The Riot Compensation (Amendment) Regulations 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Riot Compensation Regulations 2017 (S.I. 2017/371) which implement the Riot Compensation Act 2016 (c.8) (“the Act”).

Regulation 1 provides for citation and commencement.

Regulation 2(2) amends regulation 3, which provides for the circumstances in which more than one person may make a compensation claim under the Act in respect of the same property, to set out more fully types of interest in the property that are included for these purposes. It also makes corrections to that regulation to reflect the fact that residential and business premises may not have common parts.

Regulation 2(3) amends regulation 4, which prohibits a person from making more than one compensation claim under the Act for each of two categories of property listed in that regulation, by extending the prohibition to all property in respect of which a person may make a claim. It also corrects the first category of property listed in the Regulations and removes the provision allowing an insurer claimant to make separate compensation claims in respect of building and contents insurance relating to property at the same address.

Regulation 2(4) amends regulation 7 so that it provides that the obligation of a claimant to provide details of any compensation claim already made relates to any such claim under the claimant’s insurance policy for the same property.

Regulation 2(5) amends regulation 9 so that it provides that in determining a claimant’s loss, an Authority (as defined in regulation 1(2)) must disregard any loss for which the claimant has already been compensated under an insurance policy for the same property. Regulation 2(6) corrects an incorrect heading. Regulation 2(7) corrects the definition of “local authority” which is relevant to the provision in regulation 14 for the deduction of compensation equivalent to the amount a claimant has received out of public funds. Regulation 2(8) amends regulation 23 to allow for communications relating to an Authority’s decision on a review of its original decision to be made to a claimant’s representative instead of the claimant.

A full impact assessment was prepared for the Riot Compensation Regulations 2017 and is available from the Better Regulation Unit, Home Office, 2 Marsham Street, London SW1P 4DF. These Regulations will have no separate impact on the costs of business, the public sector and the voluntary sector and for that reason no further impact assessment has been produced.