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Order No. 2014 - 1543 19 December 2014 With Various Measures Relating To The Creation Of The Metropolitan Area Of Lyon

Original Language Title: Ordonnance n° 2014-1543 du 19 décembre 2014 portant diverses mesures relatives à la création de la métropole de Lyon

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Summary

Application of the Constitution, in particular its article 38; Act No. 2014-58 of 27 January 2014 on the modernization of territorial public action and the affirmation of metropolises, in particular its article 39.
Amendment of the Law of Guidance No. 92-125 of 6 February 1992 amended on the territorial administration of the Republic: amendment of Article 4. Amendment of Act No. 90-449 of 31 May 1990 amended to implement the right to housing: amendment of sections 2, 5, 6, 6-1, 6-2, 7-1, 2. Amendment of Act No. 89-462 of 6 July 1989 to improve rental reports and amending Act No. 86-1290 of 23 December 1986: amendment of Article 24. Amendment of Act No. 84-53 of 26 January 1984 on statutory provisions relating to the territorial civil service: amendment of articles 110, 136. Amendment of Act No. 2000-614 of 5 July 2000 amended on the reception and habitat of travellers: amendment of section 1. Amendment of the general code of territorial authorities, the code of social action and families, the code of road, the code of internal security, the code of road traffic, the code of sport, the code of the environment, the code of transport, the code of construction and housing, the code of urban planning. Ratification of this Order by Act No. 2015-382 of 3 April 2015 ratifying Order No. 2014-1543 of 19 December 2014 on various measures relating to the creation of the metropolis of Lyon.

Keywords

DECENTRALIZATION , ARTICLE 38 , CODE OF TERRITORAL COLLECTIONS , CGCT , CODE OF SOCIAL ACTION AND FAMILY , CASF , CODE OF THE ROAD , CODE OF THE SECURITY , D'INCENDIE ET DE SECOURS , SUBSTITUTION , RHONE , DEPARTEMENT , COMMUNE , COMMUNAUTE URBAINE DE LYON , CONSEIL DE LA METROPOLE , SERVICE DEPARTEMENTAL INACENDIA AND RHONE SECOURS , PERSONNEL , TRANSPORT , ENVIRONMENT , NATURAL SPORT , CIRCULATION AND STATION POLICE , DOMAINE PUBLIC ROUTIER , HABITAT , POUVOIR DE POLICE , SERVICE DRAFT RHONE DEPARTMENT AND LYON METROPOLICY, TOURISM OFFICE, COMMISSION DEPARTEMENTALE-METROPOLITAINE OF INTERCOMMUNAL COOPERATION, EDUCATION, PUBLIC OFFICE OF HABITAT , DENOMINATION , OPH DE LA METROON

Legislative records




JORF n°0294 of 20 December 2014 page 21574
text No. 60



Order No. 2014-1543 of 19 December 2014 concerning the creation of the metropolis of Lyon

NOR: RDFX1426430R ELI: https://www.legifrance.gouv.fr/eli/ordre/2014/12/19/RDFX1426430R/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/ordre/2014/12/19/2014-1543/jo/texte


President of the Republic,
On the report of the Prime Minister and the Minister of Decentralization and Public Service,
Having regard to the Constitution, including article 38;
Vu le code of social action and families ;
Vu le general code of territorial authorities ;
Vu le building and housing code ;
Vu le education code ;
Vu le environmental code ;
Vu le Heritage Code ;
Vu le Code of Criminal Procedure ;
Vu le road code ;
Vu le Internal Security Code ;
Vu le Sport code ;
Vu le Tourism code ;
Vu le Transport code ;
Vu le urban planning code ;
Vu le road traffic code ;
Vu la Act No. 84-53 of 26 January 1984 amended with statutory provisions relating to the territorial public service;
Vu la Act No. 89-462 of 6 July 1989 amended to improve rental reports and to amend Act No. 86-1290 of 23 December 1986 ;
Vu la Act No. 90-449 of 31 May 1990 amended to implement the right to housing;
Vu la Orientation Act No. 92-125 of 6 February 1992 amended on the territorial administration of the Republic;
Vu la Act No. 2000-614 of 5 July 2000 modified for the reception and habitat of travellers;
Vu la Act No. 2014-58 of 27 January 2014 modernizing territorial public action and affirming metropolitan areas, including articles 26 to 39;
Vu la Act No. 2014-366 of 24 March 2014 for access to housing and renovated urban planning;
Considering the opinion of the Superior Council of the Territorial Public Service of 12 November 2014;
Considering the advice of the National Standards Assessment Board dated 4 December 2014;
Considering the opinion of the National Fire and Emergency Services Conference of 8 December 2014;
Vu le Administrative Justice Codeincluding its article R. 123-20;
The Council of State heard;
The Council of Ministers heard,
Order:

  • Part I: OF THE ORGANIZATION OF THE STATE SERVICES IN THE DEPARTMENT OF THE ROLE AND THE SIÈGE OF LYON MÉTROPOLE Article 1 Learn more about this article...


    Section 4 of the above-mentioned Act of 6 February 1992 is supplemented by a paragraph to read:
    "The evolution of the boundaries of the territorial authorities is without impact on the administrative districts of the State. »

    Article 2 Learn more about this article...


