Section 17H Enforcement of certain duties in sections 17B, 17D and 17E.Enforcement of duty in section 17GAF9F1

F2The obligation to comply F3with any notice under section 17D(11) F4or with a notice given under subsection (6) of section 17GA in a case falling within subsection (7) of that section F5and the obligation to comply with any duty in section 17B(6) or section 17D(7) shall be F6duties a duty owed to any person who may be affected by a failure to comply with F7them it .

Where a duty is owed by virtue of subsection (1) to any person, any breach of the duty which causes that person to sustain loss or damage shall be actionable at the suit or instance of that person.

In any proceedings brought against a person in pursuance of subsection (2), it shall be a defence for him to prove that he took all reasonable steps and exercised all due diligence to avoid contravening the duty.

F8Compliance with the duties in sections 17B(1) and (3), 17D(1) and (3) and 17E(2) shall be enforceable by civil proceedings by the Secretary of State for an injunction or interdict or other appropriate relief or remedy.