reg 41 Civil proceedings
(1) Any obligation which a person owes under or arising from— (a) regulation 5; (b) regulation 6; (c) regulation 8; (d) regulation 9; (e) regulation 10; (f) paragraphs (1) to (5) of regulation 12; (g) paragraphs (2)(a), (5)(b), (9), and (13) of regulation 14; (h) paragraph (5) of regulation 15; (i) paragraph (4), (14) and (16)(c) of regulation 19; (j) paragraphs (4), (5), and (6) of regulation 21; (k) paragraph (8) of regulation 31; (l) paragraph (11) of regulation 32; (m) paragraph (12) of regulation 33; or (n) paragraph (4) of regulation 34, is a duty owed to any person who may be affected by a breach of that obligation and is actionable by any such person who sustains loss, damage or injury caused by the breach at the suit or instance of that person. (2) In any proceedings brought against an infrastructure manager, railway undertaking, service provider, allocation body, charging body or applicant under paragraph (1), it is a defence for it to prove that it took all reasonable steps and exercised all due diligence to avoid the breach of duty. (3) Without prejudice to the right which any person may have by virtue of paragraph (1) to bring civil proceedings in respect of any breach of duty, the obligation to comply is enforceable by civil proceedings by the Office of Rail and Road for an injunction or for interdict or any other relief.