The Riot (Damages) Act 1886 (49 & 50 Vict. c. 38) was an act of the Parliament of the United Kingdom that 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 The whole act was repealed and replaced by the Riot Compensation Act 2016 which received royal assent on 23 March 2016.
In the act, the words "riotous" and "riotously" were to be construed in accordance with section 1 of the Public Order Act 1986.The Public Order Act 1986, section 10(1)
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.
Provisions Section 1 - Short title Section 1 of the act authorised the citation of the act by a short title.
Section 2 - Compensation to persons for damage by riot Section 2 of the act provided:
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 section 103(3) of, and part I of schedule 9 to, the Police Act 1964, which came into force on 22 August 1996.
"House, shop or building", "police area" and "police fund"
These expressions are defined by section 9.
Section 3 - Mode of awarding compensation Section 3 of the act provided:
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)
SR&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) (SR&O 1921/1536) The Riot (Damages) (Amendment) Regulations 1986 (SI 1986/76) The Riot (Damages) (Amendment) Regulations 2011 (SI 2011/2002) The Riot (Damages) (Amendment No. 2) Regulations 2011 (SI 2011/2009)
Section 4 - Right of action to person aggrieved Section 4(1) of the act provided:
The words in square brackets were substituted by section 103(3) of, and part I of schedule 9 to, the Police Act 1964, which came into force on 22 August 1996.
Section 5 - Payment of compensation and expenses, and raising of money
Section 5(1) Section 5(1) of the act provided:
The words in square brackets were substituted by section 103(3) of, and part I of schedule 9 to, the Police Act 1964, which came into force on 22 August 1996.
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 section 103(3) of, and part I of schedule 9 to, the Police Act 1964, which came into force on 22 August 1996.
Sections 5(2) to (4) Sections 5(2) and (4) of the act were repealed by section 103(3) of, and part I of schedule 9 to, the Police Act 1964, which came into force on 22 August 1996.
Section 5(3) of the act was repealed by schedule 30 to the Local Government Act 1972.
Section 6 - Application of the act to wreck and machinery Section 6 of the act provided:
Section 6(a) of the act 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
Section 8 - Compensation for loss sustained before passing of Act Section 8 of the act was repealed by section 103(3) of, and part I of schedule 9 to, the Police Act 1964, which came into force on 22 August 1996.
Section 9 - Definitions Section 9 of the act the expressions "person", "police area", "police fund", "compensation authority", and "house, shop, or building".
Repealed enactments Section 10(1) of the act repealed 3 enactments, listed in the second schedule to the act.
CitationShort titleDescriptionExtent of repeal7 & 8 Geo. 4. c. 31Remedies Against the Hundred (England) Act 1827An Act for consolidating and amending the laws in England relative to remedies against the hundred.The whole act.2 & 3 Will. 4. c. 72Threshing Machines, Remedies for Damage Act 1832An Act to extend the provisions of an Act of the seventh and eighth years of the reign of His late Majesty King George the Fourth relative to remedies against the hundred.The whole act.17 & 18 Vict. c. 104Merchant Shipping Act 1854The Merchant Shipping Act, 1854.Section 477, from in England down to riotous assemblage, or as near thereto as circumstances permit, both inclusive.
Section 11 - Extent of act Section 11 of the act provided:
In the United Kingdom, the reference to Ireland must now be construed as a reference to Northern Ireland.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).
Subsequent developments The definition of “Secretary of State” in section 9 of, and the preamble to, the act was repealed by section 1 of, and the first part of the schedule to, the Statute Law Revision Act 1898 (61 & 62 Vict. c. 22), which came into force on 25 July 1898.
Section 6(a) was repealed by section 745 of, and the twenty-second schedule to, the Merchant Shipping Act 1894 (57 & 58 Vict. c. 60), which came into force on 1 January 1895.
The definition of “borough”, in section 9 and section 10 of the act were repealed by section 1(1) of, and group 1 of part I of schedule 1 to, the Statute Law (Repeals) Act 1993, which came into force on 5 November 1993.
In 2002, Lord Bradshaw moved, and then withdrew, an amendment to the Police Reform Bill intended to repeal this Act, which he said was "widely viewed as archaic".
The whole act was repealed by section 10(1) of the Riot Compensation Act 2016, which came into force on 6 April 2017.
See also Riot Acts
Notes
References Halsbury's Statutes
External links