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]
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 [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.
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:
(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 sixpence for each copy.
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.
The words in square brackets were substituted by schedule 9 to the Police Act 1964.
Section 5 - Payment of compensation and expenses, and raising of money
Section 5(1)
Section 5(1) now reads:
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;
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 6 - Application of the act to wreck and machinery
This section now reads:
This Act shall apply -
(a) . . .
(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 . . .
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
This section is empty. You can help by adding to it. (December 2012)
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".
