HOME

TheInfoList



OR:

The Riot (Damages) Act 1886 (49 & 50 Vict c 38) was an Act of the Parliament of the United Kingdom. It authorised the payment of compensation, from the police fund of the
police area A police area is the area for which a territorial police force in the United Kingdom is responsible for policing. Every location in the United Kingdom has a designated territorial police force with statutory responsibility for providing pol ...
in question, to persons whose property had been injured, destroyed or
stolen Stolen may refer to: * ''Stolen'' (2009 Australian film), a 2009 Australian film * ''Stolen'' (2009 American film), a 2009 American film * ''Stolen: The Baby Kahu Story'' (2010 film), a film based on the real life kidnapping of baby Kahu Durie ...
during a
riot A riot is a form of civil disorder commonly characterized by a group lashing out in a violent public disturbance against authority, property, or people. Riots typically involve destruction of property, public or private. The property targeted ...
. The Act was repealed and replaced by the
Riot Compensation Act 2016 The Riot Compensation Act 2016 (c. 8) is an Act of the Parliament of the United Kingdom that repeals the Riot (Damages) Act 1886 and modernizes the procedures for the payment of compensation to persons whose property has been injured, destroyed ...
which received
Royal assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in othe ...
on 23 March 2016. In the Act, the words "riotous" and "riotously" were to be construed in accordance with section 1 of the Public Order Act 1986. The Supreme Court ruled in 2016 that the act sets out a self-contained statutory compensation scheme which does not extend to cover consequential losses.


Preamble

The preamble was repealed by the
Statute Law Revision Act 1898 The Statute Law Revision Act 1898 (61 & 62 Vict c 22) is an Act of the Parliament of the United Kingdom. This Act was repealed for the United Kingdom by Group 1 oPart IXof Schedule 1 to the Statute Law (Repeals) Act 1998. The enactments whic ...
.


Section 1 - Short title

This section authorised the citation of the Act by a short title.


Section 2 - Compensation to persons for damage by riot

This section now reads: :(1) Where a house, shop, or building in police areahas 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 he police fundof
he area He or HE may refer to: Language * He (pronoun), an English pronoun * He (kana), the romanization of the Japanese kana へ * He (letter), the fifth letter of many Semitic alphabets * He (Cyrillic), a letter of the Cyrillic script called ''He'' ...
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 The references to a
police area A police area is the area for which a territorial police force in the United Kingdom is responsible for policing. Every location in the United Kingdom has a designated territorial police force with statutory responsibility for providing pol ...
were substituted, for the previous references to a
police district Police district is a form of division of a geographical area patrolled by a police force. The 1885 ''Encyclopædia Britannica'' stated: Police forces using this format include: * Chicago Police Department * Baltimore Police Department * York Reg ...
, by sections 103(1) and 104(1) of, an
paragraph 9
of Part II of Schedule 7 to, the
Police Act 1996 The Police Act 1996c 16 is an Act of the Parliament of the United Kingdom which defined the current police areas in England and Wales, constituted police authorities for those areas, and set out the relationship between the Home Secretary and th ...
. The words "the police fund" were substituted for the words "the police rate" b
Schedule 9
to the
Police Act 1964 The Police Act 1964 (1964 c.48) was an Act of the Parliament of the United Kingdom that updated the legislation governing police forces in England and Wales, constituted new police authorities, gave the Home Secretary new powers to supervise lo ...
. "House, shop or building", "police area" and "police fund" These expressions are defined by section 9.


Section 3 - Mode of awarding compensation

This section now reads: :(1) Claims for compensation under this Act shall be made to the ompensation authorityof the olice areain which the injury, stealing, or destruction took place, and such ompensation authorityshall 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 ompensation authorityobtaining information and assistance for determining the said claims. :(3) The said regulations shall be published in the
London Gazette London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a major s ...
, and every ompensation authorityshall cause the same to be published in their olice area and copies thereof to be at all times sold to any applicant at a price not exceeding sixpence for each copy. Textual amendments The words "
police area A police area is the area for which a territorial police force in the United Kingdom is responsible for policing. Every location in the United Kingdom has a designated territorial police force with statutory responsibility for providing pol ...
" were substituted for the references to a
police district Police district is a form of division of a geographical area patrolled by a police force. The 1885 ''Encyclopædia Britannica'' stated: Police forces using this format include: * Chicago Police Department * Baltimore Police Department * York Reg ...
by sections 103(1) and 104(1) of, an
paragraph 10
of Part II of Schedule 7 to, the
Police Act 1996 The Police Act 1996c 16 is an Act of the Parliament of the United Kingdom which defined the current police areas in England and Wales, constituted police authorities for those areas, and set out the relationship between the Home Secretary and th ...
. The words "compensation authority" were substituted for the words "
police authority A police authority in the United Kingdom is a public authority that is responsible for overseeing the operations of a police force. The nature and composition of police authorities has varied over time, and there are now just four dedicated "police ...
" b
Schedule 9
to the
Police Act 1964 The Police Act 1964 (1964 c.48) was an Act of the Parliament of the United Kingdom that updated the legislation governing police forces in England and Wales, constituted new police authorities, gave the Home Secretary new powers to supervise lo ...
. "Police area" and "compensation authority" These expressions are defined by section 9. "Secretary of State" This expression is defined by the Interpretation Act 1978. "Sixpence" The word "sixpence" in section 3(3) is to be read as referring to the sum of 2½p by virtue o
section 10(1)
of the
Decimal Currency Act 1969 The decimal numeral system (also called the base-ten positional numeral system and denary or decanary) is the standard system for denoting integer and non-integer numbers. It is the extension to non-integer numbers of the Hindu–Arabic numeral ...
. Orders made under section 3(2) *S.R. & O. Rev. 1904, XI, "Riot, England", p. I., made on 30 June 1894, and revoked by article 13 of the next mentioned Order.
Regulations under the Riot (Damages) Act 1886, as to claims for compensation (1921)
(S.R. & O. 1921/1536)
The Riot (Damages) (Amendment) Regulations 1986
(S.I. 1986/76)
The Riot (Damages) (Amendment) Regulations 2011
(S.I. 2011/2002)
The Riot (Damages) (Amendment No. 2) Regulations 2011
(S.I. 2011/2009)


