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(1)Section 4AA does not apply in relation to the issuing by the Secretary of State of guidance under section 4AB.
(2)Sections 4AA to 4A do not apply in relation to anything done by the Authority—
(a)in the exercise of functions relating to the determination of disputes; or
(b)in the exercise of functions under section 36A(3).
(3)The Authority may nevertheless, when exercising any function under section 36A(3), have regard to any matter in respect of which a duty is imposed by sections 4AA to 4A if it is a matter to which [F2the CMA] could have regard when exercising that function.
(4)The duties imposed by sections 4AA to 4A do not affect the obligation of the Authority or the Secretary of State to perform or comply with any other duty or requirement (whether arising under this Act or another enactment, by virtue of any [F3assimilated] obligation or otherwise).]
Textual Amendments
F1S. 4B inserted (20.12.2000) by 2000 c. 27, s. 12; S.I. 2000/3343, art. 2, Sch. (subject to transitional provisions in arts. 3-15)
F2Words in s. 4B(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. 45 (with art. 3)
F3Word in s. 4B(4) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 21(2)(a)
Modifications etc. (not altering text)
C1Ss. 4AA-4B applied (24.8.2004 for specified purposes, 5.10.2004 in so far as not already in force) by Energy Act 2004 (c. 20), ss. 190(1), 198(2); S.I. 2004/2184, art. 2(1), Sch. 1; S.I. 2004/2575, art. 2(1), Sch. 1
C2Ss. 4AA-4B applied (26.11.2008) by Energy Act 2008 (c. 32), ss. 102(1), 110(2)
C3Ss. 4AA-4B applied (8.4.2010) by Energy Act 2010 (c. 27), ss. 30(1), 38(1)
C4Ss. 4AA-4B applied (18.12.2011) by Energy Act 2011 (c. 16), ss. 98(13), 121(3)
C5Ss. 4AA-4B applied (18.12.2011) by Energy Act 2011 (c. 16), ss. 78(1), 121(3)
C6Ss. 4AA-4B applied (21.3.2012) by Energy Act 2011 (c. 16), ss. 22(9), 121(1); S.I. 2012/873, art. 2(a)(v)
C7Ss. 4AA-4B applied (18.2.2014) by Energy Act 2013 (c. 32), ss. 136(1), 156(2)
C8Ss. 4AA-4B applied (18.2.2014) by Energy Act 2013 (c. 32), ss. 141(1), 156(2)
C9Ss. 4AA-4B applied (23.7.2018) by Smart Meters Act 2018 (c. 14), ss. 6(12), 14(5)
C10Ss. 4AA-4B applied (26.10.2023 for specified purposes, 31.1.2024 in so far as not already in force) by Energy Act 2023 (c. 52), ss. 178(3), 334(1)(2)(h); S.I. 2024/32, reg. 3(a)(viii)
C11Ss. 4AA-4B applied (11.1.2024) by Energy Act 2023 (c. 52), ss. 248(1)(2), 334(1); S.I. 2024/32, reg. 2(b)(iii)
C12Ss. 4AA-4B applied (31.1.2024) by Energy Act 2023 (c. 52), ss. 178(1), 334(1); S.I. 2024/32, reg. 3(a)(viii)
C13S. 4B(3) excluded (20.12.2000) by S.I. 2000/3343, art. 10(1)(b) (subject to transitional provisions in arts. 3-15)
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