    The general code of territorial authorities is amended as follows:
    1° Section L. 3621-2 is repealed;
    2° In Article L. 3621-4, the words: "the chief court" are replaced by the words: "the commune where the council sits";
    3° The first sentence of Article L. 3631-2 is replaced by the following provisions:
    "The city council sits in Lyon. » ;
    4° In the eighth and last paragraphs of Article L. 3642-2 and in the seventh and last paragraphs of Article L. 3642-3, after the words: "representative of the State", the words: "the metropolis" are replaced by the words: "the department".

  • Part II: LYON METHODS AND OTHER TERRITORAL COLLECTIVITIES OF THE DEPARTMENT
    • Chapter I: General provisions Article 3 Learn more about this article...


      Section L. 3611-3 of the General Code of Territorial Communities is replaced by the following:


      "Art. L. 3611-3.-The metropolis of Lyon is freely administered under the conditions set out in this book and by the provisions not contrary to the first part of this code, titles II, III and IV of Book I and Books II and III of Part III, and the legislation in force relating to the department.
      "For the application to the metropolis of Lyon of the provisions of the previous paragraph:
      « 1° The reference to the department is replaced by the reference to the metropolis of Lyon;
      « 2° The reference to the general council is replaced by the reference to the council of the metropolis;
      « 3° The reference to the President of the General Council is replaced by the reference to the President of the Metropolis Council.


      "Art. L. 3611-4.-For the exercise of its competence, the metropolis of Lyon has the same rights and is subject to the same obligations as the public institutions of intercommunal cooperation with clean taxation.
      "For the exercise of its skills, the president of the city council has the same rights and is subject to the same obligations as the presidents of public institutions of intercommunal cooperation with clean taxation.
      "In addition, unless otherwise provided, the metropolis of Lyon and its president have the prerogatives assigned directly by law to the public institutions of inter-communal cooperation with specific taxation and to the presidents of these institutions.
      "The metropolis of Lyon is eligible for the same aids, subsidies and support arrangements as public institutions of inter-communal cooperation with clean taxation.


      "Art. L. 3611-5.-The groupings of territorial authorities and the joint unions provided for in Article L. 5721-2, of which the metropolis of Lyon is a member, have the same rights and are subject to the same obligations as the groupings of communities and the mixed unions composed in whole or in part of public institutions of intercommunal cooperation with specific taxation or departments.
      "They are also eligible for the same aids, subsidies and support arrangements as community groups and mixed unions composed in whole or in part of public institutions of inter-communal cooperation to clean taxation or departments. »

      Article 4 Learn more about this article...


      The metropolis of Lyon is substituted for the urban community of Lyon, the municipalities and the department of the Rhone in all the administrative and judicial procedures that are under way on the date of its creation, as well as in all their rights and obligations, and in all the proceedings and acts that fall within its jurisdiction.
      Under the same conditions, the metropolis of Lyon is substituted for the urban community of Lyon, the municipalities and the department of the Rhone in all contracts under way on the date of its creation. Contracts shall be carried out under the preceding conditions until their expiry, unless otherwise agreed by the parties. Co-contractors are informed of the substitution of a legal entity by the city council. The substitution of a legal entity to the previously concluded contracts does not entail any right to termination or compensation for the contracting party.

      Article 5 Learn more about this article...


      The fifth paragraph of section L. 3641-8 of the General Code of Territorial Communities is replaced by the following:
      "The metropolis of Lyon and the department of the Rhone are members of the law of the joint unions to which the department of the Rhone belongs on December 31, 2014 when these unions are competent in their respective territory. They are also members of the law of the joint unions that manage port or airport equipment. »

      Article 6 Learn more about this article...


      Article L. 3631-5 of the same code is supplemented by two paragraphs as follows:
      "The council of the metropolis proceeds to the election of the members of the permanent commission other than the president and the vice-presidents by majority uninominal vote. If, after two ballots, no candidate obtained an absolute majority, a third ballot was taken and the election was held by a relative majority. In the event of equal suffrage, the election is acquired to the oldest.
      "When, in the event of a vacancy, the replacement of a seat of a member of the permanent commission other than the Chairperson, the provisions of the preceding two paragraphs shall be applied to the limit of the number of seats to be filled. »

      Article 7 Learn more about this article...


      Article L. 228-4 of the Code of Social Action and Families is thus written:


      "Art. L. 228-4.-Subject to the provisions of the second paragraph of this article, the child welfare benefits referred to in chapter II of this title shall be borne by the department which has granted admission to the child welfare service.
      "The expenses referred to in Article L. 228-3 shall be borne by the department of the jurisdiction of the court which pronounced the measure in the first instance, notwithstanding any appeal against the relevant decisions, under the following conditions:
      « 1° The expenses mentioned in the 2nd of Article L. 228-3 are borne by the department to which the minor is entrusted by the judicial authority;
      « 2° The other expenses referred to in article L. 228-3 resulting from first-instance measures by the judicial authority are borne by the department on whose territory the minor is domiciled or on whose territory his residence has been fixed.
      "When, during the execution of the measure, the court decides to withdraw from the case for the benefit of another jurisdiction, it shall bring this decision to the attention of the presidents of the general councils concerned. The department of the jurisdiction of the court now seized shall charge the costs of the execution of the measure under the conditions laid down in the second paragraph of this article.
      "The department responsible for the financial management of a measure, pursuant to the second and third paragraphs above, provides the measure according to the tariff in place in the department where the child is placed. »

    • Chapter II: Specific provisions for missions and staff of the metropolis of Lyon
      • Section 1: Traffic and Parking Police and Public Road Area of the Metropolitan of Lyon Article 8 Learn more about this article...


