Paragraph 74 Restriction on powers contained in Part 3 of this OrderI1

nothing contained in Part 3 of this Order nor article 39 (statutory undertakers) authorises the acquisition of any interest in, or the acquisition, appropriation, interference, overriding or extinguishment of any right in, on or over, or the imposing of restrictive covenants in any Order land (including airspace and subsoil) if the interest or right or the land to be affected by the restrictive covenant is (at the time of the proposed acquisition, appropriation, interference, overriding, extinguishment or the imposition of the restrictive covenant) land, airspace, subsoil or a right is vested in the PLA; and

nothing contained in article 37 (temporary use of land for carrying out the authorised development) or article 38 (temporary use of land for maintaining the authorised development) authorises the entering on and taking temporary possession or the entering of land (including airspace and subsoil) to gain access for maintenance in any Order land if the land at the time of the proposed entry the land, airspace or subsoil is vested in the PLA.