Commentary on provisions of the Act Temporary possession and use of land Section 19: Compensation for injurious affection
Section 19 modifies section 10(1) of the Compulsory Purchase Act 1965 which provides for compensation for ‘injurious affection’ by the acquiring authority. Injurious affection has a specific and detailed meaning developed by case law. In very broad terms, injurious affection under section 10 of the 1965 Act relates to circumstances where the construction of public works such as High Speed 2 causes a diminution in the value of land. The compulsory purchase powers under the Act are given to the Secretary of State and not the nominated undertaker. The modification of section 10 of the 1965 Act is needed to make the nominated undertaker, who is not the acquiring authority, responsible for the payment of compensation for injurious affection.