        Section L. 3642-2 of the same code is amended as follows:
        1° In the first sentence of 5 of I, the reference: "L. 2213-2" is inserted after the reference: "L. 2213-1";
        2° In III, the words: "or ofArticle L. 511-1 of the Internal Security Code are inserted after the reference: "L. 3642-3";
        3° In IV, the words "planned to 5 of I" are replaced by the words "planned to I".

        Article 9 Learn more about this article...


        The provisions of Article L. 3651-2 of the General Code of Territorial Communities are replaced by the following:


        "Art. L. 3651-2.-The roads classified in the public domain of the urban community of Lyon and in the public domain of the department of the Rhone located in the territory of the metropolis of Lyon, as well as their outbuildings and accessories, are transferred in full ownership to the metropolis of Lyon on the day of its creation. The same is true of the road infrastructure being carried out by the urban community of Lyon and the department of the Rhone on the date of this transfer.
        "These transfers are made free of charge and do not give rise to the contribution provided for in section 879 of the General Tax Code or to the collection of taxes, duties or taxes of any kind.
        "They take transfer to the metropolis of Lyon of the corresponding bonds, rights and obligations, as well as the classification of the roads transferred to the metropolitan area. The possible status of express road or road to high traffic of the transferred roads is retained.
        "The land acquired by the urban community of Lyon and the department of the Rhone for the development of the transferred roads is transferred to the metropolis of Lyon.
        "The transfer takes full up-to-date urban planning documents affected by the transfer.
        "The president of the council of the urban community of Lyon and the president of the general council of the Rhone communicate to the representative of the state in the region and to the president of the council of the metropolis of Lyon all the information they have on their public road domain. »

        Article 10 Learn more about this article...


        The road code is modified as follows:
        1° After Article L. 411-3, an article L. 411-3-1 is inserted as follows:


        "Art. L. 411-3-1.-In the metropolis of Lyon, the rules relating to the police powers of road traffic of the president of the metropolis council and the police powers of the parking of the mayors are set to the 5° of Article L. 3642-2 of the General Code of Territorial Communities.


        2° After the first paragraph of Article L. 411-7, it is inserted a paragraph as follows:
        "For the application of the previous paragraph on the territory of the metropolis of Lyon, the authority to which it is referred is that vested in the police power of traffic. »

        Article 11 Learn more about this article...


        Section 1 of Chapter I of Title III of Book I of the Internal Security Code is amended as follows:
        1° The first sentence of Article L. 131-1 is supplemented by the following provisions: "and in the metropolis of Lyon the provisions of Article L. 3642-2 of the same code";
        2° An article L. 131-2-1 is added as follows:


        "Art. L. 131-2-1.-In the metropolis of Lyon, the president of the council of the metropolis exercises the police powers mentioned in theArticle L. 3642-2 of the General Code of Territorial Communities. »

        Article 12 Learn more about this article...


        After the 5th of the article L. 116-2 of the road traffic code, a paragraph is inserted as follows:
        « 6° On the tracks of the metropolis of Lyon, the agents of the metropolis commissioned and sworn to this effect. »

        Article 13 Learn more about this article...


        The right to the metropolis of Lyon, by the department of the Rhone, of the goods and rights mentioned in the first paragraph of Article L. 3651-1 of the General Code of Territorial Communities is found by a contradictory record between representatives of both communities.
        The minutes referred to in the previous paragraph specify, with respect to real estate property and rights, address, potential cadastral references, summary description, legal situation, actual or estimated area and allocation of them. All documents and information in possession of the department of the Rhone and useful for the management and operation of goods by the metropolis of Lyon are handed over by the department of the Rhone to the latter.
        Transfers of ownership between the department of the Rhone and the metropolis of Lyon in application of second paragraph of Article L. 3651-1 of the General Code of Territorial Communities are found:
        1° With regard to the property and rights of a movable character, by a convention between the department of the Rhone and the metropolis of Lyon, without the need to carry out technical checks or prior diagnosis;
        2° With regard to real estate properties and rights, a real estate agreement concluded between the department of Rhône and the metropolis of Lyon.
        Based on the real estate agreement referred to in the previous paragraph, territorially competent land advertising services are updating the real estate file.
        For the purposes of these updates, the agreement is established in as many original copies as land advertising services to intervene and includes:
        1° The precise designation of the parties and their representatives, with, where appropriate, a copy of the delegations of authority or signature under which the signatories act;
        2° A mention recalling that in application of theArticle L. 3651-1 of the General Code of Territorial Communities the property and real estate rights in question, made available to the metropolis of Lyon by the department of the Rhone on the day of the creation of the latter, are transferred free of charge, in the state where they are located, and that the metropolis of Lyon has perfectly known both of this state and of the rights and obligations associated with it;
        3° For each property or real estate whose property is thus transferred, an individual record mentioning its address, its possible cadastral references, its summary description, if any the number of condominium lots, the reminder of its legal situation, its actual or estimated surface, its assignment and, if the department of the Rhone holds the corresponding information, the identity of the property advertising service having published the notice of the act by sending it to property, accompanied
        The individual forms mentioned in the preceding paragraph are annexed to the agreement and grouped between them according to the jurisdictions of the land advertising services.

