16(1)The duty of a person to comply with—U.K.
(a)regulatory requirements,
(b)requirements imposed by an enforcement notification under paragraph 5, or
(c)a condition of a direction under paragraph 8 or 11,
is a duty owed to every person who may be affected by a contravention of the requirement or condition.
(2)Sub-paragraphs (3) and (4) apply where a duty is owed by virtue of sub-paragraph (1) to a person.
(3)A breach of the duty that causes that person to sustain loss or damage is actionable at the suit or instance of that person.
(4)An act which—
(a)by inducing a breach of the duty or interfering with its performance, causes that person to sustain loss or damage, and
(b)is done wholly or partly for achieving that result,
is actionable at the suit or instance of that person.
(5)In proceedings brought against a person as a result of sub-paragraph (3) it is a defence for that person to show that the person took—
(a)all reasonable steps, and
(b)exercised all due diligence,
to avoid contravening the requirement or condition in question.
(6)The consent of OFCOM is required for the bringing of proceedings as a result of sub-paragraph (1)(a).
(7)If OFCOM give their consent subject to conditions relating to the conduct of the proceedings, the proceedings are not to be carried on except in compliance with those conditions.
Commencement Information
I1Sch. 7 para. 16 in force at 1.10.2011 by S.I. 2011/2329, art. 3