The Riot Compensation Regulations 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement the Riot Compensation Act 2016 (c. 8) (“the Act”) except section 6.

Regulation 1 provides for citation, commencement and interpretation. Regulation 2 amends section 2(3) of the Act to include in the categories of property in respect of which a compensation claim may be made property used or intended for use in connection with a business of the claimant which, at the time of the riot, was contained in a qualifying motor vehicle or a device attachable to it.

Regulation 3 provides for where two or more persons may make separate claims in respect of the same property. Regulation 4 prohibits (with one exception) any person from making more than one claim in relation to property at the same postal address or comprising, or within, the common parts of premises. Regulation 5 provides for how a claim must be made and regulation 6 for claim time limits. Regulation 7 requires a claimant who has made an insurance claim to provide details of it and sets out the circumstances in which an Authority (as defined in regulation 1(2)) may refuse a claim. Regulation 8 permits (subject to conditions) a local policing body to delegate its functions to another person.

Regulation 9 sets out the ordinary bases of compensation for a claim by a person other than an insurance company claimant (i.e. by an “ordinary claimant”) and regulation 10 provides for exceptions in relation to motor vehicles and stock in trade. Regulations 11 and 12 make equivalent provision for insurance company claimants. Regulation 13 provides for where an Authority may make a further decision on the payment of compensation. Regulation 14 requires an Authority to make a deduction from compensation under an ordinary claim to take account of compensation provided to the ordinary claimant out of public funds. Regulation 15 provides for the circumstances in which, and the bases on which, an Authority must provide compensation to an ordinary claimant whose home has been rendered uninhabitable by a riot.

Regulations 16 and 17 permit an Authority to refuse a claim or decrease compensation where it considers this appropriate in view of certain specified acts or omissions of claimants or to refuse a claim if the Authority believes it or any other or related claim is fraudulent. Regulation 18 sets out further costs which an Authority may take into account in deciding the amount of compensation. Regulation 19 permits an Authority to provide for interim payments and for the payment of compensation in instalments. Regulation 20 permits an Authority to arrange for repairs to be carried out on damaged property. Regulation 21 sets out decision notification requirements for an Authority.

Regulations 22 to 23 set out the procedures for the review of an Authority’s decision on a claim and regulation 24 provides for a claimant’s appeal rights.

A full impact assessment of the effect that this instrument will have on the costs of business, the public sector and the voluntary sector is available from the Better Regulation Unit, Home Office, 2 Marsham Street, London SW1P 4DF and is also published with the Explanatory Memorandum alongside this instrument on https://legislation.gov.uk.