      • Section 2: Habitat Skills and Police Powers Article 14 Learn more about this article...


        I.-In the above-mentioned Act of 31 May 1990, the words "departmental plan" are replaced by the words "local plan" to:
        1° First paragraph of Article 2;
        2° First sentence of I and II and last paragraph of Article 4;
        3rd and last paragraphs of Article 5;
        4° First sentence of the seventh paragraph of Article 6;
        5° Second sentence of the first paragraph of Article 6-1;
        6° Second sentence of the first paragraph of Article 6-2;
        7° Second paragraph of Article 7-1.
        II.-In the same law, the words "departmental plans" are replaced by the words "local plans" to:
        1° Title of Chapter I;
        2° Last paragraph of Article 2.
        III.-The words: "Departmental Action Plan for the Housing and Accommodation of Deprived Persons" are replaced by the words: "Local Action Plan for the Housing and Accommodation of Deprived Persons" to:
        First paragraph of Article L. 312-5-3 of the Code of Social Action and Families ;
        Construction and Housing Codeat:
        (a) Second sentence of the first paragraph of Article L. 111-6-1-1;
        (b) Second sentence of the fourth paragraph of Article L. 301-3;
        (c) First sentence of the second paragraph of Article L. 301-5-2;
        (d) Fourth paragraph of Article L. 302-1;
        (e) Third sentence of the first paragraph of Article L. 303-1;
        (f) 12°, 13° and 14° of Article L. 421-1;
        (g) Twelfth, thirteenth and fourteenth paragraphs of Article L. 422-2;
        (h) 6° ter, 6° quater and 6° quinquies of Article L. 422-3;
        (i) Fifteenth paragraph of Article L. 441-1;
        (j) Third and fifth paragraphs of Article L. 441-1-1;
        (k) Second and final paragraphs of Article L. 441-1-2;
        (l) Article L. 441-1-4;
        (m) Eleventh, twenty-eighth and thirty-third paragraphs of Article L. 441-2-3;
        (n) First and fourth paragraphs of Article L. 442-8-1-1;
        (o) First paragraph of Article L. 634-1;
        (p) First paragraph of Article L. 635-1;
        (q) Article L. 635-10;
        Fifth and seventh paragraphs of Article 24 of Act No. 89-462 of 6 July 1989 to improve rental reports and to amend Act No. 86-1290 of 23 December 1986.
        IV.-In the ninth paragraph of Article L. 301-5-1 of the Construction and Housing Code, the words: "Departmental Action Plans for the Housing and Accommodation of Deprived Persons" are replaced by the words: "Local Action Plans for the Housing and Accommodation of Deprived Persons".
        V.-In the fifth paragraph of Article L. 443-7 of the Construction and Housing Code, the words: "Grand Lyon metropolis" are replaced by the words: "London metropolis".

        Article 15 Learn more about this article...


        The title V of Book VI of Part III of the General Code of Territorial Communities is thus amended:
        1° In the first paragraph of Article L. 3651-1, after the references: "L. 3641-1 and L. 3641-2" are added the words: "as well as for the exercise of the powers referred to in Article L. 3642-2 9";
        2° In II of Article L. 3651-3, after the words: "Article L. 3641-1" are added the words: "and powers referred to in 9 of Article L. 3642-2".

      • Section 3: Environment and nature sports Article 16 Learn more about this article...


        I.-Chapter I of title I of Book III of the Sport Code is supplemented by an article L. 311-7 as follows:


        "Art. L. 311-7.-The department of the Rhone and the metropolis of Lyon are jointly developing a departmental-metropolitan plan for areas, sites and routes relating to nature sports under the conditions provided for in article L. 311-3. »


        II.-Chapter I of title VI of Book III of the Environmental Code is supplemented by an article L. 361-3 as follows:


        "Art. L. 361-3.-The department of the Rhone and the metropolis of Lyon jointly establish a departmental-metropolitan plan of walking and hiking routes as well as motorized hiking routes, under the conditions provided for in articles L. 361-1 and L. 361-2.
        "The responsibilities and responsibilities of the departmental plan for hiking and hiking routes are the responsibility of each community for its territory. »

        Article 17 Learn more about this article...


        By derogation from the rule that an open joint union targeted to theArticle L. 5721-2 of the General Code of Territorial Communities may not join another joint union, public water development and management institutions referred to in II of Article L. 213-12 of the Environmental Code, of which the metropolis of Lyon is a member, may join territorial public watershed establishments referred to in I of the same article.

      • Section 4: Staff Article 18 Learn more about this article...


        The above-mentioned Act of 26 January 1984 is amended as follows:
        1° In the third paragraph of Article 110, after the words: "public administrative institutions", the words "and the metropolis of Lyon" are added;
        2° After the 3rd of Article 136, it is inserted a paragraph as follows:
        « 4° For agents of the metropolis of Lyon, to a municipality referred to in Article L. 2581-1 of the general code of territorial authorities or to a public institution attached to it or of which it is a member. »

        Article 19 Learn more about this article...


        In the seventh paragraph of Article L. 3651-3 of the General Code of Territorial Communities, after the words: "State officials" are inserted the words "hospitable".

      • Section 5: Transport Rule 20 Learn more about this article...


