Commentary on Sections Part 5: Strategy and Policy Statement Section 133: Exceptions from section 132 duties
547.This details some specific functions where the duties in section 132(1) and (2) will not apply. It mirrors some exceptions from application of the principal objective and statutory duties for regulation of the Great Britain energy sector in section 4B of the Gas Act 1986 and section 3D of the Electricity Act 1989.
548.In particular, subsection (1) provides that the duties in section 132(1) and (2) do not apply to certain consenting functions of the Secretary of State (for example, consent for construction of a generating station under section 36 of the Electricity Act 1989).
549.Subsection (2) provides that the duties do not apply to the Authority when exercising functions of determining disputes or competition functions which are held concurrently with the Office of Fair Trading.
550.Subsection (3) provides that the new duties in section 132(1) and (2) will not affect any obligation on the Authority or the Secretary of State to perform or comply with any other duty or requirement.