The River Mersey (Mersey Gateway Bridge) Order 2011

Open Space at Widnes

26.—(1) The Widnes special category land shall not vest in the undertaker until the undertaker has acquired the Widnes exchange land.

(2) Upon the vesting of the Widnes special category land in the undertaker it shall be discharged from all rights, trusts and incidents to which it was previously subject.

(3) The undertaker shall lay out the Widnes exchange land as replacement open space before the authorised works are first brought into use.

(4) Upon completion of the laying out of the Widnes exchange land as open space to the satisfaction of the local planning authority, the local planning authority shall issue a certificate to that effect.

(5) Upon the date of the certificate issued pursuant to paragraph (4)—

(a) parcel E1 of the Widnes exchange land shall vest in the person who is the owner of parcels 176 and 177 at the date of the vesting pursuant to paragraph (1) subject to the like rights, trusts and incidents as previously attached to the Widnes special category land; and

(b) parcel E2 of the Widnes exchange land shall vest in the person who is the owner of parcels 178 and 181 at the date of the vesting pursuant to paragraph (1) subject to the like rights, trusts and incidents as previously attached to the Widnes special category land.

(6) In this article—

“the Widnes Existing Open Space Plan” and “the Widnes Exchange Land Plan” mean the plans certified by the Secretary of State as those plans for the purposes of this Order;

“the Widnes special category land” means the land described as open space and coloured green on the plan entitled “Widnes Existing Open Space Plan”;

“the Widnes exchange land” means the land described as replacement open space and marked E1 and E2 on the plan entitled “Widnes Exchange Land Plan”;

“parcel E1” means the area of the Widnes exchange land marked E1 on the Widnes Exchange Land Plan; and

“parcel E2” means the area of the Widnes exchange land marked E2 on the Widnes Exchange Land Plan.