(1)Breach of a duty imposed on any person by a provision of regulations which are made in pursuance of this Part of this Act and which state that this subsection applies to such a breach shall be actionable so far, and only so far, as the breach causes personal injury; and references in section 1 of the [1846 c. 93.] Fatal Accidents Act 1846, as it applies in England, Wales and Northern Ireland, to a wrongful act, neglect or default shall include references to any such breach which is so actionable.
(2)Nothing in the preceding subsection prejudices any action which lies apart from the provisions of that subsection.
(3)A defence to a charge which is available by virtue of section 32(3)(c) of this Act shall not be a defence in any civil proceedings which are brought either in pursuance of this section or otherwise.
(4)For the purposes of subsection (1) of this section any such regulations as are mentioned in that subsection shall bind the Crown, and references in those regulations to employees shall for those purposes include persons in the service of the Crown ; but nothing in this subsection confers any right of action on a person as a member of the armed forces of the Crown or authorises proceedings against Her Majesty in her private capacity or in right of the Duchy of Lancaster or against the Duke of Cornwall.
(5)In subsection (1) of this section " personal injury " includes any disease, any impairment of a person's physical or mental condition and any fatal injury.