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

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:

1. These Regulations may be cited as the Malicious Injuries (Preliminary Notice) Regulations, 1987.

2. In these Regulations—

"the Act of 1981" means the Malicious Injuries Act, 1981 (No. 9 of 1981);

"the Act of 1986" means the Malicious Injuries (Amendment) Act, 1986 (No. 27 of 1986);

"the Acts" means the Malicious Injuries Acts, 1981 and 1986.

3. These Regulations shall come into operation on the 30th day of March, 1987.

4. (1) Subject to paragraph (2) of this Regulation, with effect from the date of coming into operation of these Regulations, the forms set out in the Schedule to these Regulations are hereby prescribed for the purposes of section 8 of the Act of 1981 in respect of notice of intention to apply for compensation under the Acts for damage or loss caused on or after the 15th day of July, 1986.

(2) The forms set out in the Schedule to the Malicious Injuries (Preliminary Notice) Regulations, 1981 ( S.I. No. 319 of 1981 ), shall cease to be prescribed in respect of notice of intention to apply for compensation under the Acts for damage or loss caused on or after the 15th day of July 1986, which has not been served before the date of the coming into operation of these Regulations.

SCHEDULE

				Form	A
				Foirm
Preliminary Notice of Intention to apply for Compensation for Damage to Property (Malicious Injuries Acts, 1981 and 1986)
Réamhfhógra go bhfuil ar Intinn Cúiteamh a iarraidh i nDamáiste do Mhaoin (Na hAchtanna Díobhálacha Mailíseacha, 1981 agus 1986)
Read notes 1-4/Léigh nótaí 1-4
To:	The Council of the County of _______________________________________________
Do:	Comhairle Chontae
	The Corporation of the County Borough of ____________________________________
	Bardas Chontaebhuirg		(Delete as appropriate) (Scrios mar is iomchuí)
and/agus
The member in charge of the Garda Síochána Station at _________________________________________________
An comhalta i gceannas Stáisiún an Gharda Síochána i			(Note 4/Nóta 4)
You and each of you are hereby requested to Take Notice that
Iarrtar ortsa agus ar gach duine díbh. leis seo, a Thabhairt faoi Deara go ndearnadh damáiste
at ____________________ a.m./p.m. on the _____________________ day of __________________, 19 _______,
ar		an	lá de
at (give address or location) ________________________________________________________________________
ag (tabhair seoladh nó suíomh)
(describe property damaged) _______________________________________________________________________
do (tabhair tuairisc ar an maoin a ndearnadh damáiste di)
was damaged in circumstances that come within the terms of section 5 of the 1981 Act as amended by the 1986 Act (note 3) to the amount of
in imthosca thagann faoi réim théarmaí alt 5 d'Acht 1981 arna leasú le hAcht 1986 (nóta 3) ugus arb é a bhí sa damáiste
(state amount (in words) and nature of damage)_____________________________________________
(luaigh méid (i bhfocail) agus nádúr an damáiste)
whereby I (applicant's name and address)______________________________________________
trínar fhulaing mise (ainm agus seoladh an iarratasóra)
have suffered a loss and that it is my intention to bring an application for compensation for that loss in accordance with the provisions of the Acts against the local authority upon which this notice is served.
caillteanas agus go bhfuil sé ar intinn agam iarratas a thionscnamh ar chúiteamh sa chaillteanas sin de réir fhorálacha na nAchtanna i gcionne an údaráis áitúil ar a seirbheáiltear an fógra seo.
Dated this _____________________________ day of _____________________________ 19 ________
Arna dhátú an		lá seo de
To be signed by the applicant or someone on his behalf.______________________________________
Le síniú ag an iarratasóir nó ag duine éigin thar a cheann.
Address __________________________________________________________________________
Seoladh

Notes (for information only)

1. This form should NOT be used in respect of property taken in the course of a riot as provided for in section 6 of the 1981 Act as amended by the 1986 Act. Form B should be used in that case.

