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The Railways Regulations (Northern Ireland) 2003

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Civil proceedings

22.—(1) The obligation to comply with regulation 4, paragraph (1) of regulation 5, paragraph (2) of regulation 6, paragraph (2) of regulation 7, paragraph (3) of regulation 8, paragraphs (11) and (13) of regulation 9 (including those paragraphs as applied by paragraph (5) of regulation 10), a decision under paragraph (9) or direction under paragraph (10) of regulation 12, or the rules specified in Schedule 1 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 the NI allocation body, infrastructure manager, international grouping or railway undertaking in pursuance of paragraph (1), it shall be defence for it to prove that it took all reasonable steps and exercised all due diligence to avoid the breach of duty.

(3) Subject to paragraph (4), without prejudice to the right that 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 Department for an injunction or any other relief.

(4) Paragraph (3) does not apply to any breach of duty arising out of the obligation to comply with paragraph (3) of regulation 8.

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