Key Benefits:
Act of 24 October 1984, laying down general rules for amending the municipal division
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 have taken the view that it is desirable to make general rules applicable to the change in municipal classification,
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:
1 In this Act the following definitions shall apply:
a. Our Minister: Our Minister of Internal Affairs;
b. change of municipal division: establishment and dissolution of municipalities as well as changes in municipal boundaries which are expected to increase or decrease the population of at least one of the municipalities concerned, by 10% or more;
c. change of provincial classification: the establishment and elimination of provinces and the change of provincial borders, resulting in an expectation of 10% or more of the number of inhabitants of a municipality forming part of another province and change of provincial borders with non-provincial classification;
d. border adjustment: a change of a municipal border which is expected to increase or decrease the population of none of the municipalities concerned by 10% or more;
e. reclassification advice: an opinion prepared with the application of this Act to Our Minister for the change of municipal and provincial borders;
f. reclassification scheme: a law, a general measure of governance or a decision as intended in the Articles 3 and 13 amending the municipal or provincial classification or border adjustment and a set of similar acts as referred to in Article 13 (2) of the EC Treaty Article 3 establishing a border correction;
g. reclassification design: a design of a reclassification advice or a reclassification scheme;
h. Date of reclassification: 1 January following the date of entry into force of the reclassification scheme;
i. Outbound or added area: territory which is part of a reclassification scheme is to be part of another municipality or province.
2 For the purposes of application of paragraph 1 (b), (c) and (d), the number of inhabitants of the territory concerned shall be taken at the time of:
(a) the reclassification process or the reclassification system, where it is a reclassification or reclassification scheme, the preparation of which is made by municipalities or by one or more provinces;
(b) the proposal for a reclassification scheme is sent to the Council of Ministers where it is a reclassification scheme to be prepared by the Minister.
1 In the case of a reclassification design, a reclassification opinion and a reclassification scheme, one or more maps indicating the changes of the county or municipal borders have been added.
2 At the latest two months after the adoption of the reclassification scheme, Member States shall establish a description of the limits indicated on the map or maps attached to the reclassification scheme. The description shall be carried out by means of cadastral characteristics and where this is not possible by means of coordinates of the shifted system of triangular triangular measurement.
3 The entry into force of the reclassification scheme shall be determined at a time situated after the adoption of the border description.
1 A change in municipal classification is made by law.
2 A border correction shall be made:
a. In the case of similar decisions taken by the councils of the municipalities concerned;
b. By decision of provincial States;
c. by general measure of administration or by law.
3 A border correction accompanied by a change of a provincial border shall be effected:
(a) in the case of similar decisions taken by the provincial authorities of the provinces concerned;
b. by general measure of administration or by law.
1 A reclassification advice relating to a change of municipal classification is determined by provincial states.
2 A reclassification advice relating to a change in municipal classification may be decided by the councils of the municipalities concerned.
3 If the boards of the relevant provinces differ as to the desirability of a border correction accompanied by a change of the provincial border, provincial states may adopt a reclassification advice.
1 In the preparation of a reclassification scheme for border adjustment as referred to in Article 3, second paragraph, point (a) , or of a reclassification advice relating to a change of municipal classification as intended in Article 4, second paragraph , the councils of the municipalities concerned shall jointly establish and transmit a reclassification design to those Member States.
2 Mayor and aldermen shall make the regrading design available to the municipal secretary for eight weeks. The terinzalegging shall be published. During the time of the term of the terinzalegation, any person may express his views on the draft to the College of Mayor and of aldermen.
3 The reclassification advice is sent to Our Minister by the Member States together with the views of the Member States.
On the basis of this article, a local authority does not make any preparatory work for any change to the municipality's borders after the date on which the Member States or Our Minister have informed the Commission that they have been taken up by them in the course of relating to the preparation of a change to the borders of the municipality.
If, on the basis of a reclassification opinion, our Minister decides to propose a reclassification scheme, he shall send the proposal to the Council of Ministers within four months of the receipt of the reclassification advice.
The preparation of a reclassification scheme for border adjustment as referred to in Article 3, second paragraph, point (b) , or of a reclassification advice relating to a change of municipal classification as intended in Article 4, first paragraph , shall be applied using Article 8 .
1 The Member States deputed for the mayor and aldermen of the municipalities concerned shall have the opportunity to consult with them on the need for a border correction or a change to the municipal division. Consultations shall last for a maximum of six months.
2 At the latest three months after the conclusion of the consultations, the Member States shall adopt a reclassification design and shall send it together with a report of the consultations held to the local councils and the Minister for the General Affairs Committee.
3 Mayor and aldermen shall submit the reclassification plan for inspection to the local authority within two weeks of receipt for eight weeks. The terinzalegging shall be published. During the time of the term of the terinzalegging, each person may make known its views on the draft to Member States.
4 Municipal Councils may make their views known to Member States no later than three months after receipt of the reclassification design.
5 The reclassification system or the reclassification opinion shall be adopted no later than four months after the end of the period referred to in paragraph 4. An established reclassification advice shall be sent to Our Minister. Our Minister shall be informed of the adoption of a reclassification scheme.
1 The preparation of a reclassification scheme to a border correction associated with a change of a provincial border as intended in: Article 3, third paragraph, point (a) , or of any reclassification advice to that effect, as referred to in Article 4, third paragraph , shall be applied by analogy Article 8 , except that:
(a) States of the other province or provinces concerned shall also be given the opportunity to conduct the consultations provided for in Article 8, first paragraph ; and
b. The reclassification design shall also be sent to provincial states of the other province or provinces concerned. They may make known their views on the draft to the Member States which have made the proposal for a period of three months from the date of receipt of the reclassification design.
2 The reclassification design is also sent to the water boards concerned.
To affect the Member States on the basis of the Articles 8 and 9 no preparatory work for a change to the borders of a municipality after the date on which our Minister has informed us that he has taken up his duties in connection with the preparation of a change in the limits of the Municipality.
