Regulation 36 Civil proceedings

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 36(1)(dd) inserted by Railways Infrastructure (Access and Management) 2015 reg. 8(5)
reg 36 rev in pt by Railways Infrastructure (Access and Management) 2009 reg 2
reg 36 am by Railways Infrastructure (Access and Management) 2009 reg 2
reg. 36(3) words substituted by Office of Rail Regulation (Change of Name) 2015 Sch. para. 5(v)
reg. 36(1)(c) words inserted by Railways Infrastructure (Access and Management) 2015 reg. 8(4)

(1)

The obligation to comply with—

(a)

regulation 8;

(b)

regulation 9;

(c)

paragraphs (7) and (12) of regulation 12;

(d)

paragraphs (3), (10), and (11)(c) of regulation 16; or

(e)

paragraph (11) of regulation 29,

shall be a duty owed to any person who may be affected by a breach of that duty and shall be 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, international grouping, railway undertaking, allocation body, charging body or applicant under paragraph (1), it shall be 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 shall be enforceable by civil proceedings by the Office of Rail Regulation for an injunction or for interdict or any other relief.