{
  "url": "https://openlegislation.uk/railways-infrastructure-access-and-management-regulations-2005/regulation-36",
  "json_url": "https://openlegislation.uk/railways-infrastructure-access-and-management-regulations-2005/regulation-36.json",
  "legislation": "uksi/2005/3049",
  "legislation_title": "The Railways Infrastructure (Access and Management) Regulations 2005",
  "legislation_url": "https://openlegislation.uk/railways-infrastructure-access-and-management-regulations-2005",
  "path": "regulation/36",
  "kind": "regulation",
  "number": "36",
  "heading": "Civil proceedings",
  "text": "(1) The obligation to comply with—\n(a) regulation 8;\n(b) regulation 9;\n(c) paragraphs (7) and (12) of regulation 12;\n(d) paragraphs (3), (10), and (11)(c) of regulation 16; or\n(e) paragraph (11) of regulation 29,\nshall 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.\n(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.\n(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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "inserted",
      "affecting": "uksi/2015/786",
      "affecting_title": "The Railways Infrastructure (Access and Management) (Amendment) Regulations 2015 (revoked)"
    },
    {
      "type": "rev in pt",
      "affecting": "uksi/2009/1122",
      "affecting_title": "The Railways Infrastructure (Access and Management) (Amendment) Regulations 2009 (revoked)"
    },
    {
      "type": "am",
      "affecting": "uksi/2009/1122",
      "affecting_title": "The Railways Infrastructure (Access and Management) (Amendment) Regulations 2009 (revoked)"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2015/1682",
      "affecting_title": "The Office of Rail Regulation (Change of Name) Regulations 2015"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2015/786",
      "affecting_title": "The Railways Infrastructure (Access and Management) (Amendment) Regulations 2015 (revoked)"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2005/3049/regulation/36",
    "retrieved_at": "2026-10-29T04:47:39.073567+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}