Article 5 of Royal Decree 438/2008 of 14 April, approving the basic organic structure of the Ministry of Health, introduces certain changes in the internal organizational scope of the Ministry of Education. Interior. Thus, in the sphere of competence of the Secretariat of State of Security, and in order to confront the increase of competences and the mass of the prisons, and to strengthen the alternative measures, the General Directorate of the Institutions Penitentiary rises in rank, going to be a General Secretariat, and with two general directions: the Management of Resources, and the Territorial Coordination and the Open. In relation to the above, and in order to achieve greater efficiency and rationalisation in the operation of the Autonomous Body Labour Prison and Training for Employment, the Statute of which was approved by the Royal Decree 868/2005, of July 15, is decentralized some of the functions that until now have fallen on the president of the same, that is, the General Secretariat of Penitentiary Institutions. To these effects, the figure of the Vice-President, who will assume the presidential functions in the cases of absence, illness or impediment of the President and the delegates by himself, is introduced, without this being diminished the essential activity of the President, maintaining the latter's responsibility for the direction and impetus of the autonomous body and its organs, the powers conferred on it as a contracting authority, the accountability of the Court of Auditors in accordance with the budgetary rules, as well as the other functions conferred on it in accordance with the legal order. On the other hand, after the legislative changes operated by the new Law 30/2007 of 30 October, of Public Sector Contracts, and since Article 2 (c) of the Statute of the autonomous body is attributed as a function of industrial, commercial or analogous activities and, in general, of how many operations are related to the prison work or are entrusted to the General Secretariat of Penitentiary Institutions for the fulfillment of the purposes that are own, it is amended in order to incorporate the provisions of the said Law 30/2007 into it, of 30 October, establishing in this way the legal framework necessary to regulate those functions. That law provides, in the sixth paragraph of Article 24 thereof, that the condition of its own means and the technical service of the entities fulfilling the criteria referred to in that paragraph must be expressly recognized by the rule that it believes or by its (a) the statutes, which must be determined by the institutions in respect of which they have this condition, and specify the arrangements for which they may be granted or the conditions under which they may be awarded contracts, and shall determine for them the failure to participate in public tenders called by the contracting authorities of those who are own resources, without prejudice to the fact that, where no tenderer is present, they may be responsible for the performance of the benefit. Since the Autonomous Body Labour Penitentiary and Training for Employment meets the conditions laid down in Article 24 (6) of that Law 30/2007 of 30 October, in order to have such a condition, a third paragraph is added Article 11 of the Staff Regulations, expressly recognizing the requirements and characteristics of the relations between that autonomous body and the contracting authorities of which it is a means of its own and technical service. So:

The instrumental and non-contractual character of these relationships is recognized.

It is regulated the assumption that, when the execution of works, the manufacture of movable property or the provision of services by the Agency is carried out with the collaboration of private entrepreneurs, the amount of the part of The benefit of the benefit shall be less than 50% of the total amount of the project, supply or service. The method of determining the amount of works, works, projects, studies and supplies carried out by the agency as its own means is regulated.

Therefore, in order to adapt the legal system of the autonomous body to the new legislation, and in accordance with the provisions of the second paragraph of Article 63 of Law 6/1997 of 14 April of the Organization and Operation of the General Administration of the State, its Staff Regulations are amended.

In its virtue, at the initiative of the Minister of the Interior, on the proposal of the Ministers of Public Administrations and of Economy and Finance, and after deliberation of the Council of Ministers at its meeting of the 28th of November 2008,

D I S P O N G O:

Article first. Amendment of Royal Decree 868/2005 of 15 July 2005 approving the Statute of the Autonomous Body Labour Penitentiary and Training for Employment.

Royal Decree 868/2005 of 15 July, approving the Statute of the Autonomous Body Labour Penitentiary and Training for Employment, is amended as follows: One. The additional first provision is worded as follows:

" Additional disposition first. Integration of the Social Assistance Commission.

The Social Assistance Commission, referred to in Article 74 of the Organic Law 1/1979, of 26 September, General Penitentiary, is a member of the Inter-Administrative Cooperation Agency at the General Secretariat of Penitentiary Institutions. "

Two. The first paