMA, even though the time prescribed expires on or after the applicable date.
(3)
Section 39J of the COTMA as in force immediately before the applicable date continues to apply in relation to any purchaser of an affected agreement, and for the purposes of determining the end of the moratorium period —
the reference in section 39J(3)(b)(i) of the COTMA to the day the purchaser is notified under section 39I(6) of the COTMA of the assessor’s certification is to be read as a reference to the day the purchaser is notified under section 39I(6) of the COTMA as applied by subsection (2); and
the reference in section 39J(3)(b)(ii) of the COTMA to the prescribed date is to be read as a reference to the date determined in accordance with regulation 12 of the Part 8C Regulations as in force immediately before the applicable date.
(4)
Where an application has been made under section 39L(1)(a) of the COTMA as in force immediately before the applicable date for an assessor’s certification under section 39O(1)(a) of the COTMA, and a decision is pending immediately before the applicable date —
the application continues and must be dealt with in accordance with sections 39N, 39O(1)(a), (2) and (4) and 39OB to 39OG of the COTMA and the Part 8C Regulations as in force immediately before the applicable date, as if section 4(b) had not been enacted; and
the appointment of the assessor appointed under section 39N(4) of the COTMA to determine the application continues until the application is disposed of.
(5)
Section 4(b) does not affect a claim by a purchaser claiming reimbursement from a developer of the qualifying costs incurred by the purchaser, as permitted under section 39K(1)(a) or (2)(a) of the COTMA as in force immediately before the applicable date, and section 39K(3) to (7) of the COTMA and the Part 8C Regulations as in force immediately before that date continue to apply to and in relation to the purchaser’s claim, as if section 4(b) had not been enacted.
(6)
Where an application has been made under section 39L(1)(b) of the COTMA as in force immediately before the applicable date for a determination as to the amount a developer is liable to reimburse a purchaser under section 39K of the COTMA, and a decision is pending immediately before the applicable date —
the application continues and must be dealt with in accordance with sections 39N, 39O(1)(b), (3) and (4) and 39OA to 39OG of the COTMA and the Part 8C Regulations as in force immediately before the applicable date, as if section 4(b) had not been enacted; and
the appointment of the assessor appointed under section 39N(4) of the COTMA to determine the application continues until the application is disposed of.
(7)
Where an application has been made under section 39OA of the COTMA as in force immediately before the applicable date to vary or replace an assessor’s determination under section 39O(1)(b) of the COTMA of the amount of reimbursement that a purchaser is entitled to claim from a developer under section 39K of the COTMA, and a decision is pending immediately before the applicable date —
the application continues and must be dealt with in accordance with sections 39OA to 39OG of the COTMA and the Part 8C Regulations as in force immediately before the applicable date, as if section 4(b) had not been enacted; and
the appointment of the assessor who made the original determination or another assessor mentioned in section 39OA(1) of the COTMA continues until the application is disposed of.
(8)
In this section —
Definition
“affected agreement”, “delivery date”, “developer” and “qualifying costs” have the meanings given by section 39G of the COTMA as in force immediately before the applicable date;
Definition
“applicable date” means the date of commencement of section 4(b);
Definition
“COTMA” means the COVID‑19 (Temporary Measures) Act 2020;
Definition
“Part 8C Regulations” means the COVID‑19 (Temporary Measures) (Part 8C Relief) Regulations 2021 (G.N. No. S 497/2021).