A regulatory agency (regulatory body, regulator) or independent agency (independent regulatory agency) is a
government authority
In the fields of sociology and political science, authority is the legitimate power of a person or group over other people. In a civil state, ''authority'' is practiced in ways such a judicial branch or an executive branch of government.''The Ne ...
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 192 ...
over some area of human activity in a
licensing
A license (or licence) is an official permission or permit to do, use, or own something (as well as the document of that permission or permit).
A license is granted by a party (licensor) to another party (licensee) as an element of an agreeme ...
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 List of United States federal agencies, federal agency of the United States Department of Health and Human Services, Department of Health and Human Services. The FDA is respon ...
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 states, a federal district, five major unincorporated territorie ...
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 continental mainland. It comprises England, Scotland, Wales and North ...
; and, in the case of
economic regulation
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 ...
, the
Office of Gas and Electricity Markets
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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 so ...
.
Legislative basis
Regulatory agencies are generally a part of the
executive
Executive ( exe., exec., execu.) may refer to:
Role or title
* Executive, a senior management role in an organization
** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators
** Executive dir ...
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 le ...
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 government agency, executive branch agencies of Forms of government, government. Administrative law concerns executive branch rule making (executive branch rules are gener ...
,
regulatory law
Regulatory law refers to secondary legislation, including regulations, promulgated by an executive branch agency under a delegation from a legislature. It contrasts with statutory law promulgated by the legislative branch, and common law or case l ...
,
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 democra ...
, and
rulemaking (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
audit
An audit is an "independent examination of financial information of any entity, whether profit oriented or not, irrespective of its size or legal form when such an examination is conducted with a view to express an opinion thereon.” Auditing ...
s, 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 Cognition, cognitive process resulting in the selection of a belief or a course of action among several possible alternative options. It could be ...
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
Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust l ...
, 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 r ...
, which are subject to
economic regulation
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 ...
. 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, 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
Bank regulation is a form of government regulation which subjects banks to certain requirements, restrictions and guidelines, designed to create market transparency between banking institutions and the individuals and corporations with whom th ...
*
Consumer protection
Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the marketplace. Consumer protection measures are often established by law. Such laws are intended to prevent business ...
*
Cyber-security regulation
A cybersecurity regulation comprises directives that safeguard information technology and computer systems with the purpose of forcing companies and organizations to protect their systems and information from cyberattacks like viruses, worms, Tr ...
*
Economic regulation
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 ...
*
Environmental regulation
Environmental law is a collective term encompassing aspects of the law that provide protection to the environment. A related but distinct set of regulatory regimes, now strongly influenced by environmental Legal doctrine, legal principles, focu ...
*
Financial regulation
*
Food safety
Food safety (or food hygiene) is used as a scientific method/discipline describing handling, preparation, and storage of food in ways that prevent food-borne illness. The occurrence of two or more cases of a similar illness resulting from t ...
and
food security
Food security speaks to the availability of food in a country (or geography) and the ability of individuals within that country (geography) to access, afford, and source adequate foodstuffs. According to the United Nations' Committee on World F ...
*
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 wor ...
*
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
*
Regulation of acupuncture
*
Regulation of nanotechnology
Because of the ongoing controversy on the implications of nanotechnology, there is significant debate concerning whether nanotechnology or nanotechnology-based products merit special government regulation. This mainly relates to when to assess n ...
*
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 s ...
*
Regulation of therapeutic goods
The regulation of therapeutic goods, defined as drugs and therapeutic devices, varies by jurisdiction. In some countries, such as the United States, they are regulated at the national level by a single agency. In other jurisdictions they are reg ...
*
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 in ...
*
Vehicle regulation
Vehicle regulations are requirements that automobiles must satisfy in order to be approved for sale or use in a particular country or region. They are usually mandated by legislation, and administered by a government body. The regulations concern a ...
*
Regulation of ship pollution in the United States
In the United States, several federal agencies and laws have some jurisdiction over pollution from ships in U.S. waters. States and local government agencies also have responsibilities for ship-related pollution in some situations.
International ...
*
Regulation and prevalence of homeopathy
Homeopathy is fairly common in some countries while being uncommon in others. In some countries, there are no specific legal regulations concerning the use of homeopathy, while in others, licenses or degrees in conventional medicine from accred ...
*
Regulation of science
*
Wage regulation Wage regulation refers to attempts by a government to regulate wages paid to citizens.
Minimum wage
Minimum wage regulation attempts to set an hourly, or other periodic monetary standard for pay at work. A recent example was the U.K. National Mini ...
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 regulatory agencies in Turkey
*
List of regulators in the United Kingdom
The following is a list of regulators in the UK. Regulators exercise regulatory or supervisory authority over a variety of endeavours.
In addition, local authorities in the UK provide regulatory functions in a number of areas. Professional ass ...
*
List of regulators in India
A list of regulators in India.
Regulatory agency, Regulatory agencies exercise Regulation, regulatory or supervisory authority over a variety of activities and endeavors in India.
List
1. Reserve Bank of India, RBI – Reserve Bank of India ...
See also
*
Civil service commission
A civil service commission is a government agency that is constituted by legislature to regulate the employment and working conditions of civil servants, oversee hiring and promotions, and promote the values of the public service. Its role is rough ...
*
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 and constitutionalism that has been described as explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the choices and activities of econo ...
*
Constitutional institution
A constitutional institution, constitutional body or constitutional organ is a government institution created by a constitution. As these institutions derives its powers, duties and responsibilities directly from the constitution, which is harder t ...
*
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 ...
*
Election management body
An election commission is a body charged with overseeing the implementation of electioneering process of any country. The formal names of election commissions vary from jurisdiction to jurisdiction, and may be styled an electoral commission, a c ...
*
International regulation International regulation is regulation that occurs at the international level, often exercised by international organizations. An advantage of international regulation is that it allows localities and the individuals in them to be held accountable f ...
*
Journal of Regulatory Economics
The ''Journal of Regulatory Economics'' is a bimonthly peer-reviewed academic journal covering regulatory economics. It was established in 1989 and is published by Springer Science+Business Media. The founding editor-in-chief was Michael A. Crew (R ...
*
Law enforcement agency
*
Liberalization
Liberalization or liberalisation (British English) is a broad term that refers to the practice of making laws, systems, or opinions less severe, usually in the sense of eliminating certain government regulations or restrictions. The term is used m ...
*
Public administration
Public Administration (a form of governance) or Public Policy and Administration (an academic discipline) is the implementation of public policy, administration of government establishment (public governance), management of non-profit establ ...
*
Public utilities commission
*
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
A quasi-judicial body is non-judicial body which can interpret law. It is an entity such as an arbitration panel or tribunal board, that can be a public administrative agency but also a contract- or private law entity, which has been ...
*
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 corruption of authority that occurs when a political entity, policymaker, or regulator is co-opted to serve the commercial, ideological, or political interests ...
*
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
Regu ...
References
Notes
*
*
*
{{DEFAULTSORT:Regulatory Agency
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In typography, a bullet or bullet point, , is a typographical symbol or glyph used to introduce items in a list. For example:
*Point 1
*Point 2
*Point 3
The bullet symbol may take any of a variety of shapes, such as circular, square, diamo ...
.
Government agencies by type
Government institutions