The River Mersey (Mersey Gateway Bridge) Order 2011

Open Space on Wigg Island

27.—(1) The Wigg Island special category land shall not vest in the undertaker until the undertaker has acquired the Wigg Island exchange land.

(2) Upon the vesting of the Wigg Island 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 Wigg Island exchange land as replacement open space before the authorised works are first brought into use.

(4) Upon completion of the laying out of the Wigg Island 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) the Wigg Island exchange land shall vest in the person who is the owner of the Wigg Island special category land at the date of the vesting pursuant to paragraph (1) and shall be subject to the like rights, trusts and incidents as previously attached to the Wigg Island special category land, with the exception of the Section 19(1)(b) land which shall remain discharged from all rights, trusts and incidents to which it was previously subject.

(6) In this article—

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

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

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

“the Section 19(1)(b) land” means part of the land delineated on the Wigg Island Existing Open Space Plan which the Secretary of State has certified as not exceeding 209 square metres and that the giving in exchange of other land for the Section 19(1)(b) special category land is unnecessary for the purposes of section 19(1) of the Acquisition of Land Act 1981.