        The transport code is thus modified:
        1° In the first paragraph of the article L. 1231-1, after the word "groupings", the words ", the metropolis of Lyon" are inserted;
        2° Section L. 1231-7 is supplemented by the following paragraph:
        "The provisions of this article apply to the metropolis of Lyon. »

        Article 21 Learn more about this article...


        The union charged under theArticle L. 1231-10 of the Transport Code, to coordinate, organize and manage the urban public transport services of the metropolis of Lyon as well as the regular non-urban public transport services of the department of the Rhone substitutes, as the organizing authority of the transports, as of January 1, 2015, to the other existing joint trade unions, competent for such transport in the department of the Rhone and the agglomeration of the Lyon, in all of their contracts,
        The statutes of this mixed union are fixed by decree of the representative of the State in the region, on the concordant deliberations of the trade unions to which it replaces.

    • Chapter III: Public institutions, services, bodies and organizations of which the metropolis of Lyon is a member
      • Section 1: General provisions Article 22 Learn more about this article...


        It is added to the single chapter of title I of Book VI of Part III of the General Code of Territorial Communities, in its drafting pursuant to Article 3 of this Order, an article L. 3611-6 as follows:


        "Art. L. 3611-6.-The metropolis of Lyon is represented in all public institutions, bodies, commissions and bodies in which the departments are represented by law, if any after adjusting the rules governing their composition, operation and financing.
        "As part of its expertise, the metropolis of Lyon is represented in all public institutions, bodies, commissions and agencies in which municipalities and public institutions of inter-communal cooperation with clean taxation are represented by law, if any after adjusting the rules governing their composition, operation and financing.
        "The councillors of the metropolis of Lyon can represent the college of departments or that of public institutions of intercommunal cooperation in instances where representatives of the local authorities or their groupings sit. »

      • Section 2: Specific provisions
        • Section 1: Departmental-Metropolitan Fire and Emergency Service Article 23 Learn more about this article...


          I. - Departmental-Metropolitan Fire and Emergency ServiceArticle L. 1424-69 of the General Code of Territorial Communities is substituted for the departmental fire and rescue service of the Rhone in all its rights and obligations.
          II. - The Board of Directors of the Departmental Fire and Emergency Service of the Rhone deliberates no later than 15 March 2015 on the number and distribution of the seats of the future Board of Directors of the Departmental-Metropolitan Service who are arrested by the State Representative in the department no later than 31 March 2015.
          Members of the Board of Directors of the Departmental-Metropolitan Fire and Relief Service are elected no later than June 30, 2015 under the conditions set out in the Articles L. 1424-24-2 and L. 1424-24-3 the general code of territorial authorities. Until that date, the Board of Directors sits in the composition of the Board of Directors of the Departmental Fire and Emergency Service of the Rhone as of December 31, 2014.

        • Section 2: Habitat and urban planning Article 24 Learn more about this article...


          Article L. 366-1 of the Construction and Housing Code is supplemented by a paragraph as follows:
          "The association created in the department of the Rhone pursuant to the first paragraph is also competent in the territory of the metropolis of Lyon. It is called “Departmental-Metropolitan Housing Information Association”. »

          Rule 25 Learn more about this article...


          Article L. 121-6 of the urban planning code is supplemented by a paragraph as follows:
          "The commission established in the department of the Rhone pursuant to the first paragraph of this article is also competent in the territory of the metropolis of Lyon. It is called “Departmental-Metropolitan conciliation commission”. The municipal representatives of this commission are appointed by the mayors, the president of the metropolis of Lyon and the presidents of the competent public institutions in the area of urban planning of the department. This designation applies only from the first renewal of municipal councils following the creation of the metropolis of Lyon. »

          Rule 26 Learn more about this article...


          TheArticle 1 of the Act of 5 July 2000 referred to above is amended by the following provisions:
          1° After the eighth preambular paragraph, a sub-item reads as follows:
          "III bis.-The schema that applies to the territories of the department of the Rhone and the metropolis of Lyon is called "departmental-Metropolitan schema". It is prepared by the representative of the State in the department, the president of the General Council and the president of the council of the metropolis of Lyon according to the procedure provided for in the III of this article.
          "The schema developed prior to the creation of the metropolis of Lyon by the representative of the State in the department and the president of the General Council remains applicable until the approval of the schema mentioned in the preceding paragraph or at the latest until its revision";
          2° After the tenth preambular paragraph, a subparagraph shall read:
          "IV bis.-The advisory commission of the department of the Rhone is also competent in the territory of the metropolis of Lyon. It is called “Departmental-Metropolitan Advisory Commission”. It is chaired by the representative of the State in the department, the president of the general council of the Rhone and the president of the council of the metropolis of Lyon or by their representatives. »

        • Sub-Section 3: Archives Service du département du Rhône et de la métropole de Lyon Rule 27 Learn more about this article...


          Article L. 212-8 of the Heritage Code is supplemented by three paragraphs as follows:
          "The departmental archival service of the Rhone is a unified service within the meaning of Article I L. 5111-1-1 of the general code of territorial authorities, attached to the department of the Rhone.
          "Reimbursement of expenses under the fifth paragraph of Article L. 5111-1-1 is carried out on the basis of the population of the department of Rhône and the metropolis of Lyon.
          "For the application of the provisions of Book II of this Code to the department of the Rhone and to the metropolis of Lyon, the words: "Departmental archival service", "Department archives" and "Departmental archives" are replaced by the words: "Archives service of the department of the Rhone and the metropolis of Lyon". »

        • Sub-Section 4: Tourism Offices Rule 28 Learn more about this article...