If, on the basis of a reclassification opinion, our Minister decides to propose a reclassification scheme, he shall send the proposal to the Council of Ministers within four months of the receipt of the reclassification advice.
1 The preparation of a reclassification arrangement by Our Minister shall be made by corresponding application of Article 8, first to fourth paragraphs , except that:
a. Our Minister replaces states with the Member States;
(b) States of the province or provinces concerned shall also be given the opportunity to conduct the consultations provided for in this Directive. Article 8, first paragraph ; and
c. the reclassification design is also sent to the Member States of the province concerned or to the provincial states of the relevant provinces in the case of a border correction associated with a change in the territory of the province concerned. Provincial border. They may make known their views on the draft to our Minister until at least three months from the date of receipt of the regrading plan.
2 Where preparations are made by the Member States with regard to municipalities as intended for the purpose of Articles 8 and 9 for a reclassification opinion or a reclassification scheme and Our Minister applying the first paragraph takes the preparation of a reclassification arrangement with regard to those municipalities, the Member States may be affected by the application of a reclassification scheme. preparing for the preparations by our Minister as he is making the preparations he has taken.
1 An amendment to the provincial classification shall be by law.
2 An amendment to the provincial classification which concerns a change of provincial borders with a non-provincial classification may take place in the case of a general measure of administration.
1 A reclassification advice relating to a change of provincial classification shall be determined by the provincial states of the respective provinces jointly.
2 If the boards of the relevant provinces differ as to the desirability of a change of provincial classification, provincial states may adopt a reclassification advice.
3 A reclassification advice relating to a change to the provincial division relating to one province and effected without a change of borders of another province shall be determined by provincial states.
1 For the purpose of preparing for a reclassification advice relating to a change of provincial format as intended in Article 14, first paragraph , the provincial states of the relevant provinces shall set up a commission composed of members of the provinces concerned.
2 The preparation of the reclassification advice shall be subject to corresponding application of Article 8 The Committee shall replace the Member States with the exception of the Member States concerned.
The preparation of a reclassification advice relating to a change of provincial format as intended in Article 14, second paragraph , shall be applied by analogy Article 8 , except that:
(a) States of the other province or provinces concerned shall also have the opportunity to conduct the consultations provided for in this Directive. Article 8, first paragraph ; and
b. Member States shall also transmit the reclassification design to provincial states of the other province or provinces concerned. They may make their views known to the Member States concerned which have made the proposal no later than three months after the receipt of the reclassification design.
The preparation of a reclassification advice relating to a change of provincial format as intended in Article 14, third paragraph , shall be applied by analogy Article 8 .
If, on the basis of a reclassification opinion, our Minister decides to propose a reclassification scheme, he shall send the proposal to the Council of Ministers within four months of the receipt of the reclassification advice.
1 The preparation of a reclassification arrangement by Our Minister shall be made by corresponding application of Article 8, first to fourth paragraphs , except that:
a. Our Minister replaces states with the Member States;
(b) States of the province or provinces concerned shall also have the opportunity to carry out the consultations provided for in this Directive. Article 8, first paragraph ; and
c. The reclassification design shall also be sent to provincial states of the province or provinces concerned. They may make known their views on the draft to our Minister until at least three months from the date of receipt of the reclassification design.
2 Article 10 shall apply mutatis mutandis.
3 If by deputed States or a commission as intended by Article 15, first paragraph , with regard to a change of the provincial borders preparations have been made as intended in the Articles 15 to 17 for a reclassification opinion or a reclassification scheme and Our Minister applying the first paragraph takes the preparation of a reclassification arrangement with respect to those provincial borders, the Member States or the The preparations which have been taken by our Minister are considered to be the preparations that have been taken.
A reclassification design adopted in accordance with this Chapter shall also be forwarded to the relevant water boards.
1 From the day on which a municipality is entitled to a reclassification design, a reclassification opinion or a proposal of law to be lifted, the decisions of the councils and the colleges designated by the Member States must be taken into account. of the mayor and aldermen of the municipalities concerned, the approval of the Member States.
2 Eligibility may be categories of decisions which may lead to new expenditure, to an increase in existing expenditure or to a reduction in existing revenues or to a reduction in assets.
3 The approval may be withheld because of conflict with the financial interest of the municipality or municipalities in which the area of the municipality concerned will become part after its reclassification.
4 The surveillance carried out under the first paragraph shall remain in force until the date of reclassification or the date on which our Minister provides that the supervision has expired.
The relevant municipal rules applicable on the day preceding the date of reclassification in respect of an overgoing area shall be maintained for two years after that date for that territory their legal force, in so far as the competent authority of the municipality in which that territory is the area has been added, these rules have not previously expired.
1 The competent authority of a new municipality may before the completion of the Article 28 the period prescribed as set out in that article for the whole area of the municipality.
2 In an equal manner, the board of the new municipality shall make good time before the end of the Article 28 the other conditions referred to in that Article shall be known after the expiry of that period for the entire territory of the municipality.
1 The municipal rules in force on the day preceding the date of reclassification shall not apply to the region added to that municipality for a period of two years from that date, provided that the competent authority of that municipality applies to the municipality of the municipality of the municipality of the municipality of the municipality of the These requirements shall not be explained earlier for that territory.
2 The College of Mayor and Aldermen shall publish, in good time before the expiry of the period referred to in paragraph 1, the rules referred to in that paragraph for the added area after that period.
Decisions to be adopted on the day preceding the date of reclassification to the establishment of committees as referred to in Article 4 (2) of the EC Treaty. Chapter V of the Municipal Act ( Stb. 1992, 96) of municipalities in which a council election as referred to in Article 52 has been held, expired on that date. They may, within one month of that date, by Chapter V of the Municipal Act The institution responsible for the establishment of committees shall be declared, in whole or in part, once again.
1 The provisions of the Articles 28-30 does not apply to tax regulations on foot of Article 220 of the Municipal Act . In relation to the previous territory, these Regulations shall apply as from the date of their reclassification, but retain them, subject to the conditions laid down in the Article 39 , their legal force for the tax years which were caught before that date.
