Riots and damage compensation

[Mrs Ten Names]

No, I asked you specifically where it “clearly state claims for political disturbance or civil commotion are not covered in the legislation”.

It does not.

The note you’ve quoted does not mention either. As I’ve said, the RCA covers specific types of damage/loss - ie buildings, vehicles, etc to certain limits. That note is intended to highlight that not all losses someone / a company can have endured as part of a riot.

The ABI guidance seems pretty clear to me.

The existence of the Act means there are different routes through which homeowners and businesses can claim compensation, depending on the level of insurance cover they have. The insurance industry has been working closely with Government and Police and Crime Commissioners to ensure that what can often be a complex process runs as smoothly as possible so that victims get the support they need. The Act only applies to a riot and doesn’t apply to damage caused by civil commotion, strikes or political disturbances

https://www.abi.org.uk/globalassets/sitecore/files/documents/publications/public/migrated/riots/recovering-after-riots-abi-guidance-for-property-owners-and-businesses.pdf

 

[kingandy2nd]

The ABI guidance seems pretty clear to me.

https://www.abi.org.uk/globalassets/sitecore/files/documents/publications/public/migrated/riots/recovering-after-riots-abi-guidance-for-property-owners-and-businesses.pdf

Not legislation or the act.

Please try again.

 

[Mrs Ten Names]

Not legislation or the act.

Please try again.

It suffices for me.
If you don't think it's insufficient, it's not my fault.
I am pretty sure the ABI will have scrutinised the ACT, and are providing accurate information.

 

[denso13]

Not legislation or the act.

 

[kingandy2nd]

The ABI guidance seems pretty clear to me.

https://www.abi.org.uk/globalassets/sitecore/files/documents/publications/public/migrated/riots/recovering-after-riots-abi-guidance-for-property-owners-and-businesses.pdf

It suffices for me.
If you don't think it's insufficient, it's not my fault.
I am pretty sure the ABI will have scrutinised the ACT, and are providing accurate information.

The ABI publication you are quoting was released in August 2013.

ABI guidance on riot compensation | Practical Law

The Association of British Insurers (ABI) has published guidance on the legal position for businesses affected by the August riots.

content.next.westlaw.com

The Riot Compensation Act is from 2016.

The RCA 2016 has clarified, some may say simplified, the ability to make a claim for damage following a riot (as defined in accordance with section 1 of the Public Order Act 1986) - posted below to assist you.

 

[kingandy2nd]

View attachment 351392

Sorry, not sure what you’re getting at here.

 

[denso13]

Sorry, not sure what you’re getting at here.

You can claim for something deemed a riot, nothing else.

 

[Mrs Ten Names]

The ABI publication you are quoting was released in August 2013.

ABI guidance on riot compensation | Practical Law

The Association of British Insurers (ABI) has published guidance on the legal position for businesses affected by the August riots.

content.next.westlaw.com

The Riot Compensation Act is from 2016.

The RCA 2016 has clarified, some may say simplified, the ability to make a claim for damage following a riot (as defined in accordance with section 1 of the Public Order Act 1986) - posted below to assist you.

View attachment 351395

In the event of there being numerous country wide claims (as is undoubtedly the case) a 'Claims Bureau' will be formed which will be coordinated by the government.

1. Subsection (3) states that the Secretary of State may issue guidance to decision-makers on matters that will be material to decisions as to validity of claims, such as whether the civil disturbance in which losses were sustained met the definition of a riot.

Example (7) - What guidance for decision-makers may contain​ Definition of a riot Guidance for decision-makers will contain further detail around the definition of a riot, in particular around issues such as individuals or small groups who break away from a larger group and cause damage.

Riot Compensation Act 2016

www.legislation.gov.uk

So there is lots of scope, e.g for the Police Chiefs, and Mayors to not have the power to make the decision.
In addition, while the major protest might meet the description of a riot, breakaway groups will not meet the definition.

All of the Riot Act refers to a riot. It does not refer to Civil Commotion, war, political disturbances, etc.

 

[kingandy2nd]

You can claim for something deemed a riot, nothing else.

Yep, and I refer you to the above as to the definition of a riot.

 

[denso13]

Yep, and I refer you to the above as to the definition of a riot.

Agreed, and nothing else is covered.

Please feel free to reply again when you can provide evidence to assert your point that political disturbance or civil commotion are not covered by the act.

 

[Mrs Ten Names]

And I refer you to the Act

Section 5: Transfer of claims to the Secretary of State
Example (6): Circumstances where responsibility for riot compensation claims could transfer from local policing bodies

1. Subsection (3) states that the Secretary of State may issue guidance to decision-makers on matters that will be material to decisions as to validity of claims, such as whether the civil disturbance in which losses were sustained met the definition of a riot.
2. Guidance for decision-makers will contain further detail around the definition of a riot, in particular around issues such as individuals or small groups who break away from a larger group and cause damage.

Riot Compensation Act 2016

www.legislation.gov.uk

 

[kingandy2nd]

In the event of there being numerous country wide claims (as is undoubtedly the case) a 'Claims Bureau' will be formed which will be coordinated by the government.

1. Subsection (3) states that the Secretary of State may issue guidance to decision-makers on matters that will be material to decisions as to validity of claims, such as whether the civil disturbance in which losses were sustained met the definition of a riot.

Example (7) - What guidance for decision-makers may contain​ Definition of a riot Guidance for decision-makers will contain further detail around the definition of a riot, in particular around issues such as individuals or small groups who break away from a larger group and cause damage.

So there is lots of scope, e.g for the Police Chiefs, and Mayors to not have the power to make the decision.
In addition, while the major protest might meet the description of a riot, breakaway groups will not meet the definition.

All of the Riot Act refers to a riot. It does not refer to Civil Commotion, war, political disturbances, etc.

You could just apologise and admit you were wrong to use out of date sources.

As per what has already been posted, SoS, PCC and the MoLO would all need to follow the legislation. The example you’ve quoted is clearly about what happens if the definition of a riot is not met - ie if 11 people breakaway and damage property.

Civil commotion and political disturbances would be defined as a riot if the criteria were me as per the legislation (I.e 12+ people, violence, etc).

War is something else entirely.

 

[kingandy2nd]

And I refer you to the Act

Riot Compensation Act 2016

www.legislation.gov.uk

Thanks, yes I’m right.

 

[kingandy2nd]

Still not a word about civil commotion or political disturbance is there Mrs Doubtfyre?

 

[kingandy2nd]

Are you going to acknowledge you were quoting an out of date source?