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Royal Decree 1146 / 2012, Of 27 July Amending Royal Decree 358/1991, Of March 15, Which Is Rearranged The National Organization Of Blind Spaniards, The Royal Decree 415/1996, On 1 March, Which Establishes The Rules...

Original Language Title: Real Decreto 1146/2012, de 27 de julio, por el que se modifica el Real Decreto 358/1991, de 15 de marzo, por el que se reordena la Organización Nacional de Ciegos Españoles, el Real Decreto 415/1996, de 1 de marzo, por el que se establece las normas...

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TEXT

Royal Decree 1823/2011 of 21 December, which restructured the ministerial departments, attributes to the Ministry of Health, Social Services and Equality, the proposal and implementation of the Government's policy in (a) the subject, inter alia, of cohesion and social inclusion, of family, of protection of minors and of care for people in a situation of dependency or disability.

First of all, in the field of disability support policies there are two consultative and advisory bodies-the Commission on the protection of the heritage of persons with disabilities and the Council National of Disability-whose composition needs to be adapted to the current structure and configuration of the Ministry of Health, Social Services and Equality and other ministerial departments, with presence in the aforementioned bodies collegiates.

The Commission on the protection of persons with disabilities was regulated by Royal Decree 177/2004 of 30 January 2004 determining the composition, functioning and functions of the protection commission the heritage of people with disabilities.

On the other hand, Royal Decree 1855/2009 of 4 December 2009, which regulates the National Disability Council, established the Council as an inter-ministerial, consultative body, in which it was consulted. institutionalizes the collaboration of the associative movement of persons with disabilities and their families and the General Administration of the State, for the definition and coordination of a coherent policy of comprehensive care.

Secondly, it is also up to the Ministry of Health, Social Services and Equality to protect the State on the Spanish Red Cross, through its Protection Board, and the State Protectorate on the National Organization of the Spanish Blind, through the Council of the Protectorate.

Thus, Royal Decree 415/1996, of March 1, establishing the rules for the management of the Red Cross, sets up the Council of Protection of the Spanish Red Cross, as a collegiate body of an inter-ministerial nature, attached to the Ministry of Social Affairs, which will facilitate the development of the purposes of the Spanish Red Cross, will ensure the observance of the legality and the correct application of its resources, will exercise the high inspection of the Institution and will promote the cooperation for the development of social solidarity within the framework of the institution.

On the other hand, Article 8 of Royal Decree 358/1991 of 15 March, for which the National Organization of the Blind Spanish is reordered, establishes that it is up to the Council of Protectorate to ensure compliance with the law, compliance with the aims of the organisation, the strict public control over its gaming activities, as well as the high inspection of all the services and activities of the organisation.

The recent restructuring of the ministerial departments operated by Royal Decree 1823/2011 of 21 December, which restructured the ministerial departments, Royal Decree 1887/2011 of 30 December 2011, by establishing the basic organic structure of the ministerial departments and the Royal Decree 200/2012 of 23 January, for which the basic organic structure of the Ministry of Health, Social Services and Equality is developed and amended Royal Decree 1887/2011, of 30 December, for which the organic structure is established The Council of Ministers of the European Parliament, the Council of the European Parliament and the Council of Protectorate of the National Organization of the Spanish Blind to the current structure of the departmental, in order to proceed to the correct updating of its organizational regime.

In its virtue, on the proposal of the Minister of Health, Social Services and Equality, with the prior approval of the Minister of Finance and Public Administrations and after deliberation of the Council of Ministers at its meeting of the 27th of July 2012,

DISPONGO:

Article first. Amendment of Royal Decree 358/1991 of 15 March, for which the National Organization of the Blind Spaniards is reordered.

Royal Decree 358/1991, of 15 March, for which the National Organization of the Blind Spanish is reordered (hereinafter ONCE), is amended as follows:

One. The first subparagraph of Article 7 (2) is worded as follows:

" 2. The Agreement of the Council of Ministers containing the authorization shall be adopted on a proposal from the holder of the Ministry of Health, Social Services and Equality or the Ministry which at any time has jurisdiction over the Council of Protectorate of the ONCE, in accordance with the headlines of the Ministries of Finance and Public Administrations and of the Interior, prior to the report of the Council of Protectorate and heard the General Council of the Organization and will define precisely the terms scope and duration of the authorization. "

Two. Article 7 (4) is worded as follows:

" 4. The ONCE will operate a state-wide lottery mode, called a "instant lottery" or "presorted", in the terms, conditions, scope and time limits provided for in Royal Decree 1336/2005 of 11 November, as amended by the Royal Decree 1706/2011, of 18 November, authorising the National Organization of the Spanish Blind to exploit an instant or presorted lottery. "

Three. The first subparagraph of Article 7 (6) is worded as follows:

" 6. To the object described in the previous paragraph, the ONCE shall forward the corresponding proposal to the Council of Protectorate which shall submit it to the Ministry of Finance and Public Administrations. "

Four. Article 8 (2) (b) is worded as follows:

" (b) Six vocations representing the General Administration of the State: two representing the Ministry of Health, Social Services and Equality, two representing the Ministry of Finance and Administrations Public; one on behalf of the Ministry of Employment and Social Security and one on behalf of the Ministry of the Interior, all exercised by a person with the rank of at least the Director General, designated by the holder of the respective department.

