(1)  Nothing in Part 2 , 4 or 5 is to be construed –

(a) as conferring a right of action in any civil proceedings in respect of any contravention, whether by act or omission, of any provisions of that Part; or

(b) as conferring a defence to an action in any civil proceedings or as otherwise affecting a right of action in any civil proceedings.

(2)  Subsection (1) does not affect the extent (if any) to which a breach of duty imposed by the regulations is actionable.