S.I. No. 319/1981 - Malicious Injuries (Preliminary Notice) Regulations, 1981.

1. This form should not be used in relation to

damage

to property but only in relation to property unlawfully taken during a riot.

Form A

should be used in relation to damage to property.

2. A person seeking compensation under the Act for loss of property unlawfully taken during a riot in circumstances that come within the terms of section 6 of the Act

(Note 3)

should give preliminary notice in this form of his intention to apply for compensation. The notice should be served within 14 days after the property was taken (section 8(1)). It may be served by registered post and by another person on behalf of the applicant (section 25). Extension of time may be granted by the court (section 14 (3)).

3. Section 6 of the Act, which confers the right to compensation for unlawful taking of property during a riot, is as follows

“6. — (1) Where three or more persons who are tumultuously and riotously assembled together maliciously cause damage, the aggregate amount of which exceeds one hundred pounds, to a building or to property within the curtilage of a building and, in the course of the riot, any property is unlawfully taken from the building, the person who suffers the loss of the property taken shall be entitled to obtain compensation from the local authority in accordance with this Act.

(2) For the purpose of subsection (1), damage shall be taken to be maliciously caused only if caused by a wrongful act done intentionally without just cause or excuse or wantonly.

(3) Subsection (1) shall also have effect in relation to a ship which is within any harbour or within one mile beyond the coastal boundary of a local authority area, to property on board such ship and to the unlawful taking of such property during a riot.

(4) The right to compensation given by this section shall be limited to compensation of an amount equal to the value of the property taken and shall not extend to compensation for any loss consequential on the taking of the property and, in particular, shall not extend to compensation for the loss of the use of the property taken.”

The court in determining an application for compensation is required by section 12(2) of the Act to reduce by one hundred pounds the amount of compensation it would otherwise award, so however that no applicant may suffer such reduction in respect of more than one claim under the Act for the same property as a result of acts occurring during any period of twelve months.

(

e

) Applicant's name and address.

4. The notice should be served —

(

a

) in the case of loss of property unlawfully taken during a riot (other than loss to which paragraph (

b

) relates), upon the local authority (i.e. the council of the county or the corporation of the county borough) for the area in which the property was taken and upon the member in charge of the Garda Síochána station for the place where the property was taken (section 8(2) (

a

));

(

b

) in the case of loss of property unlawfully taken during a riot from a ship (defined in section 2 as including every description of vessel, boat or other craft, whether or not propelled by oars) which is within any harbour or within one mile beyond the coastal boundary of a local authority area, upon the local authority (i.e. the council of the county or the corporation of the county borough) for the place on shore nearest the place where the property was taken and upon the member in charge of the Garda Síochána station for that place on shore (section 8(2) (

d

)).

(

b

) Give address or location.

(

c

) Describe property taken.

(

d

) State amount in words.

I, JIM MITCHELL, Minister for Justice, in exercise of the powers conferred on me by

section 8

of the

Malicious Injuries Act, 1981

(No. 9 of 1981), hereby make the following regulations