Ordinance To The Law On Compulsory Local Collaborations

Original Language Title: Bekendtgørelse af lov om forpligtende kommunale samarbejder

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Ordinance to the law on compulsory local collaborations

Hereby promulgated law on obligatory communal work together, see. lovbekendtgørelse nr. 50 by 15. January 2010, with the changes imposed by section 3 of Act No. 294 of 11. April 2011, § 1 of lov nr. 587 of 18. June 2012 and section 4 of Act No. 492 of 21. may 2013.

The changes resulting from § 10 of lov nr. 639 of 12. June 20131), § 4 of the lov nr. 651 of 12. June 20132) and section 8 of Act No. 895 by 4. July 20133 lays), is not included in this consolidation Act, since the changes first will enter into force on 1. January 2014.

Binding local collaborations



§ 1. Municipal Councils in the under section 2, paragraph 1, designated groups of municipalities cooperating with effect from 1 January. January 2007 in accordance with the provisions of this law.

(2). The cooperation includes 1) employment area, in the case of Municipal Board's tasks after a) section 13, paragraphs 2-5 of the law on responsibility for and management of active employment efforts and rules issued thereunder, and (b)) § 16 of the law on legal security and administration in the social field in so far as that provision applies to municipal functions of the Administrative Board in accordance with subparagraph (a), 2) rehabilitation area, as regards municipal functions of the Administrative Board in accordance with (a) section 140) in health law , (b)) § 44, see. section 86, paragraph 2, and articles 85 and 86 of the law on social service and c) section 16 of the Act on legal security and administration in the social field, as regards municipal functions of the Administrative Board in accordance with subparagraph (b), 3) nature and environment area, in the case of Municipal Board's tasks after a) law on the protection of the environment and the regulations issued pursuant to the law, (b) law on water supply, etc.) and regulations issued by virtue of law , c) law on contaminated soil and rules issued pursuant to law, d) law on the protection of the marine environment and the regulations issued pursuant to the law, e) law on chemicals and rules issued pursuant to law, such as the law on payment rules) for wastewater treatment plants, etc. and rules issued pursuant to law, g) law on raw materials and rules issued pursuant to law , h) law on ochre and rules issued pursuant to law, in the law on environmental objectives, etc.) for water bodies and international nature protection areas (environmental target practice Act) and regulations issued pursuant to the law, j) law on nature protection, with the exception of section 35, paragraph 11, and section 49, paragraph 3, as well as rules issued pursuant to law, k) law on watercourses and rules issued pursuant to law , l) regulations issued pursuant to the law on holiday homes and camping, etc., m) section 11 (a), no. 7, section 11 (e), (3), section 11 (g), as well as Chapter 6 and section 51 of the law on planning and rules issued pursuant to law, in the case of installations covered by section 11 g, n) section 2 (1) (8). 5 (a) of the basic regulation. Article 18, paragraph 3, of the law on support for rural development, o) law on private wastewater disposal at Sejerø and other small islands and in areas with scattered settlements and rules issued pursuant to the law and the law on the environmental approval, etc., p) of livestock farming.

4) the social sector, as regards municipal functions of the Administrative Board after a) § 10, paragraph 4, article 11, paragraph 3, sections 12, 32, 36, 41, 42, 45, 97, 98, 100-104, 107-110, 112-114, 116, 124-136 and 141, section 142, paragraph 5, section 144 and section 149 of the law on social service and (b)) § 16 of the law on legal security and administration in the social field, as regards municipal functions of the Administrative Board in accordance with point (a) and 5) special education area, as regards municipal functions of the Administrative Board after a) § 3, paragraph 2, section 4, article 20, paragraphs 2 and 5, § 21 (1) and (2) of the basic regulation. Article 20, paragraph 3, article 22, paragraph 1, of the basic regulation. Article 20, paragraph 2, and section 22, paragraph 2, of the basic regulation. Article 20, paragraph 3, of the Act on the Folkeskole and rules issued thereunder, as regards the teaching of special schools and special classes, and article 12, paragraph 2, of the Act on the Folkeskole and rules issued thereunder, as regards pedagogic-psychological counselling, and (b)) the Act on special education for adults and rules issued thereunder.

§ 2. Economy-and the Minister of the Interior shall designate the groups of municipalities if local councils shall cooperate in accordance with the provisions of this law, and shall be appointed by the Municipal Council, that within each of the designated groups of municipalities are authorized to carry out the exercise of the tasks of each of the § 1, paragraph 2, no. 1-5, mentioned task areas on behalf of all municipal councils in the Group of municipalities. The performance of the tasks shall not be undertaken by the delegating municipal councils.

(2). Economy-and the Minister of the Interior shall draw up, no later than the 1. July 2005 a list of those referred to in paragraph 1 groups of municipalities and of the referred to in paragraph 1, the authorised municipal councils.

