Riot (Damages) Act 1886 Explained

Short Title:Riot (Damages) Act 1886[1]
Type:Act
Parliament:Parliament of the United Kingdom
Long Title:An Act to provide Compensation for Losses by Riots.
Year:1886
Statute Book Chapter:49 & 50 Vict. c. 38
Territorial Extent:England and Wales[2]
Royal Assent:25 June 1886
Commencement:25 June 1886[3]
Repeal Date:6 April 2017[4]
Repealing Legislation:Riot Compensation Act 2016
Status:Repealed
Original Text:http://www.legislation.gov.uk/ukpga/Vict/49-50/38/contents/enacted
Revised Text:http://www.legislation.gov.uk/ukpga/Vict/49-50/38/contents

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 in question, to persons whose property had been injured, destroyed or stolen during a riot. The Act was repealed and replaced by the Riot Compensation Act 2016 which received royal assent on 23 March 2016.[5]

In the Act, the words "riotous" and "riotously" were to be construed in accordance with section 1 of the Public Order Act 1986.[6]

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.[7]

Preamble

The preamble was repealed by the Statute Law Revision Act 1898.

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:

Textual amendments

The references to a police area were substituted, for the previous references to a police district, by sections 103(1) and 104(1) of, and paragraph 9 of Part II of Schedule 7 to, the Police Act 1996.

The words "the police fund" were substituted for the words "the police rate" by Schedule 9 to the Police Act 1964.

"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:

Textual amendments

The words "police area" were substituted for the references to a police district by sections 103(1) and 104(1) of, and paragraph 10 of Part II of Schedule 7 to, the Police Act 1996.

The words "compensation authority" were substituted for the words "police authority" by Schedule 9 to the Police Act 1964.

"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 of section 10(1) of the Decimal Currency Act 1969.

Orders made under section 3(2)

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.

Section 4(2) was repealed on 5 November 1993 by section 1(1) of, and Group 1 of Part I of Schedule 1 to, the Statute Law (Repeals) Act 1993.

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 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 the 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 8 - Compensation for loss sustained before passing of Act

This section was repealed by Part I of Schedule 10 to the Police Act 1964.

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 of Part I of Schedule 1 to, the Statute Law (Repeals) Act 1993.

The definition of "Secretary of State" was repealed by the Statute Law Revision Act 1898.

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 of Part I of Schedule 1 to, the Statute Law (Repeals) Act 1993.

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.[8]

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.[9]

The Act was repealed by the Riot Compensation Act 2016 which received Royal assent on 23 March 2016.[10]

See also

References

External links

Notes and References

  1. The citation of this Act by this short title is authorised by section 1 of this Act.
  2. The Riot (Damages) Act 1886, section 11
  3. This Act came into force on the date on which it received royal assent because no other date was specified: The Acts of Parliament (Commencement) Act 1793.
  4. si . 2017 . 379 . The Riot Compensation Act 2016 (Commencement) Regulations 2017.
  5. act. 2016. 8. Riot Compensation Act 2016.
  6. The Public Order Act 1986, section 10(1)
  7. The Mayor’s Office for Policing and Crime v Mitsui Sumitomo Insurance Co (Europe) Ltd. The Mayor's Office for Policing and Crime v Mitsui Sumitomo Insurance Co (Europe) Ltd. UKSC. 2016. 18. 20 April 2016.
  8. The Irish Free State (Consequential Adaptation of Enactments) Order 1923 (SR&O 1923/405), article 2 (as read with the former section 1 of the Eire (Confirmation of Agreements) Act 1938 and sections 1(1) and (3) of the Ireland Act 1949).
  9. Web site: Police Reform Bill (Hansard, 12 March 2002). Parliamentary Debates (Hansard). 12 March 2002.
  10. act. 2016. 8. Riot Compensation Act 2016.