Part I- Preliminary
Section 1- Title and effect
- This Act shall be known as the Regulatory Authority Act, 2026.
- This Act shall have effect immediately upon the Constitution of the Hokorian State coming into force.
Section 2- Interpretation
- “Regulatory Authority” means the independent body established under this Act.
- “Director” means the person appointed to lead the Regulatory Authority.
- “Regulated matter” means any area of activity assigned to the Regulatory Authority by law.
- “Direction” means a binding instruction issued by the Regulatory Authority under this Act.
Part II- Establishment and Structure
Section 3- Establishment of the Regulatory Authority
- The Regulatory Authority is hereby established as an independent body:
- It shall operate separately from the Government and Parliament,
- It shall act in accordance with the Constitution and the law.
- The Regulatory Authority shall perform functions assigned to it under this Act and any other law.
- The Regulatory Authority shall act impartially and without improper influence.
Section 4- Functions of the Regulatory Authority
- The Regulatory Authority shall regulate matters assigned by law:
- It shall oversee compliance with applicable laws,
- It shall monitor and review conduct within regulated areas.
- The Regulatory Authority may:
- Issue guidance,
- Investigate potential breaches,
- Make decisions and take enforcement action.
- The Regulatory Authority shall ensure fairness and consistency in its actions.
Section 5- Appointment of the Director
- The Regulatory Authority shall be led by a Director.
- The Director shall be appointed by the Parliament by a high majority:
- The appointment must ensure independence and suitability,
- The Director must be a person of integrity and competence.
- The Director shall serve until resignation or removal in accordance with this Act.
Part III- Powers and Duties
Section 6- General powers
- The Regulatory Authority may exercise powers necessary to carry out its functions:
- Require information from relevant persons or bodies,
- Issue directions to ensure compliance,
- Take enforcement action where breaches occur.
- Directions issued under this Act shall be binding unless overturned by the Court.
- Powers must be exercised reasonably and proportionately.
Section 7- Duties of regulated persons and bodies
- A person or body subject to regulation shall:
- Comply with lawful directions,
- Provide accurate information when required,
- Act in accordance with applicable law.
- Failure to comply may result in enforcement action under this Act.
Section 8- Procedures and decision making
- The Regulatory Authority shall establish clear procedures for its work:
- Decisions shall be reasoned and recorded,
- Affected persons shall be informed of decisions.
- The Regulatory Authority shall act fairly and allow affected persons an opportunity to respond.
- Procedures must be consistent with this Act and other laws.
Part IV- Continuity and Substitution
Section 9- Inability of the Regulatory Authority to act
- Where the Regulatory Authority is unable to perform its functions:
- Due to absence of a Director,
- Due to incapacity or failure to act,
- Due to any other reason preventing operation.
- The Court may exercise the necessary functions of the Regulatory Authority:
- Only to the extent required to ensure continuity,
- In a manner consistent with this Act.
- Any action taken by the Court under this section shall have the same effect as if taken by the Regulatory Authority.
Part V- Accountability and Review
Section 10- Review of decisions
- A person affected by a decision of the Regulatory Authority may apply to the Court for review.
- The Court may:
- Uphold the decision,
- Modify the decision,
- Set aside the decision.
- The Court shall ensure that decisions are lawful and fair.
Section 11- Removal of the Director
- The Director may be removed by the Parliament by a high majority where:
- They have acted unlawfully,
- They are unable to perform their duties,
- Their conduct undermines the integrity of the office.
- Removal shall require due process and justification.
- Upon removal, the position shall become vacant.
Part VI- Offences and Enforcement
Section 12- Offence of non compliance
- A person commits an offence where they:
- Fail to comply with a lawful direction,
- Refuse to provide required information without lawful excuse.
- Levels of severity:
- Basic offence: minor non compliance,
- Aggravated offence: repeated or serious non compliance.
- Penalties:
- Basic offence shall carry a minimum term of no penalty and a maximum term of 1 month,
- Aggravated offence shall carry a minimum term of 1 month and a maximum term of 3 months.
Section 13- Offence of obstruction
- A person commits an offence where they:
- Intentionally obstruct the Regulatory Authority,
- Provide false or misleading information.
- Levels of severity:
- Basic offence: limited obstruction,
- Aggravated offence: serious or harmful obstruction.
- Penalties:
- Basic offence shall carry a minimum term of no penalty and a maximum term of 1 month,
- Aggravated offence shall carry a minimum term of 1 month and a maximum term of 3 months.
Part VII- Final Provisions
Section 14- Interpretation and application
- This Act shall be applied in a manner that supports independent and effective regulation.
- Any doubt shall be resolved in favour of lawful, fair and proportionate oversight.
