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Special category land
31.—(1) On the giving of notice by the undertaker to the relevant planning authority that it has complied with paragraph (1) of requirement 23 (alternative route for Marriott’s Way), the Marriott’s Way open space land is to vest in the undertaker and is to be discharged from all rights, trusts and incidents to which it was previously subject.
(2) Prior to the opening of the NDR classified road for public use the undertaker must obtain certification from the relevant planning authority that a scheme for the provision of the Marriott’s Way replacement open space land as open space has been implemented to its satisfaction, and on the provision of such certificate the Marriott’s Way replacement open space land is to vest in the persons in whom the Marriott’s Way open space land was vested immediately before it was vested in the undertaker and is to be subject to the same rights, trusts and incidents as attached to the Marriott’s Way open space land.
(3) As from the date on which this Order comes into force or the date on which the fuel allotment land, or any part of it, is acquired by or vested in the undertaker, whichever is the later, the fuel allotment land is to be discharged from all rights, trusts and incidents to which it was previously subject.
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