Riot (Damages) Act 1886
Encyclopedia
The Riot Act 1886 (49 & 50 Vict c 38) is an Act
of the Parliament
of the United Kingdom
. It authorises the payment of compensation, from the police fund of the police area
in question, to persons whose property has been injured, destroyed or stolen
during a riot
.
In this Act, the words "riotous" and "riotously" must be construed in accordance with section 1 of the Public Order Act 1986
.
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. 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
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.
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. 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 declaration
s, 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. 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.
Textual amendments
The words "police area
" were substituted for the references to a police district
by 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)
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.
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.
Section 5(3) was repealed by Schedule 30 to the Local Government Act 1972
.
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.
.
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.
In the United Kingdom, the reference to Ireland must now be construed as a reference to Northern Ireland
.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. It authorises the payment of compensation, from the police fund of the police area
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 policing services and enforcing criminal law, which is set out...
in question, to persons whose property has been injured, destroyed or stolen
Stolen
Stolen may refer to:* "Stolen" , 2008* "Stolen" , 2006* Stolen , a 2005 stealth-based video* Stolen , a 1998 Australian play by Jane Harrison...
during a riot
Riot
A riot is a form of civil disorder characterized often by what is thought of as disorganized groups lashing out in a sudden and intense rash of violence against authority, property or people. While individuals may attempt to lead or control a riot, riots are thought to be typically chaotic and...
.
In this Act, the words "riotous" and "riotously" must be construed in accordance with section 1 of the Public Order Act 1986
Public Order Act 1986
The Public Order Act 1986 is an Act of the Parliament of the United Kingdom. It creates a number of public order offences. They replace similar common law offences and parts of the Public Order Act 1936...
.
Proposal to repeal Act
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.Section 2 - Compensation to persons for damage by riot
This section now reads: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. 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
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 policing services and enforcing criminal law, which is set out...
were substituted, for the previous references to a police district
Police district
Police district is a form of division of a geographical area patrolled by a police force.Police forces using this format include:* York Regional Police* Halton Regional Police Service* Baltimore Police Department* Baton Rouge Police Department...
, by sections 103(1) and 104(1) of, and paragraph 9 of Part II of Schedule 7 to, the Police Act 1996
Police Act 1996
The Police Act 1996 is an Act of the Parliament of the United Kingdom which defined the current police areas, constituted the current police authorities and set out the relationship between the Home Secretary and the territorial police forces. It replaced the Police and Magistrates Courts Act...
.
The words "the police fund" were substituted for the words "the police rate" by Schedule 9 to the Police Act 1964
Police Act 1964
The Police Act 1964 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 local constabularies, and allowed for the amalgamation of existing...
.
"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: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. A Secretary of State
Secretary of State (United Kingdom)
In the United Kingdom, a Secretary of State is a Cabinet Minister in charge of a Government Department ....
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 declaration
Statutory declaration
A statutory declaration is a legal document defined under the law of certain Commonwealth nations. It is similar to a statement made under oath, however, it is not sworn....
s, 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. The said regulations shall be published in the London Gazette
London Gazette
The London Gazette is one of the official journals of record of the British government, and the most important among such official journals in the United Kingdom, in which certain statutory notices are required to be published...
, 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.
Textual amendments
The words "police area
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 policing services and enforcing criminal law, which is set out...
" were substituted for the references to a police district
Police district
Police district is a form of division of a geographical area patrolled by a police force.Police forces using this format include:* York Regional Police* Halton Regional Police Service* Baltimore Police Department* Baton Rouge Police Department...
by by sections 103(1) and 104(1) of, and paragraph 10 of Part II of Schedule 7 to, the Police Act 1996
Police Act 1996
The Police Act 1996 is an Act of the Parliament of the United Kingdom which defined the current police areas, constituted the current police authorities and set out the relationship between the Home Secretary and the territorial police forces. It replaced the Police and Magistrates Courts Act...
.
The words "compensation authority" were substituted for the words "police authority
Police authority
A police authority in the United Kingdom, is a body charged with securing efficient and effective policing of a police area served by a territorial police force or the area and/or activity policed by a special police force...
" by Schedule 9 to the Police Act 1964
Police Act 1964
The Police Act 1964 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 local constabularies, and allowed for the amalgamation of existing...
.
"Police area" and "compensation authority"
These expressions are defined by section 9.
"Secretary of State"
This expression is defined by the Interpretation Act 1978
Interpretation Act 1978
The Interpretation Act 1978 is an Act of the Parliament of the United Kingdom. The Act makes provision for the interpretation of Acts of Parliament, Measures of the General Synod of the Church of England, Measures of the Church Assembly, subordinate legislation, "deeds and other instruments and...
.
"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)
- 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
Police Act 1964
The Police Act 1964 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 local constabularies, and allowed for the amalgamation of existing...
.
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(1)
Section 5(1) now reads:The words in square brackets were substituted by Schedule 9 to the Police Act 1964
Police Act 1964
The Police Act 1964 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 local constabularies, and allowed for the amalgamation of existing...
.
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
Local Government Act 1972
The Local Government Act 1972 is an Act of Parliament in the United Kingdom that reformed local government in England and Wales on 1 April 1974....
.
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 8 - Compensation for loss sustained before passing of Act
This section was repealed by Part I of Schedule 10 to the Police Act 1964Police Act 1964
The Police Act 1964 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 local constabularies, and allowed for the amalgamation of existing...
.
Section 9 - Definitions
This section defines the expressions "person", "police area", "police fund", "compensation authority", and "house, shop, or building".The definition of "borough
Borough
A borough is an administrative division in various countries. In principle, the term borough designates a self-governing township although, in practice, official use of the term varies widely....
" 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
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
.
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.