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Mineral Workings (Offshore Installations) Act 1971

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11 Civil liability for breach of statutory duty. E+W+S+N.I.

(1)This section has effect as respects—

(a)a duty imposed on any person by any provision of this Act, or

(b)a duty imposed on any person by any provision of regulations made under this Act which expressly applies the provisions of this section.

(2)Breach of any such duty shall be actionable so far, and only so far, as it causes personal injury, and references in section 1 of the M1Fatal Accidents Act 1846, as it applies in England and Wales, and [F1in Article 3(1) of the M2Fatal Accidents (Northern Ireland) Order 1977], to a wrongful act, neglect or default shall include references to any breach of a duty which is so actionable.

(3)Subsection (2) above is without prejudice to any action which lies apart from the provisions of this Act.

(4)Neither section 9(3) of this Act, nor any defences afforded by regulations made in pursuance of section 7(2)(b) of this Act, shall afford a defence in any civil proceedings, whether brought by virtue of this section or not.

F2(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In this section “personal injury” includes any disease and any impairment of a person’s physical or mental condition and includes any fatal injury.

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Amendments (Textual)

F2S. 11(5)(6) repealed (E.W.S.) (20.6.1995) and (N.I.) (9.10.1995) by S.I. 1995/738, reg. 22, Sch. 1 Pt. I; S.R. 1995/340, reg. 22, Sch. 1 Pt. I

Modifications etc. (not altering text)

Marginal Citations

M21977/1251 (N.I. 18).

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