60 Liability of the [appropriate agency] for derogation from protected right

Remedies and compensation in respect of infringement of protected rights etc

60  Liability of the [appropriate agency] for derogation from protected right

(1)     A breach of the duty imposed by subsection (1) of section 39 above (including that duty as applied by section 51(3) or 53(5) above) shall neither invalidate the grant or variation of a licence nor be enforceable by any criminal proceedings, by prohibition or injunction or by action against any person other than the [appropriate agency].

(2)     Instead, the duty referred to in subsection (1) above shall be enforceable, at the suit of any person entitled to a protected right for the purposes of this Chapter, by an

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