Page:Riot Compensation Act 2016.pdf/10

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6
Riot Compensation Act 2016 (c. 8)

(d) the process for deciding and paying compensation.

(5) Regulations under subsection (4)(a) may also make provision about—

(a) the appropriate method for deciding the amount of compensation for different types of property or different types of damage;
(b) the effect of the property being insured (or partially insured) on the amount of compensation.

(6) Regulations under subsection (4)(c) may in particular provide for—

(a) the amount of compensation to be increased to reflect costs or expenses incurred by the claimant in making a claim;
(b) the amount of compensation to be decreased to reflect the costs of administering the compensation scheme;
(c) the amount of compensation to be decreased, or for no compensation to be awarded, where the decision-maker considers this appropriate in view of any act or omission of the claimant;
(d) a claim to be refused where the decision-maker believes that the claim, or any other claim made by the claimant, is fraudulent (to any extent).

(7) Regulations under subsection (4)(d) may in particular—

(a) provide for a claim to lapse where a claimant fails to provide the required details or evidence;
(b) provide for interim payments to be made before a claim is finally decided;
(c) provide for the payment of compensation in instalments;
(d) provide that, instead of monetary compensation, the decision-maker may arrange for repairs to be carried out on property that has been damaged, at the expense of the appropriate local policing body;
(e) make provision about administrative requirements that must be satisfied before any payment is made or repairs carried out.

(8) The appropriate local policing body must pay to the claimant the amount of compensation decided under this section.

(9) The Secretary of State may by regulations change the amount of the compensation cap for the time being specified in subsection (1).

9Reviews and appeals

The Secretary of State must make regulations giving a person affected by a decision under section 7 or 8—

(a) a right to request a review of the decision;
(b) a right to appeal against the decision, or any decision following a review by virtue of paragraph (a).

General

10Repeal of Riot (Damages) Act 1886 and consequential amendments etc

(1) The Riot (Damages) Act 1886 is repealed.

(2) In section 235 of the Merchant Shipping Act 1995 (liability for damage in case of plundered vessel)—

(a) in subsection (2)—