Riot (Damages) Act 1886 (repealed)

Riot (Damages) Act 1886

1886 CHAPTER 38 49 and 50 Vict

An Act to provide Compensation for Losses by Riots.

[25th June 1886]

Modifications etc. (not altering text)

C1 Preamble omitted under authority of Statute Law Revision Act 1898 (c. 22)

C2 Act amended by Public Order Act 1986 (c. 64, SIF 39:2), s. 10(1)

1 Short title. E+W

This Act may be cited for all purposes as the Riot (Damages) Act 1886.

2 Compensation to persons for damage by riot. E+W

(1) Where a house, shop, or building in [F1 a police area] has been injured or destroyed, or the property therein has been injured, stolen, or destroyed, by any persons riotously and tumultuously assembled together, such compensation as hereinafter mentioned shall be paid out of [F2 the police fund] of [F1 the area] to any person who has sustained loss by such injury, stealing, or destruction; but in fixing the amount of such compensation regard shall be had to the conduct of the said person, whether as respects the precautions taken by him or as respects his being a party or accessory to such riotous or tumultuous assembly, or as regards any provocation offered to the persons assembled or otherwise.

(2) Where any person having sustained such loss as aforesaid has received, by way of insurance or otherwise, any sum to recoup him, in whole or in part, for such loss, the compensation otherwise payable to him under this Act shall, if exceeding such sum, be reduced by the amount thereof, and in any other case shall not be paid to him, and the payer of such sum shall be entitled to compensation under this Act in respect of the sum so paid in like manner as if he had sustained the said loss, and any policy of insurance given by such payer shall continue in force as if he had made no such payment, and where such person was recouped as aforesaid otherwise than by payment of a sum, this enactment shall apply as if the value of such recoupment were a sum paid.

Textual Amendments

F1 Words in s. 2(1) substituted (22.8.1996) by 1996 c. 16, ss. 103(1), 104(1), Sch. 7 Pt. II para. 9

F2 Words substituted by Police Act 1964 (c. 48), Sch. 9

3 Mode of awarding compensation. E+W

(1) Claims for compensation under this Act shall be made to the [F3 compensation authority] of the [F4 police area] in which the injury, stealing, or destruction took place, and such [F3 compensation authority] shall inquire into the truth thereof, and shall, if satisfied, fix such compensation as appears to them just.

(2) A Secretary of State may from time to time make, and when made, revoke and vary regulations respecting the time, manner, and conditions within, in, and under which claims for compensation under this Act are to be made, and all claims not made in accordance with such regulations may be excluded. Such regulations may also provide for the particulars to be stated in any claim, and for the verification of any claim, and of any facts incidental thereto, by statutory declarations, production of books, vouchers, and documents, entry of premises, and otherwise, and may also provide for any matter which under this Act can be prescribed, and for the [F3 compensation authority] obtaining information and assistance for determining the said claims.

(3) The said regulations shall be published in the London Gazette, and every [F3 compensation authority] shall cause the same to be published in their [F4 police area], and copies thereof to be at all times sold to any applicant at a price not exceeding [F5 2½p] for each copy.

Textual Amendments

F3 Words substituted by Police Act 1964 (c. 48), Sch. 9

F4 Words in s. 3(1)(3) substituted (22.8.1996) by 1996 c. 16, ss. 103(1), 104(1), Sch. 7 Pt. II para. 10

F5 Words substituted by virtue of Decimal Currency Act 1969 (c. 19), s. 10(1)

4 Right of action to person aggrieved. E+W

(1) Where a claim to compensation has been made in accordance with the regulations, and the claimant is aggrieved by the refusal or failure of the [F6 compensation authority] to fix compensation upon such claim, or by the amount of compensation fixed, he may bring an action against the [F6 compensation authority] to recover compensation in respect of all or any of the matters mentioned in such claim and to an amount not exceeding that mentioned therein, but if in such action he fails to recover any compensation or an amount exceeding that fixed by the [F6 compensation authority], he shall pay the costs of the police authority as between solicitor and client.

