(1)No action is to lie in respect of a failure by a licence holder to perform—
(a)a duty imposed by section 8;
(b)a condition of a licence.
(2)But subsection (1) does not affect—
(a)a right of action in respect of an act or omission which takes place in the course of the provision of air traffic services;
(b)the power to make an order under section 20, a duty to comply with the order and a power to bring proceedings in respect of the duty.