Commentary on provisions of Act Claims for compensation Section 5: Transfer of claims to the Secretary of State
Subsections (1) and (3) allow the Secretary of State, through a direction, to assume responsibility for claims handling and/or decision-making on riot compensation claims. Such a direction must be published (see subsection (5)). These provisions are only intended to be used in the event of widespread civil disturbances or at the request of a local policing body ( in limited circumstances ) . (See Example (6)).
	Subsection (2) creates a degree of flexibility in that the Secretary of State may assume responsibility for all claims handling and/or decision making or instead just certain types of claim.
	Subsection (3) also provides clarity of the circumstances under which the Secretary of State can make a direction. Subsection (3) also allows a local policing body to ask the Secretary of State to take on claims handling functions if a riot only occurs within their force area (see Example (6)).
	In order to ensure consultation between appropriate parties subsection (4) imposes a requirement on the Secretary of State to consult affected local policing bodies before making a direction.