Part 2: Compulsory Purchase Etc Chapter 2: Other provisions relating to compulsory purchase Section 41: Compensation for temporary severance of land after vesting declaration
This section amends Schedule A1 to the Compulsory Purchase (Vesting Declarations) Act 1981 to include an equivalent provision to paragraph 28(5) of Schedule 2A to the Compulsory Purchase Act 1965. The amendment makes clear that the Upper Tribunal may require an acquiring authority to pay compensation for temporary severance, under section 7 of the 1965 Act, when, after executing a general vesting declaration, the authority vests in itself the part of a claimant’s land that it needs for its scheme, while a material detriment claim is being considered by the Tribunal: and the Tribunal subsequently determines that the acquiring authority must take additional land from the claimant. The Upper Tribunal may require the authority to pay compensation for the temporary severance of the land it planned to take from the additional land.
	This section extends and applies to England and Wales only.