I am grateful for this growing cross-party alliance on how to deal with one of the amendments. I shall deal with as much as I can in writing, but some government amendments are tucked into this group which I need to address.
I thank the noble Lord, Lord Shipley, for tabling his amendments, which, as he said, deal with compensation for temporary possession. Clause 19 provides that claimants will be entitled to compensation for any loss or injury which they sustain as a result of the temporary possession. Where the claimant is operating a trade or business on the land, they will be entitled to compensation for disturbance of that trade or business.
I turn to Amendment 95, for which the noble Lord has explained his reasons. I think this comes down to a difference in approach to drafting. The Government have used the term “loss or injury” instead of “loss or damage”, as the noble Lord has suggested. Both terms have been used previously. In this instance, the Government have opted to follow the precedent of Section 20 of the Compulsory Purchase Act 1965.
The important point is that both formulations have the same meaning. I am reinforced in my view by the recent intervention by the noble Lord, Lord Beecham.
On the second part of this amendment, adding,
“as a result of the temporary possession of the land”,
is unnecessary because subsection (1) makes the same point.
5.45 pm
The noble Lord proposes deleting subsections (3) to (6) of Clause 19. I listened to what he said and will certainly write to him. I will ask my officials to discuss this matter further with the Compulsory Purchase Association, as the Government’s aim is to ensure fair compensation for those whose land is taken.
Amendment 97 deals with subsection (7), as do government Amendments 98, 99 and 100, so I can deal with them briefly at the same time. Clause 19(7) is a safeguard to ensure that claimants do not run out of time for submitting a claim for compensation if the temporary possession is for a lengthy period. It provides that the start of the statutory six-year time limit under the Limitation Act 1980 for submitting a claim runs from the end of the temporary possession period rather than the start. That is in the interest of the claimant. The Government’s amendments do not alter this. They are simply intended to make the position clearer. The noble Lord, Lord Shipley, asked about the position of somebody who was out of pocket for a prolonged period. The answer to that issue is the advance payment mechanism under Clause 20. This will ensure that claimants are not out of pocket for an unacceptable length of time.
Amendments 101 and 102 deal with the same subject. Government Amendment 101 makes clear that interest will accrue for each separate head of claim from the day after the last day on which that particular loss or injury occurs. This is fairer to claimants than treating all loss and injury as a whole. Amendment 102, tabled by the noble Lord, Lord Shipley, would mean that claimants could be entitled to interest on outstanding payments of compensation for losses that had not yet been incurred. In our view, that would be unfair to acquiring authorities, but I accept with alacrity his suggestion that I should pursue this matter further with him in correspondence.