Objective and duties of Department, the Authority and SEM Committee N.I.

Exceptions from the general duties N.I.

10.—(1) Article 9 does not apply in relation to functions of the Department under—

(a) Article 39, 40, 58, 59 or 60 of the Electricity Order; or

(b) Article 61 of the Energy Order.

(2) Article 9 does not apply in relation to anything done by the SEM Committee in taking a decision as to the exercise of any function of the Authority—

(a) which relates to the determination of disputes;

(b) under Article 46(3) of the Electricity Order; or

(c) under Article 8 of the Energy Order;

or to anything done by the Authority in giving effect to that decision.

(3) The SEM Committee may nevertheless, when taking a decision as to the exercise of any function of the Authority under Article 46(3) of the Electricity Order, have regard to any matter in respect of which a duty is imposed by Article 9 if it is a matter to which the [F1 Competition and Markets Authority] could have regard when exercising that function.

(4) The duties imposed by Article 9 do not affect the obligation of the Authority or the Department to perform or comply with any other duty or requirement (whether arising under this Order or another statutory provision, by virtue of any Community obligation or otherwise).

Textual Amendments

F1 Words in art. 10(3) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 258 (with art. 3)

Commencement Information

I1 Art. 10 partly in operation; art. 10 not in operation at date of making see art. 1(3); art. 10(1) in operation at 20.6.2007 and art. 10(4) in operation for specified purposes at 20.6.2007 by S.R. 2007/303, art. 2, Sch.; art. 10(2)(3) in operation at 1.11.2007 by S.R. 2007/444, art. 2, Sch. 1