2 The council of a new municipality may within three months from the date of reclassification pursuant to the provisions of Article 216 of the Municipal Act decisions to adopt a new Regulation to be applied to the Municipality as from the date of that date.
The Regulation of the municipality to which that territory has been added shall apply from the date of reclassification to a region which transfers to a new municipality. In so far as the reclassification so requires, the Council of the municipality to which the area has been added shall be empowered to decide, within three months from the date of re-classification, the adjustment of the Regulation. The amended Regulation shall apply from that date to the whole of the municipality.
4 The provisions of the Articles 28-30 does not apply either to decisions on the baatload established at the base of the Article 222 of the Municipal Act and to decisions as referred to in the Articles XV, third to fifth members, of the Act of Entry into law of the Act of Material Tax Provisions . These decisions are to be taken as decisions of the municipality to which the area was added.
The Articles 28 to 30 and 32 shall apply mutatis mutandis to decisions establishing, amending or repealing tax regulations adopted before the date of re-classification and which enter into force on or after that date.
1 By way of derogation from the provisions of Article 28 the structural changes, zoning plans, management regulations and operations plans laid down prior to the date of reclassification shall be as set out in Article 2.1 , 3.1 , 3.38 and 6.12 of the Spatial Planning Act and decisions where grounds are to be designated as the area where preferential duty is to be established in accordance with Article 2 (1), first paragraph, of the Local Authorities Act , with regard to the previous area, to be deemed to have been determined by the competent authority of the municipality to which that territory has been added, and retain their legal force until the competent authority decides otherwise.
2 The preparatory decision taken before the date of reclassification shall be as set out in the Annex to this Regulation. Article 3.7 of the Spatial Planning Act in relation to the previous area, the council of the municipality to which that territory was added has been deemed to have been taken.
In the case of a change of a provincial border, it shall be Articles 28 and 30 the competent authority of the relevant provinces shall apply mutatis mutandis in respect of provincial rules.
1 For the secretary and the Registrar of a new municipality, the instructions of the municipality to be indicated in the reclassification scheme concerned shall apply until such time as they have been replaced by others.
2 The rules of procedure of the municipality to be indicated in the relevant reclassification law shall apply to the meetings of the Board and of mayor and mayor and aldermen of a new municipality until they have been replaced by others.
As from the date of reclassification and as long as the Article 28 continue to apply, in addition, the competent bodies and officials of the municipality referred to in the municipality to which that territory has been transferred, the powers to which they are subject to corresponding bodies and officials. granted.
1 In the case of a change of a provincial border, it shall be Article 37 applicable, mutatis mutandis, in respect of the powers of the institutions and officials of the province.
2 By way of derogation from the provisions of paragraph 1, the bodies responsible for the change of the provincial border shall be subject to supervision by the bodies responsible for reclassification earlier on the day preceding the date of reclassification; until such time as the rules change the effects of the reclassification scheme concerned. If an agreement has not been reached between the Member States concerned within one year of the change in the rules, it shall be Article 4 of the Water State Act 1900 applicable.
1 The power to levy and recover municipal taxes in added territory in a taxation year that is initiated before the date of reclassification remains reserved to the organs and officials of the municipality to which that area had belonged before that date.
2 Where the municipality referred to in paragraph 1 is removed by a reclassification act, the power specified in that paragraph shall be conferred on the organs and officials of the municipality which is to be referred to in that law.
Without prejudice Article 226 of the ProvincieAct and Article 228 of the ProvincieAct is subject to a change of a provincial border Article 39, first paragraph , mutatis mutandis, in respect of provincial taxes.
1 Common arrangements for the exclusive participation of the local authorities of the area as a whole and the same municipality shall be repealed with effect from the date of reclassification. The management of that municipality shall take the necessary steps to ensure that this is done.
2 In a reclassification scheme, the provisions of paragraph 1 may be applied mutatis mutandis in respect of common arrangements for which the exclusive participation of the local authorities in the area is to a large extent to one and one of the most important the same municipality is to belong.
3 The other common arrangements in which the municipalities concerned are involved in a change in municipal classification shall remain in force unchanged, subject to the fact that the reclassification scheme concerned designates the municipality or municipalities as long as the fourth or fifth paragraph of this Article has not yet been implemented, for the purposes of applying the arrangements to the local authorities to be removed.
4 Participants shall, within six months from the date of reclassification, apply to common rules as referred to in paragraph 3, as appropriate, from the date of re-entry Common Arrangements Law the facilities resulting from the changed municipal classification. They may derogate from the provisions of the common rules relating to the modification and removal of the scheme and the entry and exit of participants. The time limit specified in the first sentence may be made by the Member State concerned, by the Member State concerned or, if the arrangement has been concluded exclusively between mayors, by the Commissioner of the King in that province for a maximum of six months. extended.
5 If the provisions referred to in paragraph 4 have not been taken within the time limit set for that purpose, such provisions may be effected by Member States or, if the arrangement has been entered into between mayors only, by the Commissioner of the King.
6 The members of bodies established by common rules, designated by the municipal authorities responsible before the date of reclassification, shall remain in those bodies until such time as the municipal authorities responsible after the date of reclassification, if necessary by way of derogation from the provisions laid down in the common arrangement for the duration of the session, have provided for the designation.
7 The preceding paragraphs shall not apply in respect of common rules in force for an area whose size is established by or by virtue of the law or by Royal Decree.
As far as common rules are concerned, Article 41, third paragraph , where a province is involved and that scheme is part of the territory which is transferred to another province as a result of a reclassification scheme, it shall be fourth, sixth and seventh paragraph of Article 41 applicable mutatis mutandis in respect of the provinces concerned.
1 By way of derogation from Article 81p of the Municipal Act the council of a new municipality may on no later than 15 January of the year in which the municipality is set up, the treatment of petitions as referred to in Article 9:18, 1st paragraph, of General Law governing law , contribute to a municipal ombudsman or ombudsman, or a joint ombudsman or ombudsman committee. The decision will work back to 1 January of the year in which it was taken.