(3). For the designation of groups of municipalities in accordance with paragraph 1 shall endeavour, to the population and geographical forms an adequate basis for the conduct of the municipal tasks, as cooperation shall include, subject to paragraph 2. section 1, paragraph 2.

(4). For the designation of groups of municipalities in accordance with paragraph 1 and by the designation referred to in paragraph 1, the authorised municipal councils shall take into account the local boards would to conclude binding municipal cooperate pursuant to the provisions of this law and wishes for the contents of the authorisations.

(5). For the designation of groups of municipalities in accordance with paragraph 1 must take particular account of the fact that the Municipal Council of a municipality that forms an island, wants to cooperate in accordance with this law. There must also be special attention to municipal councils in the municipalities that make up an island and who wants to be part of a municipality, which comprises only the municipalities of aggregation on the island, wants to cooperate in accordance with this law.

§ 3. Where a decision taken in accordance with the rules referred to in article 1, paragraph 2, in accordance with the law shall be taken by the Municipal Council in a meeting, the decision shall be taken by the delegating Municipal Council in a meeting.

§ 4. The delegating local governments pay the authorised municipal board cost of performance of the tasks covered by the authorisation.

(2). Economy-and the Interior Minister may lay down detailed rules on the calculation and payment of the costs referred to in paragraph 1.

Complaint



§ 5. Decisions taken under the authority under section 2, paragraph 1, may not be appealed to the delegating Municipal Council.

(2). Complaint against decisions taken under the authority under section 2, paragraph 1, may be brought before the competent appeal body in relation to the delegating Municipal Board decisions.

Reversal



§ 6. The delegating Municipal Council in a meeting can change the decisions taken under the authority under section 2, paragraph 1, in so far as the Municipal Council according to the law, would be able to change the decision, provided that this was taken by a Committee or the administration of the delegating municipality. The Municipal Council may not adjudicate in accordance with the law, can the body in the delegating municipality, which under the law of Municipal Board's place to decide on the matter, under similar conditions to change the decision.

Exchange of information, etc.



§ 7. A Municipal Council, which is authorized under section 2, paragraph 1, for the use of Municipal Board's exercise of a task covered by the authorisation granted to demand answers from the delegating Municipal Council the information necessary for the performance of the task.

(2). A delegating Municipal Council can, in so far as it is necessary, for the use of Municipal Board's accomplishing a task request from the authorised Municipal Council information, which is accessed as a result of this authorization.

(3). In a case raised by the application, the designated Municipal Council and the delegating Municipal Council without the applicant's consent to exchange information in accordance with paragraphs 1 and 2 regarding the applicant's purely private relationship, provided that the information, if the authorised Municipal Council had handled all the delegating Municipal Board tasks should not be obtained from another part of the Administration in the designated municipality.

(4). A Municipal Council, which is authorized under section 2, paragraph 1, for the use of Municipal Board's exercise of a task covered by the authorisation granted, obtain the same information from other government agencies and from private, which according to the law, could be obtained by the delegating Municipal Council, if this had taken care of the task.

(5). When working documents in accordance with the law on open Government and administration are internal, communicated pursuant to paragraphs 1-3, lose documents are not as a result of the transfer of their internal character. The same applies to internal environmental information covered by the law on public access to environmental information.

Staff



§ 8. A municipal board that for one of the in section 1, paragraph 2, no. 1-5, mentioned the task areas are empowered under section 2, paragraph 1, takes over the 1. January 2007 the employees exclusively or even predominantly engaged in the performance of tasks in the task area.


(2). Each delegating Municipal Council respectively, each aggregation selection for a delegating municipality created the 1. January 2007, and the authorised Municipal Council Committee for an authorised amalgamation respectively municipality created the 1. January 2007, on the basis of a draft prepared by the delegating Municipal Council Committee for such aggregation respectively municipality negotiate in order as soon as possible and by 15 February. July 2006 to reach an agreement about which employees to be transferred in accordance with paragraph 1. Such an agreement is not reached before the 15th. July 2006, or declares the delegating or the authorised Municipal Council respectively aggregation Committee for one of these municipalities negotiations ended without result, shall take part, without prejudice to article delingsråd. Chapter 4 of the Act on certain procedural issues in the context of local government reform, before the 15th. August 2006 decision on which employees are to be transferred in accordance with paragraph 1. Draft agreement and agreement respectively, sharing rådsbeslutning after 1. and 2. item shall also include the distribution of pension obligation relating to civil servants and other employees subject to section 10, paragraph 2.

