Ley 55/2010, Dated September 22, To Amend The Law 5/2008, Of 15 May, Accompaniment Of The Bill To The Budget 2008 On New Forms Of Contracting And Financing Of Public Works

Original Language Title: Llei 55/2010, del 22 de setembre, de modificació de la Llei 5/2008, del 15 de maig, d’acompanyament del Projecte de llei del pressupost 2008 sobre les noves formes de contractació i finançament d’obres públiques

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Law since the General Council in its session of the 22nd September 2010 has approved the following: law 55/2010, dated September 22, to amend the law 5/2008, of 15 may, accompaniment of the Bill to the budget 2008 on new forms of contracting and financing of public works preamble the draft budget law for the year 2010 included a fourth additional provision that modified sections 1 and 2 of the article 4 "public works concession contract" of the law 5/2008, of 15 may, accompaniment of the Bill to the budget 2008 on new forms of contracting and financing of public works.

Likewise, the budget bill for the year 2010 included a fifth additional provision regulating the transmission of payment rights through the incorporation of a section "bis" in article 32 of the second chapter "contract of works" of the law on public procurement, on 9 September 2000.

It is considered that, in addition to that the Bill for the financial year 2010 has not been approved, do-it, the modification of the law must be with a vocation for perpetuity and not only for the execution of a budget year. For this reason, the article only modifies sections 1 and 2 of the article 4 "public works concession contract" of the law 5/2008, of 15 may, accompaniment of the Bill to the budget 2008 on new forms of contracting and financing of public works. On the other hand, the additional provision adds a seventh additional provision in the Law regulating the transmission of collection rights of since it is not provided in our legal system and that will allow us to implement new forms of long-term financing.

Article only modify the sections 1 and 2 of the article 4 "public works concession contract" of the law 5/2008, of 15 may, accompaniment of the Bill to the budget 2008 on new forms of contracting and financing of public works, with the following wording: "1. The contracts of the concession of public works are the ones that have to the writing of the project If necessary, the execution of the works and the use, or only the exploitation of infrastructures that are mentioned in article 13, 34 and 52 of the law on public procurement, on 9 November 2000, provided that they are subject to exploitation or economic exploitation and the consideration the dealer consists of the right to exploit the work or in this right together with perceive a price.

2. The contract for the concession of public works may also have to object: a) the drafting of the project for the execution of the works, in accordance with the requirements set by the administration.

b) the adaptation of the work to the needs of the service or activity that you pay.

c) performances by replacement or major repair that are required in order to provide for adequate public service or activity to which you are bound.

d) The writing of the project, execution, conservation, the replacement and repair of all such works or linked to the main and that are necessary to improve the operation of the service or of the activity in which they are destined for the work.

e) Other services related to the development for the administration of the public service or performance of general interest that you have been entrusted. ".

Seventh additional provision is an additional provision in law 5/2008, of 15 may, accompaniment of the Bill to the budget 2008 on new forms of contracting and financing of public works, with the following wording: "seventh additional provision is incorporated in article 32 bis in chapter second" contract of works "of the public procurement Act, of 9 September 2000 , with the following wording: "Article 32 bis.

Transmission of collection rights of 1. The contractors of works subject to new forms of contracting and contracts with term payment, who are entitled to payment before the general administration, be it in accordance with the law in force.

2. Because the assignment of the right of collection have full effectiveness in the face of the general administration, it is necessary to report it to the Government.

3. The effectiveness of the second and successive transfers of collection rights of transferred by the contractor is subject to compliance with the provisions of the previous section.

4. Once the general administration is aware of the agreement of transfer, the payment order is issued in favour of the assignee. Before the assignment will notify the general administration, the payment orders in the name of the contractor or of the transferor have liberating effects.

5. In the event of bankruptcy, suspension of payments or dissolution for any reason the contractor the transferor, the agreement for the transfer of non-payment becomes void and, therefore, is still valid if you meet the following requirements: a) the credits assigned to come of the business activity of the transferor contractor b) the assignee is a credit institution or a third party c) that credits passed as part of the agreement to exist on the date of the assignment or agreement are born of the business activity of the contractor within a maximum period of one year from the date mentioned, or that the identity of prospective borrowers should consist in the contract of assignment) That the assignee pays to the transferor, in cash or in installments, the amount of credits given with the deduction of the cost of the service rendered e) That certifies the knowledge of the date of notification of the assignment of the right of collection f) certified having made the notification in referred to in point 2 of this article. ".".

Final provision this law shall enter into force the day after being published in the official bulletin of the Principality of Andorra.

Casa de la Vall, 22 September 2010 Josep Dallerès Codina, General Syndic Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.

Nicolas Sarkozy Joan Enric Vives Sicília and President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra

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