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

So far as the temporary use of land under either article 30 (temporary use of land for carrying out the authorised development) and article 31 (temporary use of land for maintaining the authorised development) is concerned, then the discharge in paragraph (1) is only for such time as any land required only temporarily is being used under either of those articles.

In this article—

• “Order rights” means rights and powers exercisable over the special category land by the undertaker under article 23 (compulsory acquisition of rights) and article 30 (temporary use of land for carrying out the authorised development);

• “the 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 and on the plan entitled “special category land plan”; and

• “the special category land plan” means the plan of that description set out in Schedule 11 (documents to be certified) and certified as the special category land plan by the Secretary of State for the purposes of this Order.