Each of the representatives of the administration will be replaced by an alternate vocal, with rank at least of director general, designated by the holder of the corresponding department. "

Five. Article 8 (3) (c) is worded as follows:

(c) Inform, with the agreement of the Ministries of Finance and Public and Internal Affairs and with a view to submitting to the Council of Ministers, the proposals that will be made in this respect authorisations which, in the field of the rules and game products authorised to the ONCE, are accurate as provided for in Article 7. "

Six. In Article 8 (3) (h), the term "qualified" must be replaced by "completed".

Seven. Article 9 (b) is worded as follows:

" b) Five vocations, two in representation of the General Administration of the State and three representatives of the highest level designated by the General Council of the ONCE. The two representatives of the General Administration of the State shall have at least the rank of director-general, one representing the Ministry of Health, Social Services and Equality and one representing the Ministry of Finance and Public administrations; both designated by the holder of the respective department.

Those who carry out the term in representation of the General Administration of the State shall be replaced by an alternate member, with the rank of at least the director general, appointed by the head of the corresponding department, and those who perform the vocaliases representing the ONCE shall be replaced by a high level alternate member designated by the General Council of the ONCE. '

Eight. The second final provision is worded as follows:

"All references of this royal decree to the department exercising the state protectorate on ONCE are understood to be carried out to the Ministry of Health, Social Services and Equality."

Article 2. Amendment of Royal Decree 415/1996, of 1 March, establishing the rules for the management of the Spanish Red Cross.

Royal Decree 415/1996 of 1 March, establishing the rules for the management of the Spanish Red Cross, is amended as follows:

One. Article 9 (2) is worded as follows:

" 2. The Spanish Red Cross Protection Board will have the following composition:

(a) President: The holder of the Ministry of Health, Social Services and Equality, who may delegate his duties to a member of the Council acting on behalf of the department itself.

b) Vocals:

1. Four representatives of the Ministry of Health, Social Services and Equality and one of each of the following ministries: Foreign Affairs and Cooperation, Justice, Defense, Finance and Public Administrations, Interior, Development, Education, Culture and Sport, Employment and Social Security, Agriculture, Food and Environment, and Presidency, level equal to or higher than that of director general and appointed all of them by the head of the respective department. As regards the Ministry of Defence, a General Officer may be appointed, where appropriate.

2. The President of the Spanish Red Cross.

3. Thirteen members of the National Committee of the Spanish Red Cross, elected by the same one from among the representatives of that institution.

4. The Secretary General of the Spanish Red Cross.

(c) Secretariat: The holder of the general sub-directorate or, as the case may be, the administrative body of the Ministry of Health, Social Services and Equality, which is assigned technical and instrumental assistance to the exercise of the State protection on the Spanish Red Cross, which will act with voice and without a vote.

Each of the members ' representatives shall be replaced by an alternate member, with a level equal to or greater than that of the director general, appointed by the holder of the corresponding department and each of the members. Representatives of the Spanish Red Cross will be replaced by an alternate member, from the highest level, appointed by the institution itself. The Secretary-General of the Council shall be replaced by the holder of another general sub-directorate or administrative body of the directorate-general carrying out the duties of guardianship on the Spanish Red Cross, designated by the Presidency.

They will also be able to attend as vowels, with a voice but without a vote, those people who are expressly called by the presidency. "

Two. The final first provision is worded as follows:

"All references of this royal decree to the department exercising the protection of the State on Spanish Red Cross are understood by the Ministry of Health, Social Services and Equality."

Article 3. Amendment of Royal Decree 177/2004 of 30 January determining the composition, functioning and functions of the Commission on the protection of the property of persons with disabilities.

One. Article 3 (2), (3), (4) and (5) of Royal Decree 177/2004 of 30 January 2004 determining the composition, functioning and functions of the Commission on the protection of the property of persons with disabilities shall be as follows: wording:

" 2. The Chair of the Secretary of State for Social Services and Equality shall hold the Chair of the Commission.

3. The first and second vice-presidents of the Commission shall hold them respectively, the person holding the Directorate-General for Disability Support Policies and the person appointed by the person holding the Ministry of Health, Services Social and Equality, on a proposal from the most representative public utility association in the State field of the different types of disability, which will replace, by their order, the one who holds the presidency in the cases of vacancy, absence or disease.

Likewise, the person holding the Ministry of Health, Social Services and Equality shall designate the alternate persons of both Vice-Presidencies for the alleged absence, vacancy or disease.

