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By Douglas-Lewis

This ebook describes the character of those adjustments and identifies the responsibility gaps that have unavoidably spread out within the absence of a written structure or a thought of Administrative approach Act. 

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Sample text

The government has recently conducted a review of the regulation of the utilities to ensure they deliver value for money, quality and choice to consumers. As will be discussed in Chapter 7, the Government has backed away from taking a bold constitutional approach to regulatory reform although, at least in the gas and electricity industries, traditional priorities have been ceremoniously overturned. Only the future will tell whether more holistic and principled reform will emerge and whether ancient constitutional principles will figure as being central to the regulated industries.

Having both ‘executive’ and policy departments or sub-departments with different chief executives assigned different responsibilities, the minister will benefit from increased access to competing sources of advice on the effectiveness of current activities, their options, and the level of sources required. This process is often referred to as ‘contestability’, a term frequently adopted, too, in the context of competition policy. Both in terms of access to policy advice and delivery of programmes, the availability of alternative sources of advice both from within and outside the public sector is often thought to be compelling.

The Modernising Government White Paper,23 for all its limitations, is clear evidence of this insight. However, it remains the case that there is no UK Administrative Procedure Act as there is, not only famously in the US, but also in many European counties, including The Netherlands and Sweden. The UK is almost alone, too, in not possessing a Civil Service Act, although one has been half-heartedly promised. The significance of this is that some legislation elsewhere entrenches public service values and also gives statutory force to public service commissioners whose function is to uphold and promote those values and other aspects of the public service.

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