Claims for compensation
I11Claims 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 meaning given by section 147 of the Immigration and Asylum Act 1999).
I22Property 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
F1a
at the time of the riot was situated—
i
within a building,
ii
within the curtilage of a building, or
iii
on land being used for the purposes of a business carried on by the claimant, or
b
was being used, or was intended for use, in connection with a business carried on by the claimant and which, at the time of the riot, was contained in—
i
a motor vehicle falling within paragraph 1, 2 or 3 of the Schedule, or
ii
a trailer or other device originally manufactured for attachment to a motor vehicle which was attached (or intended to be attached from time to time) to a motor vehicle falling within any of those paragraphs,
and for the purposes of this subsection as it applies to a claim under section 1(2), “the claimant” means the person whose claim has been (to any extent) met by the insurance company as mentioned in section 1(2)(c).
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;
- a
“motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads.
I33Regulations 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.