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Claims for compensationE+W

1Claims for compensation for riot damage etcE+W

(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).

Commencement Information

I1S. 1 in force at 6.4.2017 by S.I. 2017/379, reg. 2