2 If the Board takes a decision as referred to in the first paragraph, it shall send it to the National Ombudsman within a week.
1 Without prejudice to the provisions of the second paragraph and of the Articles 45 and 48 go to the date of reclassification all the rights and obligations of a municipality to be removed from the municipality to which its territory is added, or, when the territory transfers to more than one municipality, to the place in which it is transferred to the municipality in question. The municipality of the municipality of the Member State of the municipality of the Member State of the European Union to be reallocated
2 All rights and obligations of a municipality, relating to the territory of that municipality, shall be transferred to the municipality to which that territory is added, at the date of reclassification, without any further provisions being applied for that purpose.
3 Legal proceedings and legal proceedings in which a municipality is involved in the territory of which a municipality is to be transferred shall continue as from the date of reclassification by or against the municipality to which that territory is added, in so far as it is in accordance with the provisions of The first and second paragraphs of the provisions of these paragraphs shall be subject to the rights and obligations laid down in those paragraphs. In relation to the proceedings, the eleventh section of the second title of the first book of the Code of Civil Procedure shall apply mutatis mutandis.
In the event of the provisions of the first and second members of the registry, the Member States of the province in question shall submit to the public registers the transfer of the goods concerned without delay in the public registers provided for in the first and second members of the Member State of the province of the province concerned. Section 2 of Title 1 of Book 3 of the Civil Code . Article 24, 1st paragraph, of Book 3 of the Civil Code does not apply.
1 With regard to the supply of drinking water, electricity and gas, it shall continue to be part of the supply area of the undertakings which had or were entitled to provide for the day preceding the date of the Reclassification, to the extent that the relevant parties do not take any further arrangements in this respect.
2 When a municipality is removed, the rights and obligations relating to the facilities referred to in paragraph 1 shall replace the municipality for that municipality in the reclassification act in question, without that authority having regard to the provisions of the a further deed is made for that.
In the case of a change of a provincial border, it shall be Articles 44 and 45 of corresponding application in respect of rights and obligations of a province.
1 For the purpose of continuing the management of the management of the area in connection with the transfer of territory, Member States may, after hearing the office of mayor and aldermen of the communes concerned, give instructions which shall be carried out by those colleges must be taken.
2 For the period during which no budget has been adopted in respect of a new municipality, the mayor and aldermen shall be responsible for the expenditure incurred in so far as no objection has been made to them by the Member States.
1 Subject to paragraph 2, benefits to be paid by the national or local or local authorities as to the periods of service, years or years of reclassification, prior to the date of reclassification, shall be granted to the Kingdom of the Netherlands, or to the the territory of a municipality is due to the municipality to which that territory belonged before that date.
2 Where the municipality is to be removed, the benefits referred to in paragraph 1 shall be paid by the municipality to which the area of the municipality to be removed is added or, if so, to more than one municipality, by the municipality of the municipality which is to be removed. the municipality is to be established in the reclassification law in question.
In the case of a change of a provincial border, it shall be Article 48 applicable, mutatis mutandis, to benefits due by the State or to municipalities relating to the previous province of a province.
1 Where in connection with the provisions of the Articles 39 , 41 , 44 , 45 and 48 a settlement between municipalities shall be taken place, the boards of these municipalities shall be heard, the amount and, where necessary, the method of payment established:
a. by the Member States of the province concerned if the change in municipal classification in question or border adjustment is not accompanied by a change in the provincial border;
b. by the colleges of the Member States concerned by mutual agreement if the relevant change in the municipal classification or the border adjustment is accompanied by a change of the provincial border;
c. by royal decree, the boards of the relevant provinces, in the absence of agreement between the colleges, of the B .
2 In determining the amount of the netting referred to in the first paragraph, reserves and provisions may be involved.
3 Upon request for the settlement referred to in paragraph 1, the Member States shall not reject the decision other than after having heard the authorities referred to in that paragraph.
If in the case of a change of a provincial border with regard to the provisions of the Articles 40 , 43 , 46 and 49 a settlement between the provinces shall be carried out, the amount and the means of payment thereof shall be fixed:
(a) by mutual agreement of the colleges of the Member States concerned;
b. by royal decree, the boards of the relevant provinces heard, in the absence of agreement between the colleges, A .
2 In determining the amount of the netting referred to in the first paragraph, reserves and provisions may be involved.
In the case of a change in municipal classification, by-elections are taking place. If a new municipality is set up, the largest municipality in the new municipality will be responsible for preparing it.
1 The on the day, preceding the date of reclassification, sitting members of the council ener er for which an election as referred to in Article 52 shall take effect from that date.
If, on the date of reclassification, the approval of the credentials of more than half of the members of the Board has not become irrevocable, the members of the Board shall not take up office until such time as is the case. During this time, the members of the council and council ' s aldermen have that Article 52, second sentence , with the preparation of the by-election of the council, the council is responsible for the members of the council as members of the council. The council and the college of mayor and aldermen will only take decisions during this time which will not be delayed.
1 Mayor and aldermen of a municipality from which territory is transferred to a municipality for which an election is intended to be Article 52 shall, on a date to be determined by the mayor and althouders of that municipality, be sent to the municipality of the municipality of the municipality of which the latter is part of the territory of the province of which the latter is part or which it is to be, by the following In the case of the second sentence of sentence, the second sentence, with the preparation of the by-election of the council, shall be responsible for giving the persons entitled to vote registered at that date which are in the area of permanent residence at that date in the territory of the country concerned.
2 If between the date referred to in paragraph 1 and the date of nomination as referred to in the first paragraph Article 55, second paragraph , changes occur in the registration of voters who have actual domicile or obtain in the municipality or the part of the municipality covered by an indication as referred to in the first paragraph shall become subject to such changes. without delay, of the mayor and aldermen sent to whom that task is sent, after which the latter shall make such changes in the declaration.
