Special category land
34.—(1) Subject to paragraph (2), so much of the special category land as is required for the purposes of the exercise by the undertaker of the Order rights is discharged from all rights, trusts and incidents to which it was previously subject.
(2) Plots 10-01a and 10-01b are not to be discharged from the rights, trusts and incidents to which they were previously subject until the Secretary of State has certified that a scheme for the provision of replacement land as common has been implemented to the Secretary of State’s satisfaction.
(3) In this article—
“the Order rights” means rights exercisable over special category land by the undertaker under articles 19 (authority to survey and investigate land), 20 (compulsory acquisition of land), 22 (compulsory acquisition of rights), or 28 (temporary use of land for carrying out the authorised development);
“the special category land” means the land identified as forming open space and registered common land and numbered 10-01a, 10-01b, 18-19, 20-03, 20-27, 20-28, 20-32, 20-33, 20-34, 20-35, 20-36, 20-37a, 20-37c, 20-41a, 20-41c, 21-01, 21-02a, 21-02c, 21-02d, 21-12a, 21-13, 21-15, 21-16, 21-17, 22-12, 22-26, 23-04, 23-32, 23-33, 23-34, 23-35 in the book of reference and on the land plans; and
“the replacement land” means the land identified on the plan entitled “replacement land plan”.