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 Office of Fair Trading 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).