1 The council of a municipality for which an election as referred to in Article 52 shall be composed of the Member States of the province concerned with the application of Article 8 of the Municipal Act number of members to be determined. To this end, the population of a municipality shall be determined on the basis of data disclosed by the Central Bureau of Statistics concerning population figures as at 1 January of the year in which the election takes place.
2 Nominations shall take place on the Monday in the period from 5 to 11 October preceding the date of reclassification. The vote will take place on the forty-fourth day after the date of the nomination.
Member States may provide for the application of a candidate to a different date, provided that the date of the applicant's application or the day of voting allows for serious reasons, except that the vote in favour of the applicant states that the Date of reclassification takes place.
3 Member States may decide to make a derogation from the Articles G 1, 8th paragraph , G 2, eighth member , G 3, first paragraph , G 4, third member , and G 5, first paragraph, point (b) and (c) of the Kieswet Deadlines for the registration of indications of political groups.
Where a new municipality is concerned, the numbering of the lists of candidates shall be renumbered by: Article I 14, first sentence, first sentence of the Electoral Law First numbered lists of political groups whose designation had been placed above a list of candidates for which one or more seats were placed at the time of the last election of the Council of the Commune responsible for the election of the election have been allocated.
5 As voters are deemed to be registered persons who are registered as such in the municipality of a municipality of the municipal division which is not abolished by the municipality of the municipality which is Article 52, second sentence , with the preparation of the by-election of the Council, after having added the interim council election to the persons appearing on the basis of the Article 54, first paragraph , declarations received after application of the second paragraph of that Article, have been removed from those persons who, on the date of the application of the applicant as referred to in the second paragraph, are domicile in the part of the municipality which is resident on the Date of reclassification to another municipality.
6 The appointment of members and deputy members of the main polling stations and the appointment of members and deputy members of the polling stations shall be carried out in respect of a date to be determined by the Member States by the mayor and aldermen. The municipality of the municipality of the municipality which is not to be abolished by reason of the change in the municipal division which is not abolished shall be the municipality Article 52, second sentence , with the preparation of the mid-term council election. The appointment of members and deputy members of the main polling stations shall be made, by way of derogation from Article E8 of the Electoral Law, for a period ending at the same time as the first term of the new elected office. Councils of the municipalities.
7 In so far as under any legal requirement, cooperation must be provided by the Board, by the Mayor and the Mayor or by the Mayor, by the Council, Mayor and Alderman or the Mayor of the change in the course of a change. Municipal division of the municipality concerned which is not abolished by the municipality which is responsible for the Article 52, second sentence , with the preparation of the mid-term council election.
1 For the purposes of applying Article 10 of the Municipal Act for the membership of the Council of the United States of America for which an election as referred to in Article 52 'residents' means those who have actual domicile in the territory which, with effect from the date of reclassification, is the territory of the municipality in question.
2 The verification of credentials of appointed councillors shall be carried out before a date to be determined by the Member State concerned by the Council of the municipality involved in a change in the municipal classification which is not to be established. the municipality of the municipality which has been abolished by Article 52, second sentence , with the preparation of the mid-term council election.
3 The first meeting of the Board shall be held on the first working day following the date of reclassification. In this meeting the aldermen are appointed. In the case of: Article 53, second paragraph , the first meeting of the newly elected council shall be held as soon as possible after fourteen days after the irrevocable approval of the credentials of more than one half of the members of the Board.
This paragraph applies to municipalities which, in the period from 1 October to 31 December of the year preceding the year in which the regular municipal elections are to take place, are subject to a proposal for a law amending the municipal division has been submitted to the Second Chamber of the States-General.
1 The election of municipal council members in the year in which regular municipal elections take place and for which the candidate is granted on the day, intended Article F 1, first paragraph, of the Kieswet -No, it's not.
2 The term of office of the members of the Council shall be extended to 1 January of the year following the year in which the election referred to in paragraph 1 is not to be granted.
If the date of reclassification follows the year in which regular municipal elections took place, the term of office of the members of the following shall end Article 52 (i) elected by the Council, together with the term of office of the members of the councils of the other municipalities, which shall sit on the date of reclassification.
1 If a proposal of law as referred to in Article 56a no later than on the Thursday 17 September to 23 September in the year in which regular municipal elections are made into law has been elevated and entered into force, the candidate for the election of The members of the council of a municipality, mentioned in that bill, take place on the Monday in the period from 5 to 11 October of that year. Article 55, second paragraph, second and third sentences , is applicable.
2 In the case referred to in paragraph 1, by way of derogation from the Articles G 1 to G 5 of the Kieswet the following times:
a. the in Articles G 1, 8th paragraph , and G 2, eighth member, of the Kieswet The notification referred to above, prior to the candidate for the election of the council of a municipality, as referred to in Article 56a takes place on the fourteenth day for that candidate.
b. the in Article G 3, 1st member, of the Kieswet Requests for the registration of designations of political groups of the council of a municipality as referred to in Article 56a has been submitted after the 14th day for that candidate status before the next council election is not taken into account.
c. the Article G 4, second paragraph, of the Kieswet The decision shall be taken at the latest by the eleventh day of that applicant's submission.
d. the Article G 5, first paragraph, parts b and c, of the Kieswet These decisions shall be taken no later than the seventh day before the date of the application.
3 The term of office of the members of the Council elected under the first paragraph shall end at the same time as the term of office of the members of the councils of the other municipalities shall be held on 1 January of the year following the year in which the regular meetings of the members of the Council of the European Union are held. Municipal elections took place.
1 If the date of reclassification falls within three years before the date of the regular municipal elections, these elections shall remain in the municipalities concerned.
2 The term of office of the members of the Article 52 The Council shall end up in the situation referred to in paragraph 1 at the same time as the term of office of the members of the councils of the other municipalities following the first regular municipal elections following the date of re-classification.
1 With effect from the date of reclassification, the secretary of a municipal council shall be dismissed honorably from his office.
