(1)The obligation of a person to comply with—
(a)the conditions set under section 45 which apply to him,
[F403 (aa)the person’s commitments that are made binding by a commitments decision,F403]
(b)F404requirements imposed on him by an enforcement notification under section 95, ...
[F405 (ba)requirements imposed on the person by a notification under section 96A and a confirmation decision under section 96C; andF405]
(c)the conditions imposed by a direction under section 98 [F406, 100 or 100AF406] ,
shall be a duty owed to every person who may be affected by a contravention of the condition [F407, commitmentF407] or requirement.
(2)Where a duty is owed by virtue of this section to a person—
(a)a breach of the duty that causes that person to sustain loss or damage, and
(b)an act which—
(i)by inducing a breach of the duty or interfering with its performance, causes that person to sustain loss or damage, and
(ii)is done wholly or partly for achieving that result,
shall be actionable at the suit or instance of that person.
(3)In proceedings brought against a person by virtue of subsection (2)(a) it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid contravening the condition [F408, commitmentF408] or requirement in question.
(4)The consent of OFCOM is required for the bringing of proceedings by virtue of subsection (1)(a) [F409or (aa)F409] .
(5)Where OFCOM give a consent for the purposes of subsection (4) subject to conditions relating to the conduct of the proceedings, the proceedings are not to be carried on by that person except in compliance with those conditions.
251.This section provides that the obligation of a person to comply with any applicable conditions under section 45, or the conditions imposed by a direction under section 98 or 100, or any requirements imposed by an enforcement notification under section 95, is a duty owed to every person who may be affected by the contravention of the condition or requirement. Where a person sustains loss or damage as a result of a breach of that duty or of an act which induces a breach of the duty or interfering with its performance, that person may bring civil proceedings against the provider or supplier concerned. OFCOM’s consent is required before proceedings can be brought in respect of a breach of condition under section 45. In any such proceedings, a person may defend himself by demonstrating that he did everything reasonable and exercised all due diligence to avoid breaching the condition or requirement in question.