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5.—(1) The obligation to comply with—
(a)article 4(3) of this Order; or
(b)article 4 of the international articles,
shall be a duty owed to any person who may be affected by a breach of that obligation and shall be actionable by any such person who sustains loss, damage or injury caused by the breach at the suit or instance of that person.
(2) In any proceedings brought against an infrastructure manager, international grouping or railway undertaking under paragraph (1), it shall be a defence for it to prove that it took all reasonable steps and exercised all due diligence to avoid a breach of the duty.
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