Law of 23 March 1995 on the organisation of the organisation responsible for the collection of maintenance contributions for children and for the establishment and collection of parental contributions for youth assistance
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we considered that it would be desirable to carry out the tasks relating to the collection of maintenance contributions for children and the establishment and collection of parental assistance by the dependance Gouda of the The Hague and the unit of work seconded there by the Ministry of Health, Welfare and Sport, to be self-employed persons,
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purposes of this Act and the provisions based thereon, the following definitions shall apply:
a. Our Minister: Our Minister of Security and Justice;
b. the Office: The Nationwide Office Collection Maintenance Contributions, intended in Article 2, first paragraph ;
c. management: the supervisor, referred to in Article 3 ;
d. the Framework Law: the Framework Law on self-employed administrative bodies .
1 There is a Nationwide Office Collection Maintenance Contributions, which is located in Rotterdam.
The Office shall have legal personality.
The Office shall be responsible for the following:
a. By or pursuant to Book 1 of the Civil Code dedicated tasks relating to the collection of maintenance contributions for minors and of young adults who have not reached the age of twenty-one year, and for the purposes of the recovery of cash benefits for the benefit of a spouse or registered partner; and
b. Tasks assigned to other laws.
4 The Office shall act as a receiving and transmitting institution as referred to in Article 2 of the Convention on the story abroad of benefits to maintenance and as referred to in Article 11 (3) of the European Convention on the legal status of migrant workers. The Agency shall act as the central authority referred to in Article 4 of the Treaty establishing the Hague on the International Recovery of Child and Other Forms of Family Maintenance of 23 November 2007 (PbEU 2011, L 192/51), and Article 49 of Regulation (EC) Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions, and cooperation in matters relating to maintenance obligations (PbEU L 7/ 1).
5 In the case of a general measure of management, it may be established that the Office may carry out tasks other than those referred to in the third and fourth paragraphs, if those tasks:
a. To be closely related to the tasks specified in paragraph 3;
(b) apply the means of production used by the Office for the performance of the duties referred to in the third paragraph;
c. do not distort competition in relation to private providers of comparable services; and
d. to be carried out at cost-reducing rates.
6 The Framework Law shall apply to the Agency.
The Bureau has a senior management.
1 The Executive Board shall be composed of a maximum of three members.
2 The legal position of the members of the Executive Board, in so far as they are not regulated by the Framework Law on self-employed administrative bodies , of the members of the Executive Board shall be governed by the arrangements of our Minister.
The Executive Board shall be responsible for the day-to-day management of the Office.
1 The supervisor shall represent the Office in and out of court.
The Executive Board may, under its responsibility, contribute to one or more of the members or other persons referred to in the first paragraph. It may provide that such representation relates only to certain elements of the Office's tasks or to certain matters.
The Executive Board shall lay down the main lines of the Bureau's organisation, in accordance with the rules of management.
1 The revenue of the Agency shall consist of:
a. The proceeds from the storage of costs, referred to in Article 408, third member, of Book 1 of the Civil Code ;
b. The proceeds from fees for other tasks entrusted to the Office by other Member States or under the law;
c. other benefits, however also mentioned.
2 Our Minister provides annually to the Office a grant for the cost of performing the tasks, intended in Article 2, third paragraph, point (b) .
3 Our Secretary of State provides annually to the Office a grant for the cost of performing the tasks referred to in Article 2 (a) (a) . Also, a grant is provided annually to the Office for the costs incurred in carrying out the tasks, Article 2 (4) .
4 By way of derogation from Article 4:21, third member, of General Law governing law is Title 4.2 of that Law applicable in the case of the grants referred to in the second and third paragraphs.
5 Before 1 September each year, after consulting the Bureau, our Minister shall indicate the amount of the subsidy to be provided to the Agency in the following calendar year, and shall include this amount in the proposal of the Act. on the establishment of the budget of the Ministry of Security and Justice.
6 If the grant is provided by a budget which has not yet been established, it shall be granted subject to the condition set out in Article 4:34, 1st paragraph, of General Law governing law .
7 The Office does not withdraw funds which are recoverable daily or in the long term. By way of derogation from the preceding sentence, the Office shall be authorised to bridge temporary shortages in a bank which is responsible for the Law on financial supervision in the Netherlands, the company may carry out temporary credits in the current account.
1 The Executive Board shall record such notes on the assets of the Office which may at any time be known to be rights and obligations.
2 The Management Committee shall lay down the rules of procedure for the financial management and administrative organisation of the Office.
3 The financial year of the Office shall be the calendar year.
The Executive Board shall, in good time before the end of the financial year, determine the draft financial budget for the following financial year. The budget shall be in accordance with the multiannual policy plan referred to in Article 18 .
1 At the same time as the draft financial budget is drawn up, the Executive Board shall draw up a draft multiannual policy plan.
2 The multiannual policy plan shall in any event provide for the following five financial years:
a summary of the work to be carried out by the Office in implementation of the tasks assigned to the Office by the Office or under the law and an estimate of the costs and revenue involved;
b. an overview of the planned other work of the Office, as referred to in Article 2, fifth paragraph , and an estimate of the costs and revenues involved.
