Decree No.. 2004-135 Of 11 February 2004 Adopted In Implementation Of Article L. 315 - 17 Of The Code Of Social Action And Family And On Signing Delegations Granted To The Director Of A Public Institution Or Social Nursing Home

Original Language Title: Decree No. 2004-135 of 11 February 2004 adopted in implementation of Article L. 315-17 of the Code of Social Action and Family and on signing delegations granted to the director of a public institution or social nursing home

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Application of Art. Above of the precite code (derived from art. 4 of Act 2002-2).



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JORF No. 37 of 13 February 2004 Page 2938
Text #4

Decree No. 2004-135 of 11 February 2004 on the application of article L. 315-17 of the code for social and family action and relating to the signing delegations given to the Director Social or medico-social public establishment

NOR: SOCA0324587D ELI: Not available

Prime Minister,
On the report of the Minister of Social Affairs, Labour and Solidarity and the Minister of Health, Family and People with Disabilities,
Given the Code Social action and families, in particular Article L. 315-17 of Article 4 of Law No. 2002-2 of 2 January 2002,

Item 1 Read more about this Article ...

For the day-to-day management acts relating to the operation of the establishment, the reception and follow-up of the persons benefiting from the care and the staff, the director of a Social or medico-social public establishment may, under its supervision and under its responsibility, delegate its signature within the institution it directs to one or more directors who are members of the management team or who belong to one of the bodies A director of the hospital public service or one or more employees belonging to a corps or employed in a category A or, in their absence, in category B.

Item 2 Read more about this Article ...

Any delegation must be written and must refer to:
a) The name and function of the agent to which the delegation is given;
b) The nature of the delegated acts; the specific subjects of the delegation thus The duration of the delegation;
(c) Where appropriate, the conditions and reservations that the Director considers appropriate to attach to the delegation; and
(d) The obligation of the delegate to report on the acts taken in the exercise of that delegation.

Item 3 Read more about this Article ...

Delegation of signature may be withdrawn at any time.
Subject to the provisions of Article 1, it shall be in connection with the functions, qualification or rank of the delegate. The same delegate may give several delegations in accordance with each of the requirements of Article 2, in particular to deal with absences.

Article 4 More about this Article ...

The delegations provided for in Article 1 shall be communicated to the Management Board. They shall be sent without delay to the competent authority of the State for information. They shall also be transmitted without delay to the accounting officer of the institution where they concern acts related to the authorising officer's office. They are published within the institution.

Article 5 Learn more about this Article ...

The Director may receive delegation from the Chairman of the Management Board, subject to the conditions laid down by him:
(a) For the exercise of the powers of the Board of Directors of the 6 °, 8 °, 11 °, 12 ° And 13 ° of Article L. 315-12 of the Code of Social Action and Families,
(b) As for the exercise of powers under the 7 ° of this Article, except when exercised in the context of the 4 ° of the same
. Communicated to the Board of Directors. They are published within the institution.

Article 6 Learn more about this Article ...

The Minister of Interior, Internal Security and Local Freedoms, the Minister for Social Affairs, Labour and Solidarity, the Minister of Health, the Family and People with Disabilities, The minister responsible for local freedoms, the minister delegate to the family, the secretary of state for combating precariousness and exclusion, the Secretary of State for disabled persons and the Secretary of State for the elderly are responsible, Each in respect of the execution of this Decree, which shall be published in the Official Journal of the French Republic.

Done at Paris, February 11, 2004.

Jean-Pierre Raffarin

By the Prime Minister:

The Minister of Business Social,

du travail et de la solidarité,

François Fillon

The Minister of the Interior,

of Internal Security

and Local Freedoms,

Nicolas Sarkozy

The Minister of Health, of the

family and people with disabilities,

Jean-François Mattei

The Minister for Local Freedoms,

Patrick Devedjian

The Minister Delegate to the Family,

Christian Jacob

The Secretary D' Etat à la lutte

contre la précarité et l' exclusion,

Dominique Versini

La secretary d' Etat

aux personnes handicapées,

Marie-Thérèse Buineau

The Secretary of State for Seniors,

Hubert Falco

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