On the request of the Secretary, 2 Member States may, at the request of the Secretary, provide that, with effect from the date of reclassification, he shall, for the time being, enter the service of the municipality to which the territory of the municipality to be removed is added, from the date of re-classification, or where that territory is added to more than one municipality, in service of the Article 59, first paragraph , the municipality to be indicated. In this case, it shall be Articles 59 and 60 to him shall apply mutatis mutandis.
3 The first and second paragraphs shall apply to the Registrar mutatis mutandis.
On the date of reclassification, the staff, attached to the municipal primary schools established in the previous area, will have municipal special schools for primary education, municipal schools for special education, special education, municipal schools or institutions for special and secondary special education, or municipal secondary schools, on the service of the municipality to which the area is to be added, on the same footing as and also on the same subject. Moreover, in the same legal condition as in which, on the day preceding that date, effective date.
1 The other officials, in the service of a municipality to be removed, shall, at the date of re-classification, proceed provisionally at the service of the municipality to which the area of the municipality to be removed is added, or, where that area is more than one (b) the municipality shall be added, in the same grade, to be indicated in the reclassification scheme in question, on the same footing and also in the same state of law as on the day preceding the date before them.
2 The members and promises made in connection with their duties by the officials referred to in paragraph 1 shall be deemed to be related to such provisional duties.
3 Within six months of the date of reclassification, the competent authority of the municipality of which the officials referred to in paragraph 1 have been provisionally carried out shall take one of the following decisions in respect of each of those officials:
a. that and in what rank and on which foot he remains in the service of the municipality;
B. that he will be honorably discharged.
The six-month period may be extended by a maximum of six months by Member States of the province concerned.
4 A decision as in the third paragraph B It shall be taken only if it has not been possible, after a careful examination, to entrust the official with an appropriate function in relation to his or her personality and circumstances.
5 In paragraph 3, B The dismissal shall also be granted to the official who refuses to accept a post as referred to in the fourth paragraph.
6 In the case of dismissal as referred to in the third paragraph B shall be subject to a period of notice of three months.
7 The entry into force of the resignation referred to in the third paragraph B may, if it is possible to charge the official with temporary work and to employ the competent authority of the municipality of which the official has been provisionally employed, suspend the effective date of the dismissal in the interest of the service eight or more times are suspended for a period to be agreed on several occasions, but no longer than for a period of two years, with the agreement of the official.
8 The provisions of paragraph 7 shall apply mutatis mutandis to the official in respect of whom a decision as referred to in the third paragraph is to be taken. B has been taken, if it is possible to entrust him with temporary work in another municipality involved in the same change in municipal classification, and the official agrees to that. In that case, the resignation shall be deemed to have been granted by the competent authority of that other municipality which, for the purposes of applying this law, also replaces the municipality of which he or she is employed in the service of Date of reclassification had been provisionally changed.
9 If, during the period referred to in paragraph 7, a function as referred to in paragraph 4 becomes available, the competent authority shall, unless the official concerned refuses to accept the function he has offered, take up the matter at the same time as revocation of the decision on dismissal, on the decision as referred to in the third paragraph A .
10 For the purpose of determining the salary of the official who, by applying the provisions of the third paragraph A to remain in the service of the municipality, and the official who, by application of the provisions of the seventh or eighth member, remains temporarily employed by the municipality, shall be taken into account at least the salary position applicable to the to calculate his remuneration in the municipality of which he was employed on the day preceding the date of re-classification.
For the purposes of this Article, civil servants shall be included in the contract of employment of persons employed by civil servants.
1 The competent authority of the Article 59, third paragraph The Council, acting in accordance with the conditions laid down in that paragraph, shall, if necessary, set up, as appropriate, the period of application of the Agreement, as appropriate, within the Articles 125 and Question No 134 of the Civil Service Act 1929 shall be determined.
2 Until the entry into force of the provisions referred to in paragraph 1, the rules governing the status of persons employed by the municipality referred to in that paragraph shall continue to be governed by the rules of law which were last applied in the municipality of the municipality of the municipality of the municipality of the municipality of the municipality of the municipality of which they completed their main cover on the day preceding the date of re-classification.
3 After the entry into force of the rules referred to in paragraph 1, and without prejudice to Article 59, 10th paragraph For the purpose of determining and amending the salary of the official referred to in the latter paragraph, the person concerned shall at least take into account the salary situation which would have applied to him according to the salary scale of the person concerned. ' remuneration scheme applicable to him on the day preceding the date of re-entry. The provisions of Article 59, 11th paragraph , mutatis mutandis, shall apply mutatis mutandis.
1 Where a new municipality is set up, the Member States shall appoint a temporary secretary and a temporary Registrar as from the date of re-classification.
2 The appointments shall be made no later than one month before the date of reclassification and shall apply to the day on which, according to the Municipal law has been provided with the functions of Secretary and Registrar.
3 Article 36, first paragraph , shall apply mutatis mutandis to the temporary secretary and to the temporary Registrar.
1 The official in fixed or temporary employment, provided that the latter has lasted for at least five years and the appointment has not been made in a manifest temporary nature, which is due to the provisions of the Article 57 or Article 59 has been or is being dismissed, has a right to waiting money, it being understood that:
a. The right to waiting money of the official, meant in the First paragraph of Article 57 , without prejudice to: B determined by the municipality of the municipality under the first paragraph of Article 44 all rights and obligations of the municipality, in the service of which the person was employed up to the date of re-classification, proceed and that the waiting money is granted in accordance with the rules which the former municipality is required to apply to Article 125 of the Civil Service Act 1929 has been determined to deal with waiting money. Until the entry into force of the rules referred to in the preceding sentence, it shall be Second paragraph of Article 60 certain of the corresponding application.
b. the right to watch of the official referred to in the Article 59 -and the official referred to in the First paragraph of Article 57 In respect of whom the Member States have made use of the power conferred by the second paragraph of that Article, to be charged to the municipality, whose service the person concerned has temporarily transferred from the date of re-classification and that the waiting money is granted in accordance with the rules, which this municipality shall Article 125 of the Civil Service Act 1929 has been determined to deal with waiting money.
