If you have property damaged during a riot you may be able to claim compensation under s2(1) of the Riot (Damages) Act 1886. Obviously this is a particularly useful right if you are not insured.
The full wording of the 1886 Act and related regulations made in 1921 are reproduced at the foot of this posting. Following the riots in August 2011 the law was amended by the Riot (Damages) (Amendment) Regulations 2011 and the Riot (Damages) (Amendment No. 2) Regulations 2011. A new claim form was also introduced.
Short time limit for claims
To claim you must notify the relevant police authority within 42 clear days “after the day when such injury, stealing or destruction took place” (regulation 2 of the Riot (Damages) (Amendment) Regulations 2011). In the past the period was 14 clear days, although police authorities had the power to extend this period to 42 days (regulation 2 of the 1921 regulations).
The permanent increase to 42 days took effect on 12 August 2011, the day after it was announced by the Prime Minister:
On repairing the damage, I confirm that any individual, home owner or business that has suffered damage to or loss of their buildings or property as a result of rioting can seek compensation under the Riot (Damages) Act 1886, even if uninsured. The Government will ensure the police have the funds they need to meet the cost of any legitimate claims, and whereas normally claims must be received within 14 days, we will extend the period to 42 days. The Association of British Insurers has said it expects the industry to be paying out in excess of £200 million, and has assured us that claims will be dealt with as quickly and constructively as possible.
It is unfortunate that the insurance industry did not reciprocate by announcing that it would changing the limitation period for notifying claims under insurance policies as they renewed and voluntarily extending it to 42 days in the meantime. As it is, if you are insured against riot damage it is very likely that you will be subject to an shorter time limit for notification under your policy. Some policies specify 7 days others require immediate notification. This is because having paid out to you the insurer may be able to recover part or all of the sums involved from the police authority (under s2(2) of the 1886 Act). However, to do so it previously had to notify the police authority within the 14 day period.
What is covered?
Compensation is NOT available for all losses. The 1886 Act covers houses, shops, buildings and their contents – plus machinery used for agricultural, manufacturing or mining purposes. So, for example, cars left on the highway are not covered, nor is there any compensation for consequential losses.
What information is required?
A new claim form has replaced that given in the 1921 regulations.
Riot (Damages) Act 1886
1. Short title.
This Act may be cited for all purposes as the Riot (Damages) Act 1886.
2. Compensation to persons for damage by riot.
(1) Where a house, shop, or building in 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 the police fund of 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.
3. Mode of awarding compensation.
(1) Claims for compensation under this Act shall be made to the compensation authority of the police area in which the injury, stealing, or destruction took place, and such 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 compensation authority obtaining information and assistance for determining the said claims.
(3) The said regulations shall be published in the London Gazette, and every compensation authority shall cause the same to be published in their police area, and copies thereof to be at all times sold to any applicant at a price not exceeding 2½p for each copy.
4. Right of action to person aggrieved.
(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 compensation authority to fix compensation upon such claim, or by the amount of compensation fixed, he may bring an action against the 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 compensation authority, he shall pay the costs of the police authority as between solicitor and client.5. Payment of compensation and expenses, and raising of money.
(1) Where any compensation under this Act has been fixed by or recovered in an action against the 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 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.
6. Application of Act to wreck and machinery.
This Act shall apply—
(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 injury or destruction were an injury, stealing, or destruction in respect of which compensation is payable under the foregoing provisions of this Act
7. As to claimants in the case of churches, public institutions, &c.
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 compensation authority to pay compensation, but shall be without prejudice to the right of any person to recover the compensation from such payee.
9. Definitions.
In this Act, unless the context otherwise requires—
The expression “person” includes a body of persons, corporate or unincorporate;
The expression “police area” and the expression “police fund” have the same meaning as in the Police Act 1996 and the expression “compensation authority” means—
(c) in relation to any police area, the police authority.
The expression “house, shop, or building” includes any premises appurtenant to the same
11. Extent of Act.
This Act shall not extend to Scotland or Ireland.
Regulations made by the Secretary of State as to claims for compensation 1921 (1921/1536)
1. All claims for compensation under the Act shall be made in writing, and shall be delivered as under:—
When the matter in respect of which the claim is made arises in—
The City of London and the liberties thereof To the Town Clerk of London.
The Metropolitan Police District To the Receiver for the Metropolitan Police District.
A police area consisting of a non-metropolitan county .. .. .. .. .. To the clerk to the County Council Any other police area .. .. .. .. .. To the clerk to the police authority.
2. All claims shall be so delivered within fourteen clear days after the day when such injury, stealing, or destruction took place.
