A regulatory agency (regulatory body, regulator) or independent agency (independent regulatory agency) is a
government authority that is responsible for exercising autonomous
dominion
The term ''Dominion'' is used to refer to one of several self-governing nations of the British Empire.
"Dominion status" was first accorded to Canada, Australia, New Zealand, Newfoundland, South Africa, and the Irish Free State at the 1926 ...
over some area of human activity in a
licensing and
regulating capacity.
These are customarily set up to strengthen safety and standards, and/or to protect consumers in markets where there is a
lack of effective competition. Examples of regulatory agencies that enforce standards include the
Food and Drug Administration
The United States Food and Drug Administration (FDA or US FDA) is a federal agency of the Department of Health and Human Services. The FDA is responsible for protecting and promoting public health through the control and supervision of food ...
in the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., federal district, five ma ...
and the
Medicines and Healthcare products Regulatory Agency in the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
; and, in the case of
economic regulation, the
Office of Gas and Electricity Markets and the
Telecom Regulatory Authority in
India
India, officially the Republic of India ( Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the ...
.
Legislative basis
Regulatory agencies are generally a part of the
executive branch of the government and have
statutory
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by ...
authority to perform their functions with oversight from the legislative branch. Their actions are often open to
legal review.
Regulatory agencies deal in the areas of
administrative law
Administrative law is the division of law that governs the activities of executive branch agencies of government. Administrative law concerns executive branch rule making (executive branch rules are generally referred to as " regulations"), ...
,
regulatory law,
secondary legislation
Primary legislation and secondary legislation (the latter also called delegated legislation or subordinate legislation) are two forms of law, created respectively by the legislative and executive branches of governments in representative dem ...
, and
rulemaking
In administrative law, rulemaking is the process that executive and independent agencies use to create, or ''promulgate'', regulations. In general, legislatures first set broad policy mandates by passing statutes, then agencies create more de ...
(codifying and enforcing rules and regulations, and imposing supervision or oversight for the benefit of the public at large). The existence of independent regulatory agencies is justified by the complexity of certain regulatory and directorial tasks, and the drawbacks of political interference. Some independent regulatory agencies perform investigations or
audits, and other may fine the relevant parties and order certain measures. In a number of cases, in order for a company or organization to enter an industry, it must obtain a
license to operate from the sector regulator. This license will set out the conditions by which the companies or organizations operating within the industry must abide.
Functioning
Regulatory regimes vary by country and industry. In the most light-touch forms of regulation, regulatory agencies are typically charged with overseeing an industry, intervening only when there is a reasonable suspicion that a regulated company may not be complying with its obligations. Under such a regime, regulatory agencies typically have powers to:
* oblige individuals or firms entering the industry to obtain a license;
* require transparency of information and
decision-making
In psychology, decision-making (also spelled decision making and decisionmaking) is regarded as the cognitive process resulting in the selection of a belief or a course of action among several possible alternative options. It could be either r ...
on part of the regulated company; and
* monitor the performance and investigate the compliance of the regulated company, with the regulator publishing the findings of its investigations.
In the event that the regulated company is not in compliance with its license obligations or the law, the regulatory agency may be empowered to:
* require that administrators of the regulated company explain their actions;
* undertake enforcement action, such as directing the regulated company to comply through orders, imposing
financial penalties and/or revoking its license to operate; or
* refer the regulated company to a
competition authority, in instances where it may have breached
competition law, or prosecute the company (via civil courts).
In some instances, it is deemed in the public interest (by the legislative branch of government) for regulatory agencies to be given powers in addition to the above. This more interventionist form of regulation is common in the provision of
public utilities
A public utility company (usually just utility) is an organization that maintains the infrastructure for a public service (often also providing a service using that infrastructure). Public utilities are subject to forms of public control and ...
, which are subject to
economic regulation. In this case, regulatory agencies have powers to:
* require the provision of particular outputs and/or service levels; and
* set
price controls or a
rate-of-return for the regulated company.
The functions of regulatory agencies in prolong "collaborative governance" provide for generally non-adversarial regulation.
''Ex post'' actions taken by regulatory agencies can be more adversarial and involve sanctions, influencing
rulemaking
In administrative law, rulemaking is the process that executive and independent agencies use to create, or ''promulgate'', regulations. In general, legislatures first set broad policy mandates by passing statutes, then agencies create more de ...
, and creating quasi-common law.
However, the roles of regulatory agencies as "regulatory monitors" provide a vital function in administering law and ensuring compliance.
Areas
*Advertising regulation
*Alcoholic beverages
*
Bank regulation
*
Consumer protection
*
Cyber-security regulation
*
Economic regulation
*
Environmental regulation
*
Financial regulation
Financial regulation is a form of regulation or supervision, which subjects financial institutions to certain requirements, restrictions and guidelines, aiming to maintain the stability and integrity of the financial system. This may be handle ...
