S.I. No. 42/1987 - Malicious Injuries (Preliminary Notice) Regulations, 1987.

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 Acts for loss of property unlawfully taken during a riot on or after 15 July 1986 in circumstances that come within the terms of section 6 of the 1981 Act as amended by the 1986 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) of the 1981 Act). It may be served by registered post and by another person on behalf of the applicant (section 25 of the 1981 Act). Extension of time may be granted by the court (section 14 (3) of the 1981 Act).

3. Section 6 of the 1981 Act as amended by the 1986 Act, which confers the right to compensation for unlawful taking of property during a riot, is as follows: (Note: new section 6 (1) (inserted by the 1986 Act) replaced section 6 (1) and (2) of the 1981 Act as respects damage caused to property on or after 15 July 1986).

6—(1) Where damage is caused to a building or property within the curtilage of a building unlawfully by one or more of a number (exceeding two) of persons who are tumultuously and riotously assembled together and, in the course of the riot, property the aggregate value of which exceeds £100 is unlawfully taken from the building, and such taking, or entry to the building for the purpose of such taking, was facilitated by such damage, the person who suffers the loss of the property taken shall be entitled to obtain compensation from the local authority in accordance with the Malicious Injuries Acts, 1981 and 1986.

(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 1981 Act to reduce by £100 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.

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 of the 1981 Act 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) (

5d

)).

GIVEN under my Official Seal, this 16th day of February, 1987.

ALAN M. DUKES,

Minister for Justice.

EXPLANATORY NOTE.

These Regulations prescribe the forms of preliminary notice of intention to claim compensation under the

Malicious Injuries Act, 1981

as amended by the

Malicious Injuries (Amendment) Act, 1986

. The Regulations come into operation on 30 March 1987 and from that date the forms prescribed in the Regulations will replace the forms of preliminary notice set out in the Malicious Injuries (Preliminary Notice) Regulations, 1981 as respects damage or loss caused on or after 15 July, 1986.

S.I. No. 42 of 1987.

MALICIOUS INJURIES (PRELIMINARY NOTICE) REGULATIONS, 1987.

I, ALAN M. DUKES, 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