Legislation – Sentencing Act 2020
THIRD GROUP OF PARTSDisposals
PART 7Financial orders and orders relating to property
CHAPTER 2Compensation orders
Particular cases
136Road accidents
(1)
A compensation order may not be made in respect of funeral expenses or bereavement in respect of a death due to a road accident.
(2)
A compensation order may be made in respect of injury, loss or damage due to a road accident only if it is in respect of—
(a)
loss suffered by a person’s dependants in consequence of the person’s death,
(b)
damage which is treated by section 137 as resulting from an offence under the Theft Act 1968 or Fraud Act 2006, or
(c)
uninsured harm.
(3)
In subsection (2), “uninsured harm” means injury, loss or damage as respects which—
(a)
the offender was uninsured in relation to the use of the vehicle in question, and
(b)
compensation is not payable under any arrangements to which the Secretary of State is a party.
An offender is not uninsured in relation to the use of a vehicle for this purpose if that use of it is exempted from insurance by section 144 of the Road Traffic Act 1988.
(4)
Where a compensation order is made in respect of injury, loss or damage due to a road accident, the amount to be paid may include an amount representing all or part of any loss of, or reduction in, preferential rates of insurance attributable to the accident.
(5)
In this Chapter, “road accident” means an accident arising out of the presence of a motor vehicle on a road.