A number of process-related factors will determine a regulator's general effectiveness and are particularly critical in establishing a pro-poor focus. These include:
• degree of transparency and objectivity of the procedures adopted (for instance, transparent and consultative processes over key issues such as tariffs and service standards, fair and competitive procurement procedures);
• clarity of criteria determining the regulatory framework;
• predictability of processes;
• engagement with stakeholders, and thus the formulation of strategies to enable them to reach stakeholders (such as consultation processes with NGOs, community and consumer organisations, and different types of private sector organisations involved in the delivery process (see Chapter 6));
• introduction of mechanisms enabling the poorest to be heard; and
• means to access information on an ongoing basis and the feedback of this information into the regulatory framework (regulatory impact assessments).
Regulation is complex. It is often the most difficult issue to resolve. There are no clear answers, but in the context of weak national regulatory environments the solution normally lies in specific clauses in the contract.