s 10 Breach of duties or conditions.
(1) No action is to lie in respect of a failure by a licence holder to perform— (a) a duty imposed by section 8; (b) a licence condition . (2) But subsection (1) does not affect— (a) a right of action in respect of an act or omission which takes place in the course of the provision of air traffic services; (b) the power to give a contravention notice; (c) the power to give an enforcement order or an urgent enforcement order, a duty to comply with the order and a power to bring proceedings in respect of the duty; (d) the power to impose a penalty under paragraph 9 or 10 of Schedule B1.