THE chairman of Lancashire Police Authority has written to the Government asking for the repeal of the Riot Damages Act in the forthcoming Police Reform Bill.

Ruth Henig, who is also chairman of the National Association of Police Authorities, says the Act, which makes police authorities liable for damages during a riot, is archaic and places an unfair burden on police.

The cost of the disorder in Burnley, which lasted for three days at the end of June, has been estimated at more than £1m.

Lancashire Police, however, is expected to reject claims they are liable as they were careful not to refer to the disorder as a riot - a move which should exempt them from payouts under the 1885 Riot Act.

The Burnley Task Force, set up to examine the causes of the disturbances, also refused to use the word "riots".

However, police authorities covering Oldham and Bradford where there was also trouble during the summer could find themselves liable for payouts amounting to millions of pounds.

The repeal of the Riot Act would ensure the Lancashire Police Authority and those in other areas of the North West hit by the disturbances would not be liable for claims. That would increase the burden on private insurance companies which could instead be hit with claims for compensation for damage to homes and businesses.

In the letter to Home Office Minister John Denham, penned as a result of the summer troubles, Ruth Henig says: "The legislation is now widely viewed as archaic and an urgent review is justified on a number of grounds.

"In particular, the provisions of the Act apply even when there has been no negligence or default on the part of the police. While police forces and authorities clearly have a crucial role to play in maintaining community relations, they clearly operate within a complex web of local partnerships and community groups.

"Moreover, one of the basic assumptions underpinning the Act -- that riots are a failure to provide adequate policing -- is no longer valid in today's environment.

"In our view, there can be no justification for police authorities meeting claims for damage resulting from local disturbances.

"Provision is not made to meet such costs and, unless other central funding is available, the costs can only be met through an increase in the council tax precept or reduction in other police services."

Newsagent Mohammed Sarfraz is one of those whose home and business were affected in the disturbances.

He is appealing for compensation from the police because his newsagent's on Oxford Road was not insured, owing to what he has called "financial difficulties."

He estimates the cost of the damage to be about £85,000 and has written to the Prime Minister and Peter Pike MP putting his case. He said: "If I do not get paid out it will mean me losing everything."

Mohammed has managed to get the shop open again but he has moved his family to rented accommodation in Bracewell Street.

"This fire did not happen in the normal way. It was a riot, which I could not have foreseen. It destroyed my business and home."

Mr Sarfraz has been backed by Burnley's deputy mayor Coun Rafique Malik who has insisted that the incidents were riots and that all people who suffered a loss should be compensated.

Any repeal of the Riots Act is likely to come as part of the Police Reform Bill - Home Secretary David Blunkett's proposals for reform of the police force due to go before parliament sometime next year.