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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Regulating Public Utilities: A Constitutional Approach

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ISBN13: 9781901362862
ISBN: 1901362868
Published: February 2000
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £54.00

Usually despatched in 1 to 3 weeks.

This text examines the implications for public law of the regulation of privatized 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.;After describing the institutions, their powers and duties, particular attention is paid to the position of consumers, the role of the European Community, territorial government and the place of individual rights.

The book concludes by looking at price control, the coming of competitive markets for utility services and the future of the regulatory system in the light of convergence, multi-utilities and the government's planned reforms.

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Constitutional and Administrative Law
Part 1 The constitution, regulation and privatisation: introduction
what is the constitution? - ministerial accountability, individual rights, territorial powers
the background to regulation - the privatisation programme - increasing competition?, regulation
Part 2 The duties, powers and responsibilities of the regulator: duties of the regulator - primary duties, secondary duties, environmental duties, safety duties
conclusions on the Director Generals' duties
responsibilities of regulators - responsibilities in relation to licences - grant, modification and enforcement, competition law powers and relationship with the competition authorities, collection and provision of relevant information, consumer protection - quality of service, dealing with complaints and disputes, inter-connection disputes
Part 3 Regulators and Ministers: government powers over regulators
relations with the Competition Commission
government powers in practice - merger control and the electricity industry, competition in gas supply, charging for water, the convergence of telecommunications, broadcasting and computer systems, the poverty issue
reform and the Green Paper
Part 4 Procedures and accountability: traditional accountability devices - the role of the courts, the Parliamentary Commissioner for Administration, parliamentary committees
decision-making procedures - licence modification, enforcement
regulatory review and freedom of information.
Part 5 Representing the consumer: the legal framework of consumer representation - relations with the regulator and the companies
quality of service
access to utility services - disconnection for debt, universal service
Part 6 The regions and Europe: territory and the constitution
regional aspects of utility regulation
the role of the European Community
Part 7 Rights and the social dimension: rights talk
the Human Rights Act
social rights and obligations
the EC and utilities policy
a new government and a new approach?
Part 8 Issues in price control: price control - origin and issues
legal framework
price control and the water industry
Part 9 The development of competitive markets: developing the policy - telecommunications, gas supply, electricity
the new Competition Act
Part 10 Conclusions.