SCHEDULES
SCHEDULE 7Enforcement of regulatory requirements
Civil liability for breach of regulatory requirements etc.
I116
1
The duty of a person to comply with—
a
regulatory requirements,
b
requirements imposed by an enforcement notification under paragraph 5, or
c
a condition of a direction under paragraph 8 or 11,
is a duty owed to every person who may be affected by a contravention of the requirement or condition.
2
Sub-paragraphs (3) and (4) apply where a duty is owed by virtue of sub-paragraph (1) to a person.
3
A breach of the duty that causes that person to sustain loss or damage is actionable at the suit or instance of that person.
4
An act which—
a
by inducing a breach of the duty or interfering with its performance, causes that person to sustain loss or damage, and
b
is done wholly or partly for achieving that result,
is actionable at the suit or instance of that person.
5
In proceedings brought against a person as a result of sub-paragraph (3) it is a defence for that person to show that the person took—
a
all reasonable steps, and
b
exercised all due diligence,
to avoid contravening the requirement or condition in question.
6
The consent of OFCOM is required for the bringing of proceedings as a result of sub-paragraph (1)(a).
7
If OFCOM give their consent subject to conditions relating to the conduct of the proceedings, the proceedings are not to be carried on except in compliance with those conditions.