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(1)Without prejudice to the generality of subsection (1) of section 169 of the [1980 c. 66.] Highways Act 1980 (which provides for licensing of scaffolding on or over highways), where a highway authority (being a borough council) grant a licence under that section they may include among the terms contained in the licence requirements to take such measures as may be therein specified—
(a)to prevent unauthorised persons from having access to the scaffolding or climbing it; and
(b)to protect the security of the building in respect of which the scaffolding is required, or any adjacent building.
(2)A breach of a condition under this section shall not affect liability in civil proceedings.
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