Riot Compensation Act 2016
Riot Compensation Act 2016
2016 CHAPTER 8
An Act to repeal the Riot (Damages) Act 1886 and make provision about types of claims, procedures, decision-making and limits on awards payable in relation to a new compensation scheme for property damaged, destroyed or stolen in the course of riots.
[23rd March 2016]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Claims for compensation
1 Claims for compensation for riot damage etc
(1) Where—
(a) a person’s property has been damaged, destroyed or stolen in the course of a riot,
(b) the property is property in respect of which a claim may be made under this subsection (see section 2(1)), and
(c) the property was not insured, or was not adequately insured, for the damage, destruction or theft,
the person may claim compensation from the appropriate local policing body.
(2) Where—
(a) a person’s property has been damaged, destroyed or stolen in the course of a riot,
(b) the property is property in respect of which a claim may be made under this subsection (see section 2(2)), and
(c) an insurance company has (to any extent) met a claim by the person under a policy of insurance in respect of the damage, destruction or theft,
the insurance company may claim compensation from the appropriate local policing body.
(3) The appropriate local policing body is the local policing body which is responsible for the police area in which the property was situated at the time of the riot.
(4) A claim under this section must be made in accordance with regulations made under section 3.
(5) For the purposes of subsection (1)(c), property is not adequately insured if—
(a) it is insured for an amount that is less than its value, or
(b) it is insured subject to an excess.
(6) In this Act, “riot” is to be construed in accordance with section 1 of the Public Order Act 1986, but does not include a riot in any of the following places—
(a) a prison, young offender institution or secure training centre;
(b) a hospital where persons are detained under Part 2 or 3 of the Mental Health Act 1983;
(c) a removal centre, a short-term holding facility or pre-departure accommodation (within the mea ning given by section 147 of the Immigration and Asylum Act 1999).
2 Property in respect of which claims may be made
(1) A claim may be made under section 1(1) only in respect of—
(a) a building,
(b) property falling within subsection (3), or
(c) a motor vehicle falling within any of the paragraphs of the Schedule (motor vehicles in respect of which claims may be made).
(2) A claim may be made under section 1(2) only in respect of—
(a) a building,
(b) property falling within subsection (3), or
(c) a motor vehicle falling within paragraph 4 of the Schedule (vehicle forming part of stock in trade of a business).
(3) Property falls within this subsection if it is property (other than a motor vehicle) which at the time of the riot was situated—
(a) within a building,
(b) within the curtilage of a building, or
(c) on land being used for the purposes of a business carried on by the claimant.
(4) The Secretary of State may by regulations—
(a) amend subsection (3);
(b) make provision about the meaning of terms used in that subsection.
(5) In this section—
“building” includes— (a) a permanent or semi-permanent structure in the nature of a building (including a caravan or houseboat), and (b) a building in the course of construction;
“motor vehicle” means a mec hanically propelled vehicle intended or adapted for use on roads.
3 Regulations about claims procedure
(1) The Secretary of State must make regulations about the procedure for making a claim under section 1.
(2) The regulations may include provision about—
(a) the appropriate person to make a claim (in particular where more than one person has an interest in property that has been damaged, destroyed or stolen), and
(b) the circumstances in which a single claim must cover a number of different items or types of property.
(3) The regulations may also include provision about—
(a) the person to whom a claim must be addressed;
(b) the time period within which a claim must be made;
(c) the details and evidence that must be submitted by the claimant;
(d) the time period within which details and evidence must be submitted;
(e) the submission of new evidence relating to a claim already made or determined.
(4) Regulations under subsection (3)(b) or (3)(d) must provide that—
(a) the time period within which a claim may be made ends no earlier than 42 days from the date of the riot;
(b) the time period within which details and evidence must be submitted ends no earlier than 90 days from the date the claimant first made the claim.
(5) Regulations under subsection (3)(c) may include a requirement that any estimates of the cost of repairs are to be prepared by contractors approved by the Secretary of State or a local policing body.
The decision-maker
4 The decision-maker on a claim
(1) The decision on a claim is to be made by the appropriate local poli cing body, except where—
(a) the body delegates functions to another person in accordance with regulations made under subsection (2)(b), or
(b) the Secretary of State makes a direction under section 5(1)(b) (transfer of claims to the Secretary of State).
(2) The Secretary of State may make regulations allowing a local policing body to delegate to another person either or both of the following functions—
(a) dealing with procedural matters on a claim;
(b) making a decision on a claim.
(3) Regulations under subsection (2) may in particular make provision about—
(a) the persons to whom functions may be delegated,
(b) the types of claim in relation to which functions may be delegated (by reference to the nature of the property, the amount of the claim, the identity of the claimant or otherwise), and
(c) the payment and auditing of persons to whom functions are delegated.
5 Transfer of claims to the Secretary of State
(1) The Secretary of State may direct a local policing body to transfer to the Secretary of State either or both of the following functions—
(a) dealing with procedural matters on a claim;
(b) making a decision on a claim.
(2) A direction under this section may relate to—
(a) all claims to the local policing body (whether made before or after the time of the direction), or
(b) claims of a particular description.
(3) The Secretary of State may make a direction only if—
(a) riots have occurred in two or more police areas at or about the same time,
(b) a riot has moved from one police area to another, or
(c) a local policing body has requested the Secretary of State to make a direction in respect of claims that have been or may be made to it.
(4) Before making a direction in the circumstances described in subsection (3)(a) or (b), the Secretary of State must consult all local policing bodies that may be affected by the direction.
(5) The Secretary of State must publish a...
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