Civil liability for breach of statutory duty.
11
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 Fatal Accidents Act 1846, as it applies in England and Wales, and in Article 3(1) of the Fatal 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.
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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.
S. 11 applied by S.I. 1989/1029, reg. 11
S. 11 amended (E. W.) by Fatal Accidents Act 1976 (c. 30), Sch. 1 para. 2
1846 c. 93.
Words substituted by S.I. 1977/1251 (N.I. 18), Sch. 1 para. 6
1977/1251 (N.I. 18).
S. 11(5)(6) repealed (E.W.S.) (20.6.1995) and (N.I.) (9.10.1995) by S.I. 1995/738, reg. 22, Sch. 1 Pt.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