2. The official appointed in a temporary function as referred to in Article 61 and, until the date of reclassification, was employed by a municipality to be removed by the reclassification law concerned, from the day after his appointment in that temporary function had expired, the right to the waiting money, with the exception of the Right to waiting money from the municipality, to which under the first paragraph of Article 44 Transfer all rights and obligations of the municipality concerned and that the waiting money shall be granted in accordance with the rules, which are the municipality, to which, the first paragraph of Article 44 Transfer all rights and obligations of the municipality concerned, as a result of Article 125 of the Civil Service Act 1929 on the issue of waiting money has been established. Until the entry into force of the rules referred to in the preceding sentence, it shall be Second paragraph of Article 60 certain of the corresponding application.
3 By way of derogation from the provisions of the second sentence of the eighth paragraph of Article 59 the right to the official's waiting money referred to in the first paragraph of that article, who has been paid honorably, and for whom the effective date of dismissal, by using the option provided for in the eighth paragraph of that article, has been granted. has been suspended, to be charged to the municipality, whose competent authority on the basis of the Third paragraph of Article 59 the dismissal has been granted. The waiting money shall be granted in accordance with the rules laid down in this Regulation by that municipality. Article 125 of the Civil Service Act 1929 has been determined to deal with waiting money.
(4) If an official referred to in paragraph 1 is entitled or is entitled to a payment of his last salary for the purpose of sickness, that salary shall be borne by the municipality in respect of the duration of the illness, which shall be borne by that person on the basis of which he is responsible for the sickness or loss of his or her own the right to waiting money provided for in the first paragraph.
5 If the official referred to in the second and the third paragraph is entitled or is entitled to a payment of his last salary by reason of his/her previous salary, that remuneration shall be paid for the duration of the disease to the extent of the period after the end of the sickness the temporary function shall be borne by the municipality, which shall be entitled to waiting money on the basis of the provisions of the second or third paragraph of this Article.
1 The temporary staff member whose employment was less than five years than was manifestly temporary, and the worker employed by a contract of employment under civil law, which is a result of the provision of a Article 59 Where a result of the termination of employment, the right to benefits shall be dismissed, except in respect of that right, first paragraph of Article 62 (b) shall be applied mutatis mutandis and the benefit shall be granted in accordance with the rules which the municipality, which is to which the benefit is payable, is Article 125 of the Civil Service Act 1929 has adopted the said benefits in respect of such benefits.
2 By way of derogation from the provisions of the second sentence of the eighth paragraph of Article 59 the right to the benefit of the official referred to in paragraph 1 of that article, who has been paid honorably, and for whom the effective date of dismissal, by using the option provided for in the eighth paragraph of that article, has been granted. has been suspended, to be charged to the municipality, whose competent authority on the basis of the Third paragraph of Article 59 the dismissal has been granted. Benefit shall be granted in accordance with the rules laid down by this municipality Article 125 of the Civil Service Act 1929 (b) has established benefits in respect of
3 The provisions of the Fourth paragraph of Article 62 shall apply mutatis mutandis to the official referred to in the first paragraph.
4 The provisions of the Fifth paragraph of Article 62 shall apply mutatis mutandis to the official referred to in the second paragraph.
(1) If, in the case of a change to the municipal classification, a municipality is part of a common procedure "Institute of Health Insurance Officers", and if an official, which is Article 62 Other 63 has a right to pay or a benefit, his participation in the institution derives from the authority of that municipality, the share of that municipality shall be borne by the municipality for which it is responsible for the costs of the municipality. Articles 62 Other 63 the right to waiting or benefit.
(2) If a municipality referred to in paragraph 1 is not affiliated to a common system of the 'Institute of Health Insurance Officers' but has taken a separate sickness insurance system, the provisions of the first paragraph shall be applicable mutatis mutandis.
1 The provisions of this Chapter shall apply, mutatis mutandis, to the staff involved in a common system which, in accordance with the provisions of the Article 41, first or second paragraph , it shall expire, except that such staff shall, for the time being, enter the service of the municipality referred to in the second sentence of the first paragraph of that Article.
2 The Member States of the province in question may declare the provisions of this Chapter mutatis mutandis to the staff involved in a common system which is due to the provisions of the Article 41, fourth or fifth paragraph , it shall be removed, except that:
(a) for the provisional purpose of the staff, the municipality or municipalities of which they are to be used in the approval of the termination;
b. the six-month period referred to in Article 59, third paragraph , starting on the day after the lifting of the procedure has been approved;
c. the right to watch or payment, intended in the Articles 62 and 63 , to be charged to the municipality (s) referred to in the A .
3 Deputed states of the province concerned may take the Articles 62 , 63 and 65 to apply mutatis mutandis to the staff involved in a common scheme, the employment of which, as a result of the application of the provisions of the Article 41, fourth or fifth paragraph , cannot reasonably be maintained, it being understood that the right to cash waiting or benefit of the kind in question is to be Article 62 Other 63 , and the share, for the purpose of Article 65 , to be charged to the municipality or municipalities to be referred to the amendment of the amendment to the common rules. The amount of the waiting or benefit shall be granted in accordance with the rules applicable to the official in question on the day before his dismissal.
Any person entered on the day preceding the date of re-classification as a pupil of a municipal school, established in a municipality of a change in the municipal division, shall be renown from that date until that school is situated. approved on the same conditions as they were previously valid.
1 To the extent that primary schools, special schools of primary education, special education schools, special schools and schools or institutions for special and secondary special education have been set up in respect of primary schools in the region the date of reclassification for any calendar year expired on that date Article 144, first, sixth and seventh members, of the Law on Primary Education Other Article 138, first, sixth and seventh members, of the Law at the centres of expertise This is done by the lectures of mayor and aldermen of the municipality to which that area is added.
