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Work of UK Economic Regulators examined

Summary

'UK Economic Regulators’ (HL 189-I) examines the statutory remits of the UK economic regulators, their working methods and working relationships, the value for money they provide and the extent to which the regulators have successfully promoted competition and de-regulated where possible, as well as considering whether they should be given an additional statutory duty to facilitate the competitiveness of UK firms.

As a result of the privatisation of many nationalised industries in the 1980s, independent sector-specific regulatory offices were established to regulate these industries to promote genuine competition and ensure companies did not exploit monopoly powers.

Examples of these regulatory offices include: Oftel (telecommunications), Ofgem (electricity and gas supply), Ofwat (water services), and Postcomm (postal services). Other regulatory offices with slightly different regulatory remits include: the Civil Aviation Authority, the Financial Services Authority, the Pensions Regulator, the Competition Commission, and the Office of Fair Trading.

In examining the work of the UK economic regulators, the House of Lords Select Committee on Regulators concludes that the legislation is working well but that a greater standardisation of remits should be introduced over time to ensure all regulators are statutorily required to follow best practice. In most sectors regulators have played an important role in helping to promote competition, with the exception of the water industry.

The Report explores possible reasons for the lack of competition in this sector and urges Ofwat to take account of the general comments made by the Competition Appeal Tribunal on its access regime. It highlights the need for greater parliamentary oversight over regulatory bodies and recommends that a Joint Committee of both Houses be set up or, failing this, that a sessional Select Committee be established in the House of Lords.

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Law-Making Explained

This is a House of Lords Paper (HL 189-I 2007-08): it is a Report from the House of Lords Select Committee on Regulators.

Find out more about House of Lords Papers.

How does it affect me?

If you work for a regulatory office or work in an industry overseen by a statutory regulatory office, this affects you.

Lord McIntosh of Haringey, Chairman of the Committee, said:
“Many of the UK’s economic regulators have done an excellent job in ensuring their markets are competitive and provide good value for the customer. Unfortunately in the water industry this has not been the case. Ofwat must do more to encourage competition amongst water suppliers. They have to start by looking again at how they interpret the legislation around access charges. We see no reason why the water industry cannot become just as competitive as energy or telecoms is now. Overall there needs to be more Parliamentary oversight of the role of regulators to ensure they don’t pursue over regulation or become self serving. That is why we are recommending a new Joint Committee is established to regulate the regulators.”

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