          Title III of Book I of the Tourism Code is supplemented by a chapter V as follows:


          “Chapter V
          « The metropolis of Lyon


          "Art. L. 135-1.-The metropolis of Lyon exercises the skills mentioned in articles L. 132-1 to L. 132-6.


          "Art. L. 135-2.-The metropolis of Lyon can create one or more tourist offices in all or part of its territory.
          "The scopes of competence of each tourist office cannot be superimposed.
          "When the metropolitan council decides to establish a competent single tourism office throughout the metropolitan territory:


          "he takes the name of "metropolitan tourism office";
          "he replaces all pre-existing tourist offices and constitutes a departmental tourism committee within the meaning of Article L. 132-2;
          "the other tourist offices of tourist municipalities and classified tourist stations are transferred to the metropolis of Lyon and transformed into an information office mentioned in theArticle L. 133-3-1 of the Tourism Codeexcept when they become the seat of the office thus created. »

        • Section 5: Public institutions, public utility institutions, professional orders and associations Rule 29 Learn more about this article...


          The single chapter of title I of Book VI of Part III of the General Code of Territorial Communities in its drafting pursuant to Articles 3 and 22 of this Order is supplemented by an article L. 3611-7 as follows:


          "Art. L. 3611-7.-In the departmental district of the Rhone and unless otherwise provided, public institutions, public utility institutions, professional orders and associations whose existence is provided by law or by regulation at the department level are competent in all the territory of the department of the Rhone and the metropolis of Lyon. »

        • Sub-Section 6: Local Mixed Economy Corporations Rule 30 Learn more about this article...


          The second paragraph of Article L. 1521-1 of the General Code of Territorial Communities is amended as follows:
          1° After the words: "in the framework of a competence that it has fully transferred to a public institution of intercommunal cooperation" are inserted the words: "or that the law attributes to the metropolis of Lyon";
          2° After the words: " provided that it cedes to the public institution of intercommunal cooperation" are inserted the words "or to the metropolis of Lyon".

        • Sub-section 7: Departmental Commission for Intercommunal Cooperation Rule 31 Learn more about this article...


          I.-After the 5th of Article L. 5211-43 of the same code, it is inserted a paragraph as follows:
          “The departmental commission of inter-communal cooperation of the department of the Rhone is called “the departmental-metropolitan commission of inter-communal cooperation”. It includes, in addition to the total number of members designated under 1° to 5° and for 5% of this total, representatives of the council of the metropolis of Lyon, elected by it to the representation proportional to the highest average. »
          II.-Representatives of the Board of the Metropolitan of Lyon to serve on the departmental-metropolitan commission of intercommunal cooperation until the next renewal of the council of the metropolis following the promulgation of this order are designated before March 1, 2015.

        • Sub-section 8: Departmental Social Forums Rule 32 Learn more about this article...


          Chapter VI of title IV of Book I of the Code of Social Action and Families is thus amended:
          1° Section 1 is supplemented by article L. 146-2-1 as follows:


          "Art. L. 146-2-1.-The Advisory Departmental Council of the Rhone is also competent in the territory of the metropolis of Lyon under the conditions provided for in Article L. 146-2. It is called “Departmental-Metropolitan Advisory Council”.
          "For the purposes of the provisions of Article L. 146-2, he is informed of the activity of the Departmental-Metropolitan House of Persons with Disabilities as well as of the Departmental Programme of Professional Inclusion and of the schemes of equipment and accompaniment of persons with disabilities departmental and metropolitan. » ;
          2° Section 2 is supplemented by article L. 146-12-1 as follows:


          "Art. L. 146-12-1.-The departmental house for persons with disabilities created in the department of the Rhone is also competent in the territory of the metropolis of Lyon under the conditions provided for in this section, subject to the provisions of this article. It is called “Departmental-Metropolitan House of Persons with Disabilities”.
          "The guardianship of this group is exercised jointly with the metropolis of Lyon.
          "The metropolis of Lyon is a member of law.
          "His presidency is ensured, alternately every year, by the President of the General Council and the Chairman of the Board of the Metropolitan of Lyon.
          "The posts to be filled mentioned in the 1st of the article L. 146-4 are divided for half between representatives of the department and representatives of the metropolis of Lyon. They are designated respectively by the President of the General Council and the President of the Council of the Metropolitan of Lyon under conditions provided by decree.
          "The Director of the Departmental-Metropolitan House of Persons with Disabilities is appointed jointly by the President of the General Council and the Chairman of the Board of Metropolitan Lyon.
          "The multi-year agreement in the last paragraph of Article L. 146-4-2 refers to the amount of the competition paid by the Caisse nationale de solidarité pour l'autonomy to the general council of the Rhone and to the council of the metropolis of Lyon.
          “In the department of the Rhone, the departmental disability compensation fund is referred to as “the departmental-metropolitan disability compensation fund”. It is managed by the Departmental-Metropolitan House of Persons with Disabilities and covers the territories of the Rhône department and the metropolis of Lyon.
          "The department of the Rhone and the metropolis of Lyon can participate in the financing of this fund. »

          Rule 33 Learn more about this article...