2 In case of application of Article 145, First paragraph, of the Law on Primary Education Other Article 139, first paragraph, of the Law at the centres of expertise relating to any five-year period ending before the date of reclassification, the provisions of the first paragraph shall apply mutatis mutandis. For the five-year period under reclassification, the amount of overpayment for the period up to the year in which this date falls shall be determined in respect of the special schools or institutions established in the previous area, as if no reclassification has taken place.
3 If a settlement between municipalities is to be found in connection with the provisions of the preceding paragraphs, it shall be Article 50 shall apply mutatis mutandis in this respect.
1 In order to determine the benefit of Article 89 of the Law on Secondary Education For the five-year period under review as referred to in Article 88 (2) of that Act, the amount of the excess payment per pupil shall be calculated on any date by that date or the current calendar year calculated as if it had not been the other years of the period following the end of the calendar year in question.
2 The provisions of Article 68, third paragraph , mutatis mutandis, shall apply mutatis mutandis.
1 Without prejudice to the provisions of the second paragraph and of Article 71 on the date of re-entry, enter the archive documents of a municipality to be removed from the territory of the municipality to which the area of the municipality to be removed is added, or, where that zone is added to more than one municipality, to the municipality to be notified in the relevant reclassification scheme.
2 Also without prejudice to the provisions of Article 71 At the date of reclassification, all the municipal archives shall, relating exclusively to the previous area, proceed to the municipality to which that territory is added, except that the shipment as referred to in paragraph 1 shall be added to the territory. Article 12 of the Archives Act 1995 ( Stb. 276) shall be carried out if no reclassification had been carried out. A statement of the transition shall be made in accordance with the provisions of the Article 9 of the Act rules laid down for the disposal of archivedocuments.
3 The City Council and the Mayor and the College of Mayor and Keepers to which territory has been added shall, from the date of reclassification, have the right to have access free of charge to the archives of the municipality of the municipality for that date at any time before that date. or the municipality to which the archivedocuments have been transferred under the provisions of paragraph 1, and to recover from the municipality the copies or extracts of extracts from those archives, in so far as they relate to: have been on the added field.
4 By amendment of a provincial border, the provisions of the second and third paragraphs shall apply mutatis mutandis in respect of the transfer of provincial archives.
1 For persons with an address in the previous area, the address shall be changed to the basic registration by the mayor and aldermen of the municipality to which the area is added.
2 As the date of change of the body name, the date of reclassification applies.
The person register, for which the mayor and aldermen of a commune being removed are responsible for the implementation of the Basic registration law , shall be transferred by the Mayor and aldermen of this municipality to the College of Mayor and Mayor of the Municipality to which the area of the municipality to be removed shall be added, or, if that area to more than one municipality, to be removed. shall be added to the municipality to be indicated in the reclassification scheme in question.
Cost of assistance as referred to in the Articles 40 and 42 of the Law and Assistance Act and cost of support for labour-switching, intended to Article 10 of that Act in the case of persons who have been, or have been, in over-territory, on or before the date of reclassification, from the date of the said date, they shall be charged to the municipality to which that territory was added.
As regards matters, conscription, including mobilization benefits, as well as the emergency waiting for, the regulations, by or on behalf of our Minister of Defence, are either by Royal Decree or by or on behalf of the Minister of Defence. Mr President, on behalf of our Minister on the move, it applies mutatis mutandis to persons who are transferred from one town to another under the reclassification scheme of a municipality.
One of the road sections of roads, situated in the new municipality, is a new road vehicle, taking account of the Articles 34-38 of the Wegenwet Act , except that the design of the semitrailer may also be drawn up by the Member States of the province concerned. As long as this new semi-trailer has not been established, the existing road trailers remain in force.
2 In so far as the territory not added to a new municipality is concerned, the Member States shall take the appropriate routes from the road-trailer of the municipality to which the territory concerned belongs before the date of reclassification; and They shall apply to the semi-trailer of the municipality to which that territory has been added, with the application, if necessary, of the Articles 39-42 of the Wegenlaw .
3 In the case of a change of municipal classification or a border correction, the province concerned shall deliver to the Minister of Finance the relevant basic information, intended to be used within two months of the entry into force of the reclassification scheme. Article 29, first paragraph, of the Redistribution Of Road Management Law .
4 If a municipality is abolished and as a result the benefit, intended in Article 32, second paragraph, of the Redistribution Of Road shall no longer be able to provide other maintenance agents, the reclassification scheme shall designate another municipality in this regard as a legal successor.
A reclassification scheme shall not affect the jurisdiction of the courts or the parties in respect of cases, on the day preceding the date of re-classification, before any court.
A reclassification scheme shall not be restricted as a result of the area within which notaries appointed before the date of reclassification exercise their duties.
1 The boards of municipalities involved in a change in the municipal division prior to the date of reclassification shall ensure by mutual agreement that the provisions to be taken in order to change the classification as from the date of reclassification shall be taken from that date. be prepared in good time. Provision, preparation of the transfer of civil servants, is the subject of consultation with the associations of civil servants ' associations and of consultation with the works councils of the municipalities concerned.
2 The Member States have been deputised for the setting up of the joint consultation between the municipalities as referred to in paragraph 1.
1 If the proposal of law, which contains new provisions relating to communes ( Municipal law , Chamber 19 403) becomes law and enters into force, expires Chapter XI of the General Rules Act reclassification Our minister is in a position to adjust the citations of articles in that law.
2 If the proposal of law, laying down new provisions relating to provinces ( Provincial Law , Room 19 836) until law is elevated and enters into force, expires Chapter XII of the General Rules Act reclassification Our Minister is in a position to adjust the citation of articles in that law.
This Law shall enter into force on a date to be determined by Royal Decree.
This law may be cited as: General Rules Reclassification Act .
Burdens and orders, which are in the State Sheet will be placed, and that all ministries, authorities, colleges and civil servants, who so concern, will keep their hands on the precise execution.
Issued at The Hague, 24 October 1984
Beatrix
The Minister of the Interior,
Reed Church
Published on the 30th October 1984.The Minister of Justice,
F. Korthals Altes
