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

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:

1. These Regulations may be cited as the Malicious Injuries (Preliminary Notice) Regulations, 1981.

2. In these Regulations “the Act” means the Malicious Injuries Act, 1981) (No. 9 of 1981.

3. These Regulations shall come into operation on the 6th mday of November, 1981.

4. The forms set out in the Schedule to these Regulations are hereby prescribed for the purposes of section 8 of the Act.

SCHEDULE

Form A

Malicious Injuries Act, 1981

PRELIMINARY NOTICE OF INTENTION TO APPLY FOR COMPENSATION FOR MALICIOUS DAMAGE TO PROPERTY

(Section 8) (See Notes 1 , 2 and 3 )

To:

THE COUNCIL OF THE COUNTY OF (a) .............................................

THE CORPORATION OF THE COUNTY BOROUGH OF (a) .............

AND

THE MEMBER IN CHARGE OF THE GARDA SÍOCHÁNA STATION AT ................................(Note 4 )

You and each of you are hereby requested to Take Notice that at ...........a.m./p.m. on the ............day of ............, 19....., at (b) .............

(c) ............................................................ ............................................................ ............................................................ ....

............................................................ ............................................................ ............................................................ .........

was maliciously damaged to the amount of

(d) ............................................................ ............................................................ ............................................................ ...

............................................................ ............................................................ ............................................................ .........

whereby I (e) ............................................................ ............................................................ ...............................................

............................................................ ............................................................ ............................................................ .........

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 Act against the local authority upon which this notice is served.

Dated this.........day of............, 19.....

To be signed by the applicant or someone on his behalf.

Signed by: ............................................................ ............................................................ .............

Address: ............................................................ ............................................................ .......................................................

............................................................ ............................................................ ............................................................ ..........

Notes (for information only)

Form B

Malicious Injuries Act, 1981

PRELIMINARY NOTICE OF INTENTION TO APPLY FOR COMPENSATION FOR LOSS OF PROPERTY UNLAWFULLY TAKEN DURING A RIOT AS PROVIDED FOR IN SECTION 6 OF THE ACT

(Section 8) (See Notes 1 , 2 and 3 )

To:

THE COUNCIL OF THE COUNTY OF (a) .............................................

THE CORPORATION OF THE COUNTY BOROUGH OF (a) .............

AND

THE MEMBER IN CHARGE OF THE GARDA SÍOCHÁNA STATION AT ............................................................ ............................................................ .......................... (Note 4)

You and each of you are hereby requested to Take Notice that at ...........a.m./p.m. on the ............day of ............,19....., at (b) .............

(c) ............................................................ ............................................................ ............................................................ ....

............................................................ ............................................................ ............................................................ .........

being property of the value of (d) ............................................................ .................... was unlawfully taken during a riot in circumstances that come within the

terms of section 6 of the Act (Note 3) whereby I (e) ............................................................ .................................................. ............................................................ ............................................................ ............................................................ ......... 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 Act against the local authority upon which this notice is served.

Dated this.........day of........., 19.........

To be signed by the applicant or someone on his behalf.

Signed by: ............................................................ ............................................................ .............

Address: ............................................................ ............................................................ .......................................................

............................................................ ............................................................ ............................................................ ..........

Notes (for information only)

	GIVEN under my Official Seal, this 8th day of September, 1981.
	JIM MITCHELL,
	Minister for Justice.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These regulations set out the forms of preliminary notice of intention to claim compensation prescribed by the Minister in exercise of the powers conferred on him by section 8 of the Malicious Injuries Act, 1981 . The commencement date of the Act is the 6th day of November, 1981.

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 Act. Form B should be used in that case.

2. A person seeking compensation under the Act for malicious damage to property 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). 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. Where the aggregate amount of damage maliciously caused (defined in section 5 (2)) to property exceeds one hundred pounds, 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 Act (section 5 (1)). 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)). 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 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.

(a) Delete as appropriate.

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)).

(b) Give address or location.

(d) State amount (in words) and nature of damage.

(e) Applicant's name and address.

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.

(a) Delete as appropriate.

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.

(d) State amount in words.

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

(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.

(e) Applicant's name and address.