Part 2: Compulsory Purchase Etc Chapter 2: Other provisions relating to compulsory purchase Section 38: Timing of advance payments of compensation
Section 39 to 40 make a number of technical amendments to the provisions on advance payments of compensation in the Land Compensation Act 1973 ("the LCA 1973") (as amended by Part 7 of the Housing and Planning Act 2016). The amendments ensure the changes made by the 2016 Act work as intended in all cases, in particular where the land is subject to a mortgage.
	Section 38 amends sections 52 and 52ZC of the LCA 1973 to ensure that, where an acquiring authority is required to make an advance payment to a claimant or a payment to a mortgagee, the payment does not have to be made before the authority has received any further information required under section 52(2A)(b) (to estimate the amount of compensation) or under section 52ZC(2)(b) (to establish the amount of the mortgage).
	This section extends and applies to England and Wales only.