Developments: Reducing Regulatory Risk: The Case for a New Regulatory Contract with the Privatized Utilities

Abstract

Privatization was intended to reverse the inefficiencies of state ownership. When the public utilities were privatized in the UK, between 1984 and 1996, newdedicated regulatory offices were established: Oftel, Ofgas, Ofwat, Offer and the ORR. Terms of reference for the regulators were set out in the privatization legislation, but more generally the regulators were given considerable discretion over their industries. Against the background of the Government Green Paper on the future of regulation in the UK, this article argues that while regulatory discretion was desirable in the early days of regulation, there is now a stronger case for introducing ‘contracts’ which constrain regulatory discretion and reduce regulatory risk.