Economic regulator
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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 territori ...
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 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 , type = Non-ministerial government department , nativename = , nativename_a = , nativename_r = , logo = Ofgem logo.svg , logo_width = 124px , logo_caption = , seal = , seal_width = , seal_caption = , picture = , picture_widt ...
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 executive branch agencies of government. Administrative law concerns executive branch rule making (executive branch rules are generally referred to as "regulations"), ad ...
,
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 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 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 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 *
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 principles, focus on the manage ...
* Financial regulation * Food safety 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 ...
* Noise regulation * Nuclear safety *
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 *
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 ...
*
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 * 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 *
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 *
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 est ...
* 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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. Government agencies by type Government institutions