Planning, Environmental, Banking, and Professional Regulation

Abstract

In the previous chapter, we examined the negligence liability of authorities engaged in health and safety regulation. This chapter deals with regulation in other areas. It examines the tortious liability of authorities involved in regulation in the fields of planning, the environment, and banking, and of those authorities regulating professions such as law, accountancy, and medicine. In each of these areas, regulatory authorities are empowered to oversee and control the activities of third parties. Planning authorities regulate those involved in land development to ensure that development occurs in a manner that is compatible with wider public interests. Environmental regulatory authorities aim to minimize environmental hazards such as pollution and emissions caused by those engaged in industrial and other activities. Banking authorities seek to regulate financial institutions to ensure that they are not run in a manner that is fraudulent or otherwise detrimental to their customers and the wider financial markets. Regulators of professions attempt to ensure that only those who are competent are able to practise in particular professions.