*
Food safety and
food security
*
Noise regulation
*
Nuclear safety
Nuclear safety is defined by the International Atomic Energy Agency (IAEA) as "The achievement of proper operating conditions, prevention of accidents or mitigation of accident consequences, resulting in protection of workers, the public and the ...
*
Minerals
In geology and mineralogy, a mineral or mineral species is, broadly speaking, a solid chemical compound with a fairly well-defined chemical composition and a specific crystal structure that occurs naturally in pure form.John P. Rafferty, ed. ( ...
*
Occupational safety and health
Occupational safety and health (OSH), also commonly referred to as occupational health and safety (OHS), occupational health, or occupational safety, is a multidisciplinary field concerned with the safety, health, and welfare of people at ...
*
Public health
Public health is "the science and art of preventing disease, prolonging life and promoting health through the organized efforts and informed choices of society, organizations, public and private, communities and individuals". Analyzing the det ...
*
Regulation and monitoring of pollution To protect the environment from the adverse effects of pollution, many nations worldwide have enacted legislation to regulate various types of pollution as well as to mitigate the adverse effects of pollution.
Regulation and monitoring by region
I ...
*
Regulation of acupuncture
Regulation of acupuncture is done by governmental bodies to ensure safe practice.
Australia
In 2000, the Chinese Medicine Registration Board of Victoria (Australia), Victoria, Australia (CMBV) was established as an independent government agency ...
*
Regulation of nanotechnology
*
Regulation of sport
The regulation of sport is usually done by a sport governing body for each sport, resulting in a core of relatively invariant, agreed rules. People responsible for leisure activities often seek recognition and respectability as sports by joining ...
*
Regulation of therapeutic goods
*
Regulation through litigation
Regulation through litigation refers to changes in society (particularly those that affect industries) brought about by litigation, rather than legislation or self-regulation.
Some laws have "private attorney general" provisions that permit indi ...
*
Vehicle regulation
*
Regulation of ship pollution in the United States
*
Regulation and prevalence of homeopathy
*
Regulation of science The regulation of science refers to use of law, or other ruling, by academic or governmental bodies to allow or restrict science from performing certain practices, or researching certain scientific areas.
Science could be regulated by legislation i ...
*
Wage regulation
By country or international organization
*
Agencies of the European Union
The agencies of the European Union (formally: ''Agencies, decentralised independent bodies, corporate bodies and joint undertakings of the European Union and the Euratom'') are bodies of the European Union and the Euratom established as juridic ...
*
Independent agencies of the United States government
Independent agencies of the United States federal government are agencies that exist outside the federal executive departments (those headed by a Cabinet secretary) and the Executive Office of the President. In a narrower sense, the term refe ...
*
Independent regulatory agencies in Turkey
*
List of regulators in the United Kingdom
*
List of regulators in India
See also
*
Civil service commission
*
Code of Federal Regulations
In the law of the United States, the ''Code of Federal Regulations'' (''CFR'') is the codification of the general and permanent regulations promulgated by the executive departments and agencies of the federal government of the United States. ...
*
Constitutional economics
Constitutional economics is a research program in economics
Economics () is the social science that studies the production, distribution, and consumption of goods and services.
Economics focuses on the behaviour and interactions of ...
*
Constitutional institution
*
Deregulation
Deregulation is the process of removing or reducing state regulations, typically in the economic sphere. It is the repeal of governmental regulation of the economy. It became common in advanced industrial economies in the 1970s and 1980s, as a r ...
*
Election management body
*
International regulation
*
Journal of Regulatory Economics
*
Law enforcement agency
*
Liberalization
*
Public administration
Public Administration (a form of governance) or Public Policy and Administration (an academic discipline) is the implementation of public policy, Administration (government), administration of Government, government establishment (Governance#P ...
*
Public utilities commission
In the United States, it is a governing body of a utility. In Canada, it is a utility, not a regulatory body.
Canada
In Canada, a public utilities commission (PUC) is a public utility owned and operated by a municipal or local government under t ...
*
Quango
A quango or QUANGO (less often QuANGO or QANGO) is an organisation to which a government has devolved power, but which is still partly controlled and/or financed by government bodies. The term was originally a shortening of "quasi-NGO", where N ...
*
Quasi-judicial body
*
Regulation school
The regulation school (french: l'école de la régulation) is a group of writers in political economy and economics whose origins can be traced to France in the early 1970s, where economic instability and stagflation were rampant in the French eco ...
*
Regulatory capture
In politics, regulatory capture (also agency capture and client politics) is a form of Political corruption, corruption of authority that occurs when a political entity, Legislator, policymaker, or regulatory agency, regulator is co-opted to serve ...
*
Regulatory compliance
*
Regulatory economics
Regulatory economics is the economics of regulation. It is the application of law by government or regulatory agencies for various purposes, including remedying market failure, protecting the environment and economic management.
Regulation
Re ...
References
Notes
*
*
*
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Government agencies by type
Government institutions