Section 4 - Right of action to person aggrieved

Section 4(1) now reads: The words in square brackets were substituted by Schedule 9 to the
Police Act 1964 The Police Act 1964 (1964 c.48) was an Act of the Parliament of the United Kingdom that updated the legislation governing police forces in England and Wales, constituted new police authorities, gave the Home Secretary new powers to supervise lo ...
. Section 4(2) was repealed on 5 November 1993 by section 1(1) of, and Group 1 o
Part I
of Schedule 1 to, the
Statute Law (Repeals) Act 1993 The Statute Law (Repeals) Act 1993 (c 50) is an Act of the Parliament of the United Kingdom. It implemented recommendations contained in the fourteenth report on statute law revision, by the Law Commission and the Scottish Law Commission. It r ...
.


Section 5 - Payment of compensation and expenses, and raising of money


Section 5(1)

Section 5(1) now reads: The words in square brackets were substituted by Schedule 9 to the
Police Act 1964 The Police Act 1964 (1964 c.48) was an Act of the Parliament of the United Kingdom that updated the legislation governing police forces in England and Wales, constituted new police authorities, gave the Home Secretary new powers to supervise lo ...
. The words "and the amount required to meet the said payments (in this Act referred to as riot expenses), shall be raised as part of the police rate" at the end were repealed by Part I of Schedule 10 to the Police Act 1964.


Sections 5(2) to (4)

Sections 5(2) and (4) were repealed by Part I of Schedule 10 to the Police Act 1964. Section 5(3) was repealed by Schedule 30 to the Local Government Act 1972.


Section 6 - Application of Act to wreck and machinery

This section now reads: Section 6(a) was repealed by Schedule 22 to the Merchant Shipping Act 1894. It read: "in the case of the plundering, damage, or destruction of any ship or boat stranded or in distress on or near the shore of any sea or tidal water, or of any part of the cargo or apparel of such ship or boat, by persons riotously and tumultuously assembled together, whether on shore or afloat." The words "plundering, damage" in the penultimate place, and the words "and as if, in the case of such ship, boat, or cargo not being in any police district, such plundering, damage, or destruction took place in the nearest police district" at the end, were repealed by the same Schedule.


Section 7 - As to claimants in the case of churches, public institutions, etc


Section 8 - Compensation for loss sustained before passing of Act

This section was repealed by Part I of Schedule 10 to the
Police Act 1964 The Police Act 1964 (1964 c.48) was an Act of the Parliament of the United Kingdom that updated the legislation governing police forces in England and Wales, constituted new police authorities, gave the Home Secretary new powers to supervise lo ...
.


Section 9 - Definitions

This section defines the expressions "person", "police area", "police fund", "compensation authority", and "house, shop, or building". The definition of " borough" was repealed on 5 November 1993 by section 1(1) of, and Group 1 o
Part I
of Schedule 1 to, the
Statute Law (Repeals) Act 1993 The Statute Law (Repeals) Act 1993 (c 50) is an Act of the Parliament of the United Kingdom. It implemented recommendations contained in the fourteenth report on statute law revision, by the Law Commission and the Scottish Law Commission. It r ...
. The definition of "Secretary of State" was repealed by the
Statute Law Revision Act 1898 The Statute Law Revision Act 1898 (61 & 62 Vict c 22) is an Act of the Parliament of the United Kingdom. This Act was repealed for the United Kingdom by Group 1 oPart IXof Schedule 1 to the Statute Law (Repeals) Act 1998. The enactments whic ...
.


Section 10 - Repeal of Acts, and provision as to references to repealed Acts

This section was repealed on 5 November 1993 by section 1(1) of, and Group 1 o
Part I
of Schedule 1 to, the
Statute Law (Repeals) Act 1993 The Statute Law (Repeals) Act 1993 (c 50) is an Act of the Parliament of the United Kingdom. It implemented recommendations contained in the fourteenth report on statute law revision, by the Law Commission and the Scottish Law Commission. It r ...
.


Section 11 - Extent of Act

This section reads: In the United Kingdom, the reference to Ireland must now be construed as a reference to Northern Ireland.


Repeal

In 2002, Lord Bradshaw moved and then withdrew an amendment to the Police Reform Bill to repeal this Act. He said it was widely viewed as archaic. The Act was repealed by the
Riot Compensation Act 2016 The Riot Compensation Act 2016 (c. 8) is an Act of the Parliament of the United Kingdom that repeals the Riot (Damages) Act 1886 and modernizes the procedures for the payment of compensation to persons whose property has been injured, destroyed ...
which received
Royal assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in othe ...
on 23 March 2016.


See also

* Riot Acts


Notes


References

* Halsbury's Statutes


External links


The Riot (Damages) Act 1886
as amended from the National Archives.
The Riot (Damages) Act 1886
as originally enacted from the National Archives. {{UK legislation United Kingdom Acts of Parliament 1886