4. The persons holding the terms of the Commission at any time shall be:

(a) Seven on behalf of the General Administration of the State, designated by the person holding the Ministry of Health, Social Services and Equality, on a proposal from each competent department, in accordance with the following distribution:

1. By the Ministry of Health, Social Services and Equality, four representatives, one of the Directorate General for Family and Children's Services, one of the Directorate-General for Disability Support Policies, one of the of the Institute of Older and Social Services, and one of the Directorate-General for Equal Opportunities.

2. A person who holds the word for each of the following Ministries: Justice, Finance and Public Administrations and the Presidency.

b) A person holding the vocalia on behalf of the Fiscal Ministry.

The alternate members of the vocalias representing the General Administration of the State and the Fiscal Ministry will be proposed by their respective ministerial departments and the Fiscal Ministry to be appointed simultaneously with the holders and in the same way.

(c) Eight representing the associative sector, representatives of the most representative public utility association at the state level of the different types of disability. Persons holding the term of office, as well as alternate persons for the cases of vacancy, absence or sickness, shall be appointed by the person holding the Ministry of Health, Social Services and Equality on a proposal from the association. corresponding.

5. The Secretariat of the Commission, with a voice but without a vote, shall be held by the person holding the Deputy Director-General for Coordination and Management of the Directorate-General for Disability Support Policies. In the case of vacancy, absence or illness, it shall be replaced by the titular person of the General Subdirectorate of Participation and Tutelated Entities, attached to the same General Directorate. "

Two. The single additional provision becomes the first additional provision and an additional second provision is added with the following wording:

" Additional Disposition Second. References to certain administrative bodies.

The references that in this royal decree are made to the Ministry of Health and Social Policy or the Ministry of Equality, to the General Secretariat for Social Policy and Consumption and to the Directorate General for Policy Coordination Sectorial on Disability, they will be understood, respectively, to the Ministry of Health, Social Services and Equality, to the Secretariat of State for Social Services and Equality and to the Directorate General for Policy of Support to the Disability.

Also, references to the Ministry of Economy and Finance will be read to the Ministry of Finance and Public Administrations. "

Article 4. Amendment of Royal Decree 1855/2009 of 4 December 2009 governing the National Disability Council.

Royal Decree 1855/2009 of 4 December 2009 governing the National Disability Council is amended as follows:

One. Article 5 (1) and (2) shall have the following

:

" 1. The first deputy shall be the head of the Secretary of State for Social Services and Equality, who shall replace the person holding the chair in the event of a vacancy, absence or illness.

2. The second person shall be the second person to be the head of the Directorate-General for Disability Support Policies, who shall replace the person holding the chair in the event of a vacancy, absence or illness, in the absence of the person holding the post. the first vice presidency. "

Two. Article 6 (1) is worded as follows:

" 1. They shall be members of the Council, ensuring balanced participation on the basis of gender:

(a) Sixteen vowels representing the General Administration of the State, depending on their competence in matters directly or indirectly related to persons with disabilities and their families, according to the next distribution:

1. By the Ministry of Health, Social Services and Equality, the persons holding the following bodies: Directorate General of the Institute of Older and Social Services, Directorate General of Public Health, Quality and Innovation, Directorate-General for Equal Opportunities and Directorate-General for Family and Children's Services.

2. º By other Departments, a representative person, with the rank of head of a Directorate-General, of the following Ministries: Foreign Affairs and Cooperation, Justice, Defense, Finance and Administrations Public, Interior, Development, Education, Culture and Sport, Employment and Social Security, Industry, Energy and Tourism, Agriculture, Food and Environment, the Presidency and the Economy and Competitiveness.

b) Sixteen vocal representatives of the most representative public utility associations at the state level to bring together the most representative organisations of the different types of disability. "

Three. Article 10 (3) is worded as follows:

" 3. The words of the Standing Committee shall be exercised:

(a) Six of the members of the plenary sitting on behalf of the General Administration of the State for the following ministries: Justice, Finance and Public Administration, Public Works, Education, Culture and Sport, Employment and Social Security, and Economic and Competitiveness.

(b) The persons who hold the General Directorate of the Institute of Senior and Social Services and the General Directorate of Family and Children's Services.

(c) Eight of the members of the plenary sitting on behalf of the organisations of persons with disabilities and their families, appointed by the procedure provided for in Article 6.6.b). "

Four. A new third additional provision is added with the following wording:

" Additional provision third. References to certain administrative bodies.

The references that in this royal decree are made to the Ministry of Health and Social Policy, to the General Secretariat for Social Policy and Consumption and to the Directorate General for the Coordination of Sectoral Policies on the Disability, shall be construed as references to the Ministry of Health, Social Services and Equality, to the Secretary of State for Social Services and Equality and to the Directorate-General for Disability Support Policies. "

Single end disposition. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, July 27, 2012.

JOHN CARLOS R.

The Minister of Health, Social Services and Equality,

ANA MATO ADROVER