23 Civil liability for breach of statutory duty.U.K.
(1)Breach of a duty imposed on any person by regulations made under this Part of this Act 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.
(2)References in—
(a)the M1Fatal Accidents Act 1976; and
(b)Article 3(1) of the M2Fatal Accidents (Northern Ireland) Order 1977,
to a wrongful act, neglect or default shall include references to any such breach which is so actionable.
(3)Nothing in subsections (1) and (2) prejudices any action which lies apart from the provisions of those subsections.
(4)A defence to a charge which is available by virtue of section 25(3)(c) shall not be a defence in any civil proceedings whether they are brought by virtue of this section or otherwise.
(5)For the purposes of subsection (1) 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—
(a)confers any right of action on a person as a member of the armed forces of the Crown; or
(b)authorises proceedings against Her Majesty in her private capacity or in right of the Duchy of Lancaster or against the Duke of Cornwall.
(6)In subsection (1) “personal injury” includes any disease, any impairment of a person’s physical or mental condition and any fatal injury.