A claim that a person has broken the duty under paragraph 1(2) may be made the subject of civil proceedings in like manner as any other claim in tort for breach of statutory duty.

The right conferred by sub-paragraph (1) is in addition to any right to bring proceedings, in respect of a breach of any implied term having effect by virtue of paragraph 8 or 9 of Part 1 of this Schedule, against a person bound by that term.