Commentary on provisions of Act Claims for compensation Section 1: Claims for compensation for riot damage etc
Subsection (1) provides the entitlement to make a claim for compensation in respect of property that has been damaged, destroyed or stolen in the course of a riot. It does not cover any non-material consequential losses (see paragraph 47) or personal injury. The compensation may be claimed from the appropriate local policing body (see Reference (1)).
	Subsection (5) provides clarity on what is meant by property being inadequately insured. This is either where it is insured for an amount which is less than its value, or where it is insured subject to an excess. Where the property is insured subject to an excess, the insurance is deemed inadequate because the claimant, having paid the excess, would receive an insurance payment from the insurance company that is not adequate to cover the full value of the insured property.
	Subsection (2) provides the continuation of an existing provision in the 1886 Act entitling an insurance company that has settled a claim for loss or damage to property caused by a riot to claim compensation in respect of the amount they have paid out from the appropriate local policing body (this is known as a "subrogated claim": see Reference (2) below).
	Subsection (3) clarifies that claims should be directed to the local policing body responsible for the police area in which the property was situated at the time of the riot. This is an important principle, particularly in relation to motor vehicle claims where riot damage may occur away from the place where a vehicle is normally kept.
	Subsection (4) confirms that claims for compensation must be made in accordance with procedures to be outlined in regulations. Lack of compliance with these procedures could result in a claim being refused, for example if a claim is submitted outside of the prescribed time limit without good reason.
	Subsection (6) simplifies the approach to defining a "riot" for the purposes of determining whether riot compensation should be paid. The 1886 Act provides for compensation to be paid where damage to property has been caused by "persons riotously and tumultuously assembled together", but the terms "riot" and "riotously" in that Act are also defined by reference to section 1 of the Public Order Act 1986 (see section 10(1) of that Act).
	The definition supplied in the Act replaces the archaic language in the 1886 Act by using section 1(1) of the Public Order Act (see Reference (3) below), with the aim of making it easier for the decision-maker to determine whether a riot has occurred.
	Subsections (6)(a) to (c) provides a new exemption for the relevant local policing body from liability to pay compensation where a riot has occurred in various types of secure facilities where people are detained. This is on the basis that another party has responsibility for maintaining order in such facilities.