40.—(1) Subject to subsection (2) where a worker does work upon goods comprised in a regulated agreement in such circumstances that, if the goods were the property of the hirer, the worker would be entitled to a lien on the goods for the value of his work, he shall be entitled to a lien notwithstanding that the goods are not the property of the hirer.
(2) The lien is not enforceable against the owner if the regulated agreement contains a provision prohibiting the creating of a lien by the hirer and the worker had notice of that provision before doing the work upon the goods.
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