11 Civil liability for breach of statutory duty. U.K.
(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 M1Fatal Accidents Act 1846, as it applies in England and Wales, and [F1in Article 3(1) of the M2Fatal 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.
[F2(5)So far as the provisions of this section impose a liability on a concession owner, those provisions and the other provisions of this Act to which they relate shall bind the Crown, and accordingly, for the purposes of those provisions, and of any regulations or conditions having effect under any of those provisions, persons in the service of the Crown shall be taken to be employed whether or not they would be so taken apart from this subsection:
Provided that this subsection shall not give any right of action to a person as being a member of the armed forces of the Crown.
(6)Nothing in the last preceding subsection shall authorise proceedings to be brought against Her Majesty in her private capacity, and this subsection shall be construed as if section 38(3) of the M3Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.]
(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.
Textual Amendments
F1Words substituted by S.I. 1977/1251 (N.I. 18), Sch. 1 para. 6
F2S. 11(5)(6) repealed (E.W.S.) (20.6.1995) by S.I. 1995/738, reg. 22, Sch. 1 Pt. I
Modifications etc. (not altering text)
C1S. 11 applied by S.I. 1989/1029, reg. 11
C2S. 11 amended (E. W.) by Fatal Accidents Act 1976 (c. 30), Sch. 1 para. 2
Marginal Citations
M21977/1251 (N.I. 18).