1 The Executive Board shall forward the established budget and the multiannual policy plan adopted for 1 July of the preceding financial year to Our Minister.
2 If the documents referred to in paragraph 1 are being forwarded, the Executive Board may propose to our Minister a proposal for a change in the storage cost of the products referred to in the first paragraph of this Article. Article 408 of Book 1 of the Civil Code .
The multiannual policy plan needs the approval of our Minister. Our minister may partially approve the multi-year policy plan or attach conditions to the approval.
Within eight days of its adoption, the Office shall publish the annual accounts by the Office of the Office forthwith. Notice of the terinzalegging is published in the Official Gazette. The Executive Board shall ensure that access is made to the annual accounts and the annual report to any person who so requests, and a complete or partial copy thereof shall be provided at the highest cost of the production of such an account. copy.
Our Minister may provide that the supervisor shall provide information as referred to in the Article 20, first paragraph, of the Framework Law to him in the form of a periodic reporting.
The Municipal Social Services, Our Minister of Education, Culture and Science or, as far as it concerns the education or research in the field of agriculture and the natural environment, Our Minister of Agriculture, Nature and Food Quality, the Inspector of State Taxes, the Social Insurance Bank, the Execution Institute Employee Insurance, mentioned in Chapter 5 of the Act implementing organisation of work and income In so far as it concerns the local authorities of personal data, civil servants of the civil status and municipal authorities are obliged to provide the Office with all information free of charge for the purposes of the execution of the tasks specified in Article 2, third and fourth paragraphs .
1 The officials who at the time of entry into force of this Act belong to the staff of the dependance Gouda of the Child Protection Board, whose name and function are listed on a list established by Our Minister, are with from that date, the official shall be dismissed and appointed as an official of a legal position at least equivalent to those applicable to each of them to the dependance Gouda of the Board of Child Protection.
2 Officials at the time of entry into force of this Act belong to the staff of the Ministry of Health, Welfare and Sport seconded to the dependance Gouda of the Child Protecting Board, of whom name and The list of duties laid down by Our Minister for Health, Welfare and Sport shall be dismissed and appointed as an official of a legal position equivalent to at least equivalent status as from that date. to that which applied for each of them to the Ministry of Health, Welfare and Sport.
Archives of the dependance Gouda of the Board of Children's Protection shall be transferred to the Office from the date of entry into force of this Law, provided that they have not been transferred to a Member State pursuant to the Archives Act 1962. Archive storage space.
1 Our Minister and Our Minister for Health, Welfare and Sport shall determine the assets of the State to be allocated to the Office.
2 The items of assets referred to in paragraph 1 shall, as from the date of entry into force of this Act, enter into general title and not to transfer to the Office.
1 The first appointment of the members of the Executive Board shall be made by way of derogation from Article 4, third paragraph , by our Minister in agreement with our Minister of Health, Welfare and Sport.
2 Upon the first appointment of the members of the Board, Article 11, second paragraph , not applicable.
Until the date of application of the Regulations referred to in the Articles 13 and 16, second paragraph , enter into force, shall remain in force immediately prior to the date of entry into force of the Regulation.
1 In procedures in which until the date of entry into force of this Act, the Board for Child Protection on the basis of performance of duties, Article 2, third or fourth member , occurs, the Nationwide Office Collection Maintenance Contributions in its place.
2 In procedures in which until the date of entry into force of this Act, the State or Our Minister of Health, Welfare and Sport, on the basis of the performance of the duties, is intended to be Article 2, third paragraph, point B The Agency shall take action in its place.
3 In cases where before the date of entry into force of this Law on the basis of Article 12 of the Law National Ombudsman the National Ombudsman has been asked to carry out an inquiry or the National Ombudsman on the grounds of Article 15 of that Act has conducted an investigation into a conduct attributable to the dependance Gouda of the Board of Child Protection, or to the Unit of Employment posted there of the Ministry of Health, Welfare and Sport, the Commission has executive board, the supervisory board at that time as a governing body within the meaning of the Law National Ombudsman in the place of Our Minister, Deputy Minister of Health, Welfare and Sport.
By conduct of, before the date of entry into force of this Act, attributable to the dependance Gouda of the Child Protection Board, or to the unit of work of the Ministry of Health on secondment, Welfare and Sport, and on which the National Ombudsman at the time of the entry into force of this Law does not yet submit a request as referred to in Article 12 has reached, but still can reach, the first sentence is also applicable
This Law shall enter into force from 1 January 1997.
This law can be cited as: Law National Bureau Collection Maintenance Contributing.
Burdens and orders that are in the State Sheet will be placed, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Issued in Gravenhage, 23 March 1995
The Secretary of State for Justice,
E. M. A. Schmitz
The Secretary of State for Health, Welfare and Sport,
E. G. TerpstraIssued the eighteenth April 1995
The Minister of Justice,