5. Temporary relief from actions for inability to perform scheduled contract

a party to a scheduled contract (called in this Division A) is or will be unable to perform an obligation in the contract (called in this Division the subject inability), being an obligation that is to be performed on or after 1 February 2020;

the inability is to a material extent caused by a COVID‑19 event; and

A has served a notification for relief in accordance with section 9(1) on —

the other party or parties to the contract;

any guarantor or surety for A’s obligation in the contract; and

such other person as may be prescribed.

the expiry of the prescribed period; (b)the withdrawal by A of A’s notification for relief;

on an application under section 9(2), the assessor makes a determination that the case in question is not one to which this section applies.

the commencement or continuation of an action in a court against A or A’s guarantor or surety; (b)the commencement or continuation of arbitral proceedings under the Arbitration Act (Cap. 10) against A or A’s guarantor or surety;

the enforcement of any security over any immovable property;

the enforcement of any security over any movable property used for the purpose of a trade, business or profession; Example Plant and machinery.

the making of an application under section 210(1) of the Companies Act (Cap. 50) for a meeting of creditors to be summoned to approve a compromise or an arrangement in relation to A or A’s guarantor or surety;

the making of an application for a judicial management order in relation to A or A’s guarantor or surety; (g)the making of an application for the winding up of A or A’s guarantor or surety;

the making of a bankruptcy application against A or A’s guarantor or surety;

the appointment of a receiver or manager over any property or undertaking of A or A’s guarantor or surety;

the commencement or levying of execution, distress or other legal process against any property of A or A’s guarantor or surety, except with the leave of the court and subject to such terms as the court imposes;

the repossession of any goods under any chattels leasing agreement, hire‑purchase agreement or retention of title agreement, being goods used for the purpose of a trade, business or profession; Example A motor car used as a private hire car, that is the subject of a hire‑purchase agreement.

the termination of a scheduled contract (being a lease or licence of immovable property) where the subject inability is the non‑payment of rent or other moneys;

the exercise of a right of re-entry or forfeiture under a scheduled contract (being a lease or licence of immovable property), or the exercise of any other right that has a similar outcome; (n)the enforcement against A or A’s guarantor or surety of a judgment of a court, an award made by an arbitral tribunal in arbitral proceedings conducted under the Arbitration Act, or a determination by an adjudicator under the Building and Construction Industry Security of Payment Act; and

such other action as may be prescribed.

does not apply in relation to a description of scheduled contracts (or a part of such contract); or

applies in relation to a description of scheduled contracts (or a part of such contract) subject to modifications set out in the regulations,and this Part applies in relation to that description of scheduled contracts (or part) as if that paragraph (or part) were omitted or modified in the manner so set out.

the expiry of the prescribed period;

the withdrawal by A of A’s notification for relief; (c)on an application under section 9(2), the making of a determination by the assessor that the case in question is not one to which this section applies.

proceedings before a court;

arbitral proceedings under the Arbitration Act;

such other proceedings as may be prescribed,in relation to the subject inability, that are pending at the time A serves the notification for relief in accordance with section 9(1), must be stayed on the lodgment by A of a copy of the notification for relief with the court, arbitral tribunal, or other person or body before which the proceedings are brought, until the earliest of the following:

the expiry of the prescribed period;

the withdrawal by A of A’s notification for relief; (f)on an application under section 9(2), the assessor makes a determination that the case in question is not one to which this section applies.

each period mentioned in sections 100(1)(a), (b) and (c) and 103(2) of the Bankruptcy Act (Cap. 20) (as applied by section 329 of the Companies Act, or section 329 of the Companies Act as applied by section 130 of the Variable Capital Companies Act 2018 (Act 44 of 2018)); (b)each period mentioned in sections 330, 331(1) and (2) and 341(2) of the Companies Act (including those provisions as applied by section 130 of the Variable Capital Companies Act 2018);

each period mentioned in section 226(1)(a), (b) and (c) of the Insolvency, Restructuring and Dissolution Act 2018 (Act 40 of 2018) (including that provision as applied by section 130 of the Variable Capital Companies Act 2018);

each period mentioned in sections 228(2), 229(2)(a) and (b) and 240(2) of the Insolvency, Restructuring and Dissolution Act 2018 (including those provisions as applied by section 130 of the Variable Capital Companies Act 2018);

each period mentioned in paragraphs 79(1)(a), (b) and (c), 82(2), 84(1) and 85(1) and (2) of the Fifth Schedule to the Limited Liability Partnerships Act (Cap. 163A).

each period mentioned in sections 100(1)(a), (b) and (c) and 103(2) of the Bankruptcy Act (as applied by section 227T of the Companies Act);

the period mentioned in section 341(2) of the Companies Act (as applied by section 227X(b) of the Companies Act);

each period mentioned in sections 226(1)(a), (b) and (c), 228(2), 229(2)(a), (b) and (c) and 240(2) of the Insolvency, Restructuring and Dissolution Act 2018.

each period mentioned in sections 100(1)(a), (b) and (c) and 103(2) of the Bankruptcy Act;

each period mentioned in sections 363(1)(a), (b) and (c) and 366(2) of the Insolvency, Restructuring and Dissolution Act 2018.