(3). § 8, paragraph 3, article 9, paragraph 2, article 10, paragraph 3, article 13, paragraphs 4 and 5, sections 14, 15 and 16 as well as Chapter 4 of the Act on certain procedural issues in the context of local government reform shall apply mutatis mutandis for the allocation in accordance with paragraph 2 of the staff and the pension obligation relating to civil servants and other employees subject to section 10, paragraph 2. Rules laid down pursuant to Chapter 4 of the Act on certain procedural issues in the context of local government reform shall apply mutatis mutandis for the allocation in accordance with paragraph 2 of the staff and the pension obligation relating to civil servants and other employees subject to section 10, paragraph 2, unless the economy and the Minister of the Interior decides otherwise.

(4). Economy-and the Minister of the Interior may after negotiations with Finance Minister lay down detailed rules for the allocation in accordance with paragraphs 1 and 2 of the employees and of the pension obligation relating to civil servants and other employees subject to section 10, paragraph 2.

§ 9. The rights and duties arising from the law on the legal status of workers by mergers and acquisitions, shall apply by analogy to staff employed under the collective agreement provisions on wages and working conditions laid down or approved by the public authority, or individual agreement, and as a result of an authorization under section 2, paragraph 1, shall be transferred to the designated municipality, and which are not covered by the law on the legal status of workers by mergers and acquisitions.

§ 10. Officials, who, as a result of an authorization under section 2, paragraph 1, shall be transferred to the designated municipality, released for recruitment under the new appointing authority on terms which, moreover, corresponds to the existing conditions.

(2). Officials covered by paragraph 1 are given at retirement from this hiring paid the total civil service pension of the new appointing authority. The same applies to other employees who, as a result of an authorization under section 2, paragraph 1, shall be transferred to the designated municipality, and which has a pension scheme which essentially provides the same rights as well as invalidity schemes.

Special provisions



§ 11. Economy-and the Interior Minister can order groups of municipalities appointed pursuant to section 2, paragraph 1, in respect of which special circumstances prevail, derogate from the rules laid down in this law.

(2). Economy-and the Interior Minister can order groups of municipalities appointed pursuant to section 2, paragraph 1, in respect of which special circumstances prevail, after negotiation with the concerned minister may depart from the rules in other legislation relating to in § 1, paragraph 2, referred to task areas.

§ 11 a. Economic Affairs and Minister of the Interior may, in accordance with the application made by municipal councils, which are part of a group of municipalities appointed pursuant to section 2, paragraph 1, and after negotiation with the concerned minister allow the applicant the municipal boards of cooperation after this law includes other municipal duties other than those referred to in article 1, paragraph 2. Economy-and the Minister of the Interior shall appoint, the Municipal Council is responsible for the performance of tasks on behalf of the person or other municipal councils.

(2). Economy-and the Minister of the Interior may, in accordance with the application made by municipal councils, which are part of a group of municipalities appointed pursuant to section 2, paragraph 1, and after negotiation with the concerned minister allow cooperation after this law does not include the tasks referred to in article 1, paragraph 2.

(3). Economy-and the Minister of the Interior may, in accordance with the involvement of municipal councils in the affected municipalities determine conditions for authorisations referred to in paragraphs 1 and 2, including those relating to entry into force and termination of the distribution of tasks arising from the permissions of the publication thereof, on the transfer of employees between the municipalities as a result of the entry into force and termination of such a division of tasks and on the transferred employee rights in connection therewith.

§ 12. section 14, paragraph 1, article 15, paragraph 1, and section 44 of the Act on responsibility for and management of active employment efforts does not apply to municipal councils, on behalf of which a second Municipal Council under the authority under section 2, paragraph 1, shall assume the exercise of the tasks pursuant to section 1, paragraph 2, no. 1. the provisions in paragraph 2. The local employment councils, as the Municipal Council in the Group of municipalities that pursuant to section 2, paragraph 1, are authorized to carry out tasks pursuant to section 1, paragraph 2, no. 1, on behalf of all municipal councils in the group, decreases under section 44 of the Act on responsibility for and management of active employment efforts, consists of the following members appointed by the designated Municipal Council: 1) 1 member of each of the delegating municipal councils in the Group of municipalities appointed pursuant to section 2, paragraph 1, on the recommendation of the relevant municipal Council, 2) up to 3 members on the recommendation of the Danish employers ' Confederation , 3) up to 3 members on the recommendation of the National Organisation in Denmark, 4) 1 member on the recommendation of the salaried employees and civil servants ' Permanent Joint Council, 5) 1 member on the recommendation of the academic Central Organization, 6) up to 2 members on the recommendation of the Council of organisations of disabled people, 7) 1 member Practitioners on the recommendation of the Organization in their capacity as representatives of industry practitioners, 8) 1 member on the recommendation of the local integration councils where such a set up, in the Group of municipalities appointed pursuant to section 2, paragraph 1, of the Association and 9) up to 2 members from relevant local associations upon the recommendation of the other members of the Council of the Association.

