Section 6Part 2 — Establishment, functions and administration of the Utility Regulation and Competition Office
Principal functions of the Office
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The principal functions of the Office, in the markets and sectors for which it has responsibility, are —
to promote objectives set out in any Policy;
to promote appropriate effective and fair competition;
to protect the short and long term interests of consumers in relation to utility services and in so doing —
supervise, monitor, and regulate any sectoral provider, in accordance with this Act, the regulations and sectoral legislation and any general policies made by Cabinet in writing;
ensure that utility services are satisfactory and efficient and that charges imposed in respect of utility services are reasonable and reflect efficient costs of providing the services; and
publish information, reports and other documents relating to utility services; and
to promote innovation and facilitate economic and national development.
In performing its functions and exercising its powers under this Act or any other Law, the Office may —
collect, retain and expend funds;
establish its internal organisation and procedures;
conduct its internal administrative operations;
make administrative determinations, decisions, orders and regulations;
provide advisory guidance to sectoral participants;
establish external advisory panels and take appropriate actions to foster industry self-regulation and co-regulation;
establish and maintain an official website;
purchase, acquire or lease real property and other assets that the Board considers necessary for the provision or future provision of business premises for the Office or incidental to the performance of its functions under this Act;
enter into leases for real property and contracts for goods and services;
grant, modify and revoke authorisations;
collect from authorisation holders such information as the Office considers necessary for any one or more of the following purposes —
identifying the geographic position and nature of critical national infrastructure;
enabling the security and continuity of services over critical national infrastructure; and
any other prescribed purpose;
collect prescribed fees;
establish operating and reserve funds, open bank accounts, and accept grants and loans;
issue, suspend, vary or revoke licences, permits and exemptions;
conduct research and studies into any matter or technology which may be relevant to its functions and publish its findings, if appropriate;
assign resources and implement initiatives designed to enable the introduction of new and innovative technologies and systems in the markets and sectors for which it has responsibility;
initiate and conduct inquiries and investigations into any matter or complaint, either on its own initiative or referred to it, which in the opinion of the Office, is not frivolous;
take such action as it considers necessary to ensure the continuity and reliability of operations of critical national infrastructure;
allocate finite resources used by sectoral providers to provide covered services;
establish technical standards for the provision of covered services;
review and, as appropriate, approve, reject or modify tariffs filed by a sectoral provider governing the provision of covered services;
establish and enforce quality of service standards applicable to covered services;
take such action as the Office considers necessary to protect the health and safety of the public in relation to covered services;
take into account and have regard for the protection of the environment;
define relevant markets, assess the competitiveness of relevant markets and identify sectoral providers that have significant market power in such markets;
adopt remedies to deter anti-competitive conduct by sectoral providers in any relevant market;
modify or find to be void, agreements involving one or more sectoral providers that unreasonably restrict competition in any relevant market;
prohibit unfair trade practices by sectoral providers in any relevant market;
resolve disputes between sectoral providers, and between sectoral providers and sectoral participants;
conduct public consultations;
require the production of documents and other information, conduct inspections and compel attendance at proceedings;
publish and maintain registers or lists;
take appropriate enforcement action, including the imposition of administrative fines, in any case in which a sectoral participant has contravened this Act, the regulations and any sectoral legislation or any administrative determination; and
take any other action, not expressly prohibited by Law, that is necessary and proper to perform its duties under this Act and sectoral legislation.
Without prejudice to subsection (1) or (2), the Office has power to carry on any activity which appears to it to be requisite, advantageous or convenient for or in connection with the performance of its functions or the exercise of its powers under this Act or any other Law.
In performing its functions and exercising its powers under this Act or any other Law, the Office shall —
act in a timely manner;
rely on self-regulation and co-regulation, where appropriate;
act in a reasonable, proportionate, impartial and consistent manner;
operate transparently, to the full extent practicable;
engage in reasoned decision-making, based on the administrative record;
act without favouritism to any sectoral participant, including any sectoral participant in which the Government has a direct or indirect financial interest; and
subject to section 12, act free from political interference.
The markets and sectors for which the Office has responsibility are set out in Schedule 1.
Defined Terms
principal functionscovered servicessectoral providersectoral participants
Cross References
- Section 12 of Utility Regulation And Competition Act
Freedom from political interference is subject to Cabinet's power to give general directions