F7 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Words substituted by Police Act 1964 (c. 48), Sch. 9

F7 S. 4(2) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. I Group1

5 Payment of compensation and expenses, and raising of money. E+W

(1) Where any compensation under this Act has been fixed by or recovered in an action against the [F8 compensation authority], that authority shall, on the prescribed conditions having been complied with, pay in the prescribed manner the amount of such compensation out of [F8 the police fund, and shall also pay out of the said fund], all costs and expenses payable by them in or incidental to the execution of this Act; . . . F9

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

Textual Amendments

F8 Words substituted by Police Act 1964 (c. 48), Sch. 9

F9 Words repealed by Police Act 1964 (c. 48), Sch. 10 Pt. I

F10 S. 5(2) repealed by Police Act 1964 (c. 48),Sch. 10 Pt. I

F11 S. 5(3) repealed by Local Government Act 1972 (c. 70), Sch. 30

F12 S. 5(4) repealed by Police Act 1964 (c. 48), Sch. 10 Pt. I

6 Application of Act to wreck and machinery. E+W

This Act shall apply—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

(b) in the case of the injury or destruction, by persons riotously and tumultuously assembled together, of any machinery, whether fixed or movable, prepared for or employed in any manufacture, or agriculture, or any branch thereof, or of any erection or fixture about or belonging to such machinery, or of any steam engine or other engine for sinking, draining, or working any mine or quarry, or of any staith or erection used in conducting the business of any mine or quarry, or of any bridge, waggon-way, or trunk for conveying minerals or other product from any mine or quarry;

in like manner as if such . . . F14 injury or destruction were an injury, stealing, or destruction in respect of which compensation is payable under the foregoing provisions of this Act . . . F14

Textual Amendments

F13 S. 6(a) repealed by Merchant Shipping Act 1894 (c. 60), Sch. 22

F14 Words repealed by Merchant Shipping Act 1894 (c. 60), Sch. 22

7 As to claimants in the case of churches, public institutions, &c. E+W

For the purposes of this Act—

(a) where a church or chapel has been injured or destroyed, or any property therein has been injured, stolen, or destroyed, the churchwardens or chapelwardens, if any, or, if there are none, the persons having the management of such church or chapel, or chapel, or the persons in whom the legal estate in the same is vested; and

(b) Where a school, hospital, public institution, or public building, has been injured or destroyed, or any property therein has been injured, stolen, or destroyed, the persons having the control of such school, hospital, institution, or building, or the persons in whom the legal estate in the same is vested;

shall be deemed to be the persons who have sustained loss from such injury, stealing, or destruction, and claims may be made by any one or more of such persons in relation both to the building and to the property therein, and payment to any such claimant shall discharge the liability of the [F15 compensation authority] to pay compensation, but shall be without prejudice to the right of any person to recover the compensation from such payee.

Textual Amendments

F15 Words substituted by Police Act 1964 (c. 48), Sch. 9

8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16 E+W

Textual Amendments

F16 S. 8 repealed by Police Act 1964 (c. 48), Sch. 10 Pt. I

9 Definitions. E+W

In this Act, unless the context otherwise requires—

• The expression “person” includes a body of persons, corporate or unincorporate:

• The expression “ [F17 police area]”[F18 and the expression “police fund” have the same meaning as in [F17 the Police Act 1996] and the expression “compensation authority” means—

F19 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in relation to the metropolitan police district, the Receiver for that district; and

(c) in relation to [F17 any other police area], the police authority.]

• The expression “house, shop, or building” includes any premises appurtenant to the same:

F20 . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

Textual Amendments

F17 Words in s. 9 substituted (22.8.1996) by 1996 c. 16, ss. 103(1), 104(1), SCh. 7 Pt. II para. 11

F18 Words substituted by Police Act 1964 (c. 48), Sch. 9

F19 S. 9: para. (a) in definition of “compensation authority” repealed (1.4.1995) by 1994 c. 29, s. 93, Sch. 9 Pt. I; S.I. 1994/3262, art. 4(1), Sch.

F20 Definition in s. 9 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. I Group 1

F21 Definition of “Secretary of State” repealed by Statute Law Revision Act 1898 (c. 22)

F22 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F22 S. 10 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. I Group1

11 Extent of Act. E+W

This Act shall not extend to Scotland or Ireland.

F23 F23 SCHEDULE 1 E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F23 Sch. 1 repealed by Police Act 1964 (c. 48), Sch. 10 Pt. I

F24 F24 SCHEDULE 2 E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24 Sch. 2 repealed by Statute Law Revision Act 1898 (c. 22)