          Chapter IX of Title IV of Book I of the same Code is supplemented by an article L. 149-2 as follows:


          "Art. L. 149-2.-The departmental committee of retirees and seniors of the department of the Rhone is also competent in the territory of the metropolis of Lyon. It is called “Departmental-Metropolitan Committee of Retirees and Older Persons”.
          "He is placed with the President of the General Council of the Rhone and the Chairman of the Board of the Metropolitan of Lyon.
          "His composition and the modalities of its operation are determined by joint deliberation of the general council and the city council. The members of the committee are appointed jointly by order of the President of the General Council of the Rhone and the Chairman of the Board of the Metropolitan of Lyon. »

          Rule 34 Learn more about this article...


          Chapter IV of title II of Book II of the same Code is supplemented by an article L. 224-3-1 as follows:


          "Art. L. 224-3-1.-The family council of the department of Rhône is also competent in the territory of the metropolis of Lyon. It is called “Departmental-Metropolitan family council”.
          "For the purposes of the provisions of the fourth paragraph of Article L. 224-2, it includes representatives of the General Council of the Rhone and the Council of the Metropolitan of Lyon. »

          Rule 35 Learn more about this article...


          Chapter I bis of title IV of Book II of the same code is supplemented by an article L. 241-12 as follows:


          "Art. L. 241-12.-The Commission on the Rights and Autonomy of Persons with Disabilities established in the department of the Rhone is also competent in the territory of the metropolis of Lyon under the conditions provided for in this chapter, subject to the provisions of this Article.
          "It is called "the departmental-metropolitan commission of the rights and autonomy of persons with disabilities". It also includes representatives of the metropolis of Lyon. It sits in plenary training alternately for persons with disabilities who fall within the competence of the Rhône department and for those who fall within the competence of the metropolis of Lyon. It can also be organized in local or specialized sections on the Rhône department and on the metropolis of Lyon.
          "For the purposes of the last sentence of the fifth paragraph of Article L. 241-5, the majority of votes are held either by the representatives of the General Council of the Rhone or by the representatives of the Council of the Metropolitan of Lyon.
          "This commission may sit in restricted training alternately for persons with disabilities who fall within the competence of the Rhône department and for those who fall within the competence of the metropolis of Lyon. »

          Rule 36 Learn more about this article...


          I. - Until December 31, 2015, for the application of theArticle L. 421-6 of the Code of Social Action and Families, the Departmental Advisory Commission of the Rhone is also competent in the territory of the metropolis of Lyon. It also includes representatives of this department and the metropolis of Lyon.
          When the departmental advisory committee of the Rhone is required to render an opinion on a decision to amend or withdraw an approval issued to a person residing in the territory of the department of the Rhone, representatives of the metropolis of Lyon do not participate in the debates or votes. It is then chaired by the President of the Rhone General Council or by a representative of the department he has designated for this purpose.
          When the Departmental Advisory Commission of the Rhone is required to render an opinion on a decision to amend or withdraw an approval issued to a person residing in the territory of the metropolis of Lyon, representatives of the department of the Rhone do not participate in the debates or votes. She was then presided over by the president of the board of the metropolis of Lyon or by a representative of the metropolis of Lyon that he designated for that purpose.
          For application last paragraph of Article L. 421-6 of the Code of Social Action and Families, representatives of the Rhône department and representatives of the metropolis of Lyon participate in the consultation of the commission.
          II. - The term of office of maternal assistants and family assistants serving on the departmental advisory committee of the Rhone on 31 December 2014 is extended until 31 December 2015.

        • Section 9: Education Rule 37 Learn more about this article...


          I.-In Title I of Book II of the first part of the Education Code, a chapter VII is added as follows:


          “Chapter VII
          « The skills of the metropolis of Lyon


          "Art. L. 217-1.-The skills of the metropolis of Lyon in terms of education are fixed to theArticle L. 3641-2 of the General Code of Territorial Communities. »


          II.-Article L. 234-1 of the same code is amended as follows:
          1° In the first paragraph, the words: "Communities, Departments and Regions" are replaced by the words: "Territorial Communities,"
          2° In the second paragraph, the words ", department or region" are replaced by the words "or that of that community";
          3° In the last paragraph, after the words: "from Paris" are inserted the words: ", from the metropolis of Lyon, the department of the Rhone".
          III.-Article L. 235-1 of the same code is amended as follows:
          1° In the first paragraph, the words: "in each department" are replaced by the words: "in each departmental constituency" and the words: "communities, departments and regions" are replaced by the words: "local authorities,"
          2° In the second paragraph, the words ", department or region" are replaced by the words "or that of that community";
          3° In the last paragraph, after the words: "from Paris", the words are inserted: ", from the metropolis of Lyon, from the department of the Rhone".

        • Sub-Section 10: Public Office for Development and Construction Rule 38 Learn more about this article...


