Regulating public utilities : a constitutional approach / Cosmo Graham.

Format:

Book

Author/Creator:

Graham, Cosmo.

Language:

English

Subjects (All):

Public utilities--Law and legislation--Great Britain.

Public utilities.

Public utilities--Law and legislation.

Great Britain.

Physical Description:

xix, 202 pages ; 24 cm

Place of Publication:

Oxford [England] ; Portland, Ore. : Hart, 2000.

Summary:

This book examines the implications for public law of the regulation of privatised utilities, asking how these institutions fit into our constitutional understandings regarding accountability, individual rights and territorial government. It argues that new approaches are needed if constitutional and regulatory principles are to accommodate one another. This is of particular interest in the context of recent constitutional reforms and the growing influence of European integration.

Contents:

1. The Constitution, Regulation and Privatisation 1

2. What is the constitution? 7

Ministerial accountability 7

Individual rights 9

Territorial powers 12

3. The background to regulation: the privatisation programme 14

Increasing competition? 16

Regulation 19

2. The Duties, Powers and Responsibilities of the Regulator 23

1. Duties of the regulator 27

Primary duties 27

Secondary duties 30

Environmental duties 31

Safety duties 31

2. Conclusions on the Director Generals' duties 31

3. Responsibilities of regulators 33

Responsibilities in relation to licences: grant, modification and enforcement 33

Competition law powers and relationship with the competition authorities 36

Collection and provision of relevant information 37

Consumer protection: quality of service 39

Dealing with complaints and disputes 40

Inter-connection disputes 42

3. Regulators and Ministers 45

1. Government powers over regulators 46

2. Relations with the Competition Commission 49

3. Government powers in practice 52

Merger control and the electricity industry 52

Competition in gas supply 56

Charging for water 56

The convergence of telecommunications, broadcasting and computer systems 57

The poverty issue 58

4. Reform and the Green Paper 61

4. Procedures and Accountability 65

1. Traditional accountability devices 68

The role of the courts 68

The Parliamentary Commissioner for Administration 75

Parliamentary committees 76

2. Decision-making procedures 78

Licence modification 79

Enforcement 83

3. Regulatory review and freedom of information 84

5. Representing the Consumer 87

1. The legal framework of consumer representation 91

Relations with the regulator and the companies 94

2. Quality of service 98

3. Access to utility services 99

Disconnection for debt 101

Universal service 103

6. The Regions and Europe 107

1. Territory and the constitution 108

2. Regional aspects of utility regulation 110

3. The role of the European Community 118

7. Rights and the Social Dimension 129

1. Rights talk 131

2. The Human Rights Act 136

3. Social rights and obligations 142

4. The EC and utilities policy 143

5. A new government and a new approach? 147

8. Issues in Price Control 151

1. Price control: origins and issues 151

2. Legal framework 154

3. Price control and the water industry 155

4. Electricity 159

5. Gas 161

6. Telecommunications 165

9. The Development of Competitive Markets 169

1. Developing the policy 169

Telecommunications 170

Gas supply 175

Electricity 181

2. The new Competition Act 188.

Notes:

Includes bibliographical references and index.

ISBN:

1901362868

OCLC:

41257199