Provided that the police authority, on application to be made before the expiration of the fourteen days, may, for special cause shown, enlarge the period of fourteen days to forty-two days, and in the event of such application being refused, the applicant may, within seven days after such refusal, appeal to the Secretary of State, whose decision shall be conclusive as to whether the claim shall be received. All claims shall be so delivered within forty-two clear days after the day when such injury, stealing or destruction took place.
3. All claims shall be made in the form appended to these Regulations.
4. The claim shall specify (a) the name and address of the claimant; (b) the day on and hour at which the injury, stealing, or destruction took place; (c) whether the premises are a house, shop, or building, where they are situated, and the nature of the claimant’s interest therein; (d) the circumstances in which the injury, stealing, or destruction took place, in sufficient detail to show whether it was committed by persons riotously and tumultuously assembled together.
5. The claim shall state separately the sums claimed for
(A) Destruction of premises,
(B) Injury to premises (including injury to windows, fittings, or fixtures thereof),
(C) Injury to other property in or on the premises,
(D) Theft or destruction of other property in or on the premises,
distinguishing, as regards (C) and (D), property belonging to the claimant from property belonging to others in his care.
6. When the claim is in respect of injury done either to premises or to property therein, it shall state shortly the nature of the injury; if the injury has been repaired, it shall state the cost of the repairs and be accompanied by the bill for such repairs; if the injury has not been repaired, but is repairable, then the claim shall contain a specification of the repairs required and an estimate by a competent person of their cost.
7. When the claim is in respect of property in or upon premises, whether such property has been injured, stolen, or destroyed, it shall, when practicable (except in the case of articles of the same nature and of small value, and except where the cost of repairs only is claimed), specify each article separately, and the sum claimed for it or for the injury thereto; and the claimant shall, when practicable, send with his claim vouchers or copies of vouchers for the sums paid by him for the property.
8. In all cases the claim shall state generally the evidence which the claimant is prepared to offer in support of it, and the place where such documents as he proposes to put in evidence may be inspected; and whether the claimant has received or may receive, or is entitled to, any compensation from any (and if so what) source for any loss included in his claim, and the amount of such compensation.
9. The claimant, if so required by the police authority, shall verify the claim by himself making such a statutory declaration, and by procuring and furnishing to the police authority such statutory declarations of other persons as the police authority may require in order to be satisfied that the injury, stealing, or destruction was committed or occasioned by persons riotously and tumultuously assembled together and that the amount of compensation claimed is just; and he shall produce to the said authority and to any person nominated by that authority all such documents under his control as are needed to support his claim, and shall deliver to the said authority copies thereof or extracts therefrom as may be required, and shall give to the said authority or any person nominated by that authority access to the premises and produce the property for injury to which the claim is made.
10. The police authority may make separate awards as regards property of the claimant and property not belonging to him.
When an award includes compensation for property in the care of, but not belonging to the claimant, it may provide that prior to payment either the claimant shall produce receipts from the owners for the sums payable to them, or their authority to him to receive the same, or that the claimant or some other person to be approved by the police authority shall enter into a bond or personal undertaking with the said authority in such sum as the award shall name for securing payment to the owners of such property of the sums due to them. When an award includes compensation for stolen property, it may provide for a similar bond or undertaking for securing either repayment to the police authority of the whole or such part as the said authority may determine of the compensation paid for such stolen property as may be subsequently recovered, or the delivery of the property so recovered to the said authority to be realised by them for the benefit of the police rate.
11. No costs will be allowed to any claimant.
12. The above Regulations shall, with the necessary variations, apply:
(a) 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; and
(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.
13 The Regulations made under the above-mentioned Act on the 30th June, 1894, are hereby revoked.
Form of Claim
RIOT (DAMAGES) ACT 1886
(1) .. .. .. .. .. .. .. .. .. the undersigned, claim the sum of (2) £ .. .. .. ..as compensation for (3)(a) destruction of, and (3)(b) injury done to, premises occupied by (4) .. .. .. ..and (3)(c) for injury to property therein, and (3)(d) for property therein stolen or destroyed, in the riot which occurred at (5) .. .. .. ..on the .. .. .. ..day of .. .. .. ..Particulars of such claim are given in the Schedules hereto.
The premises (3) destroyed and injured, and wherein the property was injured, stolen, or destroyed, are .. .. .. … (6) .. .. .. ..
The following are the circumstances in which the injury, stealing, or destruction took place:—(7).. .. .. ..
The following documents are sent herewith in support of the claim:—(8) .. .. .. ..
The following further evidence in support of the claim will be adduced:—(9) .. .. .. ..
