| |
PART II
Compensation for Malicious Damage to Property and for Loss of Property Unlawfully Taken during Riot
|
|
|
Right to compensation for malicious damage to property.
[New in pt. cf. 1836 (c. 116) s. 135; 1848 (c. 69) s. 2; 1853 (c. 38) s. 1; 1894 (c. 60) s. 515; 1898 (c. 37) s. 5]
|
5.—(1) Where damage, the aggregate amount of which exceeds one hundred pounds, is maliciously caused to property, the person who suffers the damage 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—
|
|
| |
(a) by a wrongful act done intentionally without just cause or excuse, or
|
|
| |
(b) wantonly, or
|
|
| |
(c) unlawfully by three or more persons unlawfully, riotously or tumultuously assembled together, or
|
|
| |
(d) in the course of, whether or not for the purpose of, the committing of a crime against the property damaged.
|
|
| |
(3) Subsection (1) shall extend to damage to property which is within any harbour or within one mile beyond the coastal boundary of a local authority area or which, having been unlawfully taken, is removed from within any harbour or such one mile.
|
|
| |
(4) The right to compensation given by this section shall be limited to compensation for the actual damage caused and shall not extend to compensation for any loss consequential on such actual damage and, in particular, shall not extend to compensation for the loss of the use of the property damaged.
|