(3). The Mayor of the municipality in the Group of municipalities that pursuant to section 2, paragraph 1, on behalf of all municipal councils in the group are authorized to carry out tasks pursuant to section 1, paragraph 2, no. 1, the President-in-Office of the Council. Employment efforts undertaken in a municipality authorized by a Standing Committee, the Mayor can decide that the Chairman of the Standing Committee is the President-in-Office of the Council. The Chairman's alternate is respectively viceborgmesteren and Vice-President of the Standing Committee. The President's term of Office following the municipal elections period.

(4). The Municipal Council in the Group of municipalities that pursuant to section 2, paragraph 1, are authorized to carry out tasks pursuant to section 1, paragraph 2, no. 1, on behalf of all municipal councils in the group, shall fulfil the Secretariat assistance of the local employment councils referred to in paragraph 2 and shall make it in section 50 (1) and (2) of the law on responsibility for and management of active employment efforts that decision on members ' remuneration.

(5). Municipal Councils in the Group of municipalities appointed pursuant to section 2, paragraph 1, pay the costs of the local employment referred to in paragraph 2, the Council's activities. The municipal costs are distributed between the municipalities in relation to the economy and the Minister of the Interior announced the printing of the basis for the municipalities for that income year, see. section 7 of the law on municipal income tax.

§ 13. § 5 (2) of the Act do not apply in respect of the article 1, paragraph 2, no. 1, mentioned tasks, for a Municipal Council that pursuant to section 2, paragraph 1, is authorised to on behalf of all municipal councils in a group of municipalities to carry out the exercise of the tasks pursuant to section 1, paragraph 2, no. 1. section 14. Cooperation after this law does not include municipal functions of the Administrative Board in accordance with section 1, paragraph 2, no. 3 (a) to (c), to the extent that a Municipal Council in a group of municipalities appointed pursuant to section 2, paragraph 1 of this article, participating in a municipal community, see. section 60 of the Act on municipalities ' authority to that effect.

Entry into force, etc.



§ 15. The law shall enter into force on the day after publication in the Official Gazette, however, in breach of section 1, paragraph 2, in force on 1 January. January 2007.

(2). Cases of municipal functions of the Administrative Board in accordance with the rules referred to in article 1, paragraph 2, which is pending the 1. January 2007, surpassing, in so far as this follows from sections 2 and 3, for the treatment of the Municipal Council, under section 2, paragraph 1, are authorized to carry out the exercise of tasks.

§ 16. The law does not apply to the Faroe Islands and Greenland.

Act No. 294 of 11. April 2011, if section 3 amends section 1, paragraph 2, no. 3, subparagraph (e) provides, inter alia, the following entry-into-force provision:

§ 5 paragraph 1. The law will enter into force on 14. June 2011, see. However, paragraph 2.

(2). (Omitted).

(3). (Omitted).

Act No. 587 of 18. June 2012, if § 1 section 11 (a) Insert, includes the following entry-into-force provision:

§ 3 the law shall enter into force on the 1. July 2012.

Act No. 492 of 21. may 2013, if clause 4 amends section 1, paragraph 2, no. 3 (o) and repeals article 1, paragraph 2, no. 3 (p), includes the following entry-into-force provision:

§ 5


(1). The law shall enter into force on the 1. June 2013.

(2). (Omitted).

Economy and the Ministry of the Interior, the 8. August 2013 P.M.V. His B. T Official notes 1) § 10 of lov nr. 639 of 12. June 2013 is amended as follows with entry into force 1. January 2014:1. section 7, paragraph 5, shall be replaced by the following: ' (5). When internal environmental information covered by the law on public access to environmental information disclosed pursuant to paragraph 1-3, lose the information not as a result of the transfer of their internal nature. '

2) By section 4 of Act No. 651 of 12. June 2013 is amended as follows with entry into force 1. January 2014:1. In section 1, paragraph 2, no. 2 (c), the words ' the ' to: ' section 16 section 16 (1) '.

2. In article 1, paragraph 2, no. 4 (a), the words ' section 11, paragraph 3 ' to: ' section 11 (4) '.

3. In article 1, paragraph 2, no. 4 (a), the words ' and 141, section 142, paragraph 5, section 144 and section 149 ' to: ', 141 and 148 (a) '.

4. In article 1, paragraph 2, no. 4 (b), the words ' the ' to: ' section 16 section 16 (1) '.

3) By section 8 of Act No. 895 by 4. July 2013 is amended as follows with entry into force 1. January 2014:1. In section 1, paragraph 2, no. 1, point (a), the words ' section 13, paragraph 2-5 ' to: ' section 13, paragraph 2-4 '.