2. A person seeking compensation under the Acts for damage to property caused on or after 15 July, 1986 should serve preliminary notice in this form of his intention to apply for compensation. The notice should be served within 14 days after the damage was caused (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. Where the aggregate amount of damage caused to property exceeds £100, and the damage was caused:

(i) unlawfully by one or more of a number (exceeding two) of persons riotously assembled together, or

(ii) as a result of an act committed maliciously by a person acting on behalf of or in connection with an unlawful organisation, or

(iii) as a result of an act committed maliciously by a person acting on behalf of or in connection with an organisation outside the State that engages in, promotes, encourages or advocates the use of violence for purposes related to the conduct or administration of the affairs of the State or Northern Ireland

the person who suffers the damage is entitled to obtain compensation from the council of the county or the corporation of the county borough concerned in accordance with the Acts (Section 5 of the 1981 Act as amended by the 1986 Act).

The right to compensation is limited to compensation for the actual damage caused and does not extend to compensation for any loss consequential on such actual damage and, in particular, does not extend to compensation for the loss of the use of the property damaged (section 5 (4) of the 1981 Act). 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 the 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 damage to property other than property to which paragraph (b) or (c) 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 damage was caused and upon the member in charge of the Garda Síochána station for the place where the damage was caused (section 8 (2) (a));

(b) in the case of damage to property which, having been unlawfully taken, was removed from the area of one local authority (i.e. county council or county borough corporation) to the area of another local authority, upon the local authority for the area from which it was removed and upon the member in charge of the Garda Síochána station for the place from which it was removed (section 8 (2) (b)),

(c) in the case of damage to property which is within any harbour or within one mile beyond the coastal boundary of a local authority (i.e. county council or county borough corporation) area or which, having been unlawfully taken, was removed from within any harbour or such one mile, upon the local authority for the place on shore nearest the place where the damage was caused or from which the property was removed and upon the member in charge of the Garda Síochána station for that place on shore (section 8 (2) (c)).

		Form	B
		Foirm
Preliminary Notice of Intention to apply for Compensation for Loss of Property Unlawfully Taken during a Riot (Malicious Injuries Acts, 1981 and 1986)_______________________________________________
Reámhfhógra go bhfuil ar Intinn Cúiteamh a Iarraidh mar gheall ar Mhaoin, a Tógadh go Neamhdhleathach le linn Círéibe. (Na hAchtanna Díobhálacha Mailíseacha, 1981 agus 1986)
Read notes 1-4/Léigh nótaí 1-4
To:	The Council of the County of ___________________________________________________
Do:	Comhairle Chontae
	The Corporation of the County Borough of _________________________________________
	Bardas Chontaebhuirg	(Delete as appropriate) (Scrios mar is iomchuí)
and/agus
The member in charge of the Garda Síochána Station at _______________________________________
An comhalta i gceannas Stásiún an Gharda Síochána i (Note 4/Nóta 4)
You and each of you are hereby requested to Take Notice that
Iarrtar ortsa agus ar gach duine díbh, leis seo, a Thabhairt faoi Deara go ndearnadh
at ____________________ a.m./p.m. on the _____________ day of ____________________, 19 ______
ar	an	lá de
at (give address or location)___________________________________________________________
ag (tabhair seoladh nó suíomh)
(describe property taken)_____________________________________________________________
do (tabhair tuairisc ar an maoin a tógadh)
being property of (state amount in_________________________________________ the value of words)
is maoin arb é (luaigh an méid i bhfocail)
was unlawfully taken during a riot in circumstances that come within the terms of section 6 of the 1981 Act as amended by the 1986 Act (note 3)_____________________________________________________
a luach a thógáil go neamhdhleathach in imthosca a thagann faoi réim théarmaí alt 6 d'Acht 1981 arna leasú le hAcht 1986 (nóta 3)
whereby I (applicant's name and address) have suffered a loss and that it is my intention to bring an application for compensation for that loss in accordance with the provisions of the Acts against the local authority upon which this notice is served.________________________________________________
caillteanas agus go bhfuil sé ar intinn agam iarratas a thionscnamh ar chúiteamh sa chaillteanas sin de réir fhorálacha na nAchtanna i gcoinne an údaráis áitiúil ar a seirbheáiltear an fógra seo.
Dated this _____________________________ day of _______________________________ , 19 _____
Arna dhátú an		lá seo de
To be signed by the applicant or someone on his behalf. _________________________________
Le síniú ag an iarratasóir nó ag duine éigin thar a cheann.
Address _____________________________________________________________________________
Seoladh

Notes (for information only)

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.