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The Energy (Northern Ireland) Order 2003

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Exceptions from the general duties

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13.—(1) Article 12 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.

(2) Article 12 does 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—

(i)Article 46(3) of the Electricity Order; or

(ii)Article 8.

(3) The Authority may nevertheless, when exercising any function under Article 46 (3) of the Electricity Order, have regard to any matter in respect of which a duty is imposed by Article 12 if it is a matter to which the Office of Fair Trading could have regard when exercising that function.

(4) The duties imposed by Article 12 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).

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