Article 44 Special category landI1

So much of the special category land as is required for the purposes of the exercising by the undertaker of the relevant Order powers will be discharged from all rights, trusts and incidents to which it was previously subject but only in so far as their continuance would be inconsistent with the exercising by the undertaker of the relevant Order powers.

So far as the temporary use of land under article 38 (temporary use of land for carrying out the authorised development) is concerned, then the discharge in paragraph (1) is only for such time as the land is being used under that article.

In this article—

• “relevant Order powers” means the rights and powers exercisable over the special category land by the undertaker under article 29 (compulsory acquisition of rights and imposition of restrictive covenants) and article 38 (temporary use of land for carrying out the authorised development);

• “special category land” means the land identified as forming part of a common, open space, or fuel or field allotment in the book of reference subject to compulsory acquisition and shown on the plan entitled “special category land plans”; and

• “special category land plans” means the document of that description for the purposes of this Order.