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Paragraph 2

(1)

Paragraph 1 is subject to the power to impose restrictive covenants by virtue of section 5(1)(b).

(2)

Paragraph 1 does not restrict the exercise of the power under section 4(1) in relation to a cellar, vault, arch or other construction in, on or under a highway which forms part of a building fronting on to the highway where—

(a)

the building is within the Act limits, and

(b)

the power under section 4(1) is exercisable in relation to the building.