(1) “I” or “We”.
(2) Insert total sum claimed.
(3) If the claim is not made under all the heads, the superfluous words should be struck out.
(4) “me” or “us”.
(5) Insert the hour or hours at which the riot occurred.
(6) Insert name of premises.
(7) State the circumstances showing that the injury, stealing or destruction was committed by persons riotously and tumultuously assembled together.
(8) Insert particulars of documents sent.
Note.—Bills for repairs should accompany the claim, and where the repairs have not been executed, an estimate of the cost, by a competent person, should be sent.
When practicable, vouchers or copies of vouchers for the sums paid for property injured, stolen or destroyed, should be sent with the claim.
(9) Insert particulars, adding, in the case of documents, where they can be inspected.
SCHEDULE A Claims as to Destruction of Premises
Regulation 5
Description and Situation Premises, and Nature of Claimant’s Interest
In what way destroyed
Estimated Cost of Restoration
Total £
Deduct sum received or which Claimant is entitled to or may receive as compensation from (1).. .. ..£
Amount claimed £
(1) Here insert the name of the person from whom compensation has been received, &c.
SCHEDULE B Claims as to Injury to Premises
Regulation 5
Description and Situation of Premises, and Nature of Claimant’s Interest
Short Particulars of Injury done
Cost of Repairs where executed
Estimated Cost of Repairs when not executed
£
£
Total £
Deduct sum received or which Claimant is entitled to or may receive as compensation from (2) .. .. .. ..£
Amount claimed £
(2) Here insert the name of the person from whom compensation has been received, &c.
SCHEDULE C Claims as to Injury to Property
Regulation 5
Part 1
Premises wherein Property was injured
Particulars of Property injured
Cost of Repairs where Property has been repaired
Estimated Cost of Repair where Property is proposed to be repaired
Estimated Amount of Damage in addition to Cost of Repair
£
£
£
Total £
Deduct sum received or which Claimant is entitled to or may receive as compensation from (1) .. .. .. ..£
Amount claimed £
(1) Here insert the name of the person from whom compensation has been received, &c.
Part 2
Premises wherein Property was injured
Particulars of Property injured
Name and Address of Owner
Cost of Repairs where Property has been repaired
Estimated Cost of Repair where Property is proposed to be repaired
Estimated Amount of Damage in addition to Cost of Repair
Total £
Deduct sum received or which Claimant or Owner is entitled to or may receive as compensation from (2) .. .. .. ..£
Amount claimed £
(2) Here insert the name of the person or company from whom compensation has been received, &c.
SCHEDULE D Property Stolen or Destroyed
Regulation 5
Part 1
Premises wherein stolen or destroyed
Particulars of Property stolen or destroyed
Estimated Amount of Loss
£
Deduct sum received or which Claimant is entitled to or may receive as compensation from (1) .. .. .. ..£
Amount claimed £
(1) Here insert the name of the person or company from whom compensation has been received, &c.
Part 2
Premises wherein stolen or destroyed
Particulars of Property stolen or destroyed
Name and Address of Owner
Estimated Amount of Loss
£
Deduct sum received or which Claimant or Owner is entitled to or may receive as compensation from (2) .. .. .. ..£
Amount claimed £
(2) Here insert the name of the person or company from whom compensation has been received, &c.
SCHEDULE A .. .. .. .. .. .. .. .. .. .. £
SCHEDULE B .. .. .. .. .. .. .. .. .. .. £
SCHEDULE C PART I .. .. .. .. £
SCHEDULE C PART II .. .. .. .. £
£
SCHEDULE D PART I .. .. .. .. £
SCHEDULE D PART II .. .. .. .. £
£
TOTAL .. .. .. £
(1) . .. .. ..certify that the particulars above given are correct; that the claim includes only injury to, or destruction of, houses, shops, or buildings in (2) occupied or owned by (3) .. .. .. ..and property in such houses, shops, or buildings occupied by (3) .. .. ..injured, stolen, or destroyed by persons taking part in the riot on the .. .. .. ..day .. .. .. .. and that (1).. .. .. ..have not received, and (4) .. .. .. ..not entitled to receive, any compensation from any other source than is stated above.
(Signed) .. .. .. .. .. .. .. .. ..
(Address) .. .. .. .. .. .. .. .. ..
(Date) .. .. .. .. .. .. .. .. .. day of .. .. .. .. .. .. .. .. .. 19 .. .. .. .. .. .. .. .. ..
(1) “I” or “We”.
(2) Insert name of police district.
(3) “me” or “us”.
(4) “am” or “are”.