          The building and housing code is thus modified:
          1° Article L. 421-6-1 is as follows:


          "Art. L. 421-6-1.-I.-No later than 1 March 2015 and after deliberation in this sense of the council of the metropolis of Lyon, a decree taken under the conditions laid down in article L. 421-7 creates a new public office of the habitat, called “OPH of the metropolis of Lyon”.
          "This public housing office, attached to the metropolis of Lyon, operates, as of January 1, 2016, in place of the public housing office called "OPAC du Rhône", the activity previously carried out by the latter within the perimeter defined at the perimeterArticle L. 3611-1 of the General Code of Territorial Communities.
          "II.-Sont transferred to the public office of the habitat called "OPH of the metropolis of Lyon", after the advice of the General Council of the Rhone, the assets and liabilities related to the property sets and their annexes, the housing and their accessories, the housing homes, the commercial premises, the outbuildings of these buildings and the land reserves located within the perimeter defined in theArticle L. 3611-1 of the General Code of Territorial Communities, as long as they belong to the public office of the habitat called “OPAC du Rhône” and the corresponding goods are not assigned to the operation of its support services. The advice of the Rhone General Council is deemed favourable if it was not issued until March 1, 2015.
          "The real property referred to in the previous paragraph is transferred to full ownership on January 1, 2016, in the state in which they are located.
          "These transfers of ownership are made free of charge. They do not give rise to any compensation or tax, or any right, salary or honorary, and are exempt from the contribution provided for in theArticle 879 of the General Tax Code. They do not result in reimbursement of the financial aids granted by the State for the construction, acquisition or improvement of the transferred assets.
          "The transfer of these properties, which does not give rise to the establishment of technical diagnostics, is pronounced by the representative of the State in the region, in the light of a report prepared contradictoryly between the two public offices of the habitat. It is notified by the “OPH of the metropolis of Lyon” at the service of the Rhone land advertising, as well as to the mayors of the municipalities concerned.
          "III.-The partition of assets and liabilities other than those transferred pursuant to II of this section and of goods assigned to support services shall result in the establishment of a memorandum of understanding between the two public offices of the habitat specifying the said terms and conditions of this partition. This protocol is approved by the State representative in the region.
          "If the Protocol fails to be concluded by 31 October 2015, the representative of the State in the region shall set its content by order within two months.
          "The transfers of ownership of these assets and liabilities shall not result in the payment of any allowance or tax, nor in any right, salary or honorary, and shall, if any, exempt from the contribution provided for in theArticle 879 of the General Tax Code.
          "As they deal with movable property, these transfers are not subject to prior diagnosis or technical controls.
          "IV-The public office of the habitat called "OPH of the metropolis of Lyon" is substituted in full right to the public office of the habitat called "OPAC du Rhône" within the limits of the transfers referred to in I, II and III above:
          « 1° In all its rights and obligations;
          « 2° In all acts and deliberations taken by the organs of the public office of the habitat called “OPAC du Rhône”;
          « 3° In current procedures of all kinds, including contentious;
          « 4° In contracts of all kinds, including loan contracts and where applicable a loan guarantee. Such contracts shall be carried out under the preceding conditions until their completion, unless otherwise agreed by the parties. The contracting parties are informed of the substitution of a legal entity by public office of the habitat called “OPH of the metropolis of Lyon”. The substitution of a legal entity to existing contracts does not entail any right to termination or compensation. By derogation from the provisions of Article L. 443-13, neither creditors nor guarantors can oppose it.
          "V.-The date and the terms and conditions of transfer of personnel from the public office of the habitat called "OPAC du Rhône" to the one called "OPH la métropole de Lyon" are the subject of a convention between these two establishments, taken after notice of the business committee of the public office of the habitat called "OPAC du Rhône". Transfers of employees from the public office of the habitat called “OPAC du Rhône” designated by the convention to that called “OPH of the metropolis of Lyon” are governed by theArticle L. 1224-1 of the Labour Code.
          "The civil servants assigned to the public office of the habitat called "OPAC du Rhône", designated by the convention, are in full right assigned to that called "OPH de la métropole de Lyon" under the conditions of status and employment that are theirs. ♪ provisions of Article L. 5111-7 of the General Code of Territorial Communities are applicable with the exception of those relating to the mobility allowance. Officials detached from the public office of the habitat called “OPAC du Rhone”, designated by the convention, are detached from the one called “OPH de la métropole de Lyon”. Officials made available to the president of the public office of the habitat called “OPAC du Rhône”, designated by the convention, are made available to the president of “OPH of the metropolis of Lyon”.
          "Non-public law officers employed by the public office of the habitat known as "OPAC du Rhône", designated by the convention, are transferred to that known as "OPH de la métropole de Lyon". They retain, individually, the benefit of the stipulations of their contract. The services previously performed at the public office of the habitat called “OPAC du Rhône” are similar to services performed at the office called “OPH de la métropole de Lyon”. » ;


          2° Section L. 421-8-2 is repealed.

        • Section 11: Justice Rule 39 Learn more about this article...


          In the last paragraph of section 262 of the Code of Criminal Procedure, the word "and" is deleted and it is added the words: "and in Lyon, two advisers appointed by the General Council of the Rhone and three advisers appointed by the Council of the Metropolitan of Lyon. »

  • Part III: FINAL PROVISIONS Rule 40 Learn more about this article...


    This Order comes into force on January 1, 2015.

    Rule 41 Learn more about this article...


    The Prime Minister, the Minister of the Interior and the Minister of Decentralization and Public Service are responsible, each with respect to the application of this Order, which will be published in the Official Journal of the French Republic.


Done on 19 December 2014.


François Hollande

By the President of the Republic:


The Prime Minister,

Manuel Valls


Minister of Decentralization and Public Service,

Marylise Lebranchu


The Minister of the Interior,

Bernard Cazeneuve


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