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10.—(1) In the case of any continuing exercise by the Authority of either the functions assigned to it by section 36A(1) of the Gas Act or functions which it exercises concurrently with the Director General of Fair Trading by virtue of section 43(3)(2) of the Electricity Act—
(a)the Authority shall exercise its functions as if, notwithstanding any provisions of the Act, sections 4 and 4A(3) in the case of the Gas Act and section 3 in the case of the Electricity Act had not been replaced; and
(b)section 4B(3) of the Gas Act (which section 12 inserts into that Act) and section 3D(4) of the Electricity Act (which section 16 inserts into that Act) shall have no effect.
(2) For the purposes of this article “continuing exercise” means any exercise of the functions described in paragraph (1) which has been commenced but not determined before 20th December 2000.
Section 36A of the Gas Act was inserted by the Gas Act 1995, Schedule 3, paragraph 43 and amended by the Competition Act 1998, section 54(2), Schedule 10, paragraph 3, Schedule 14, Part I and by S.I. 1999/506, article 20(b).
Section 43(3) of the Electricity Act was substituted for subsection (3) as originally enacted by the Competition Act 1998, section 54(2) and Schedule 10, paragraph 4(5).
Section 4A of the Gas Act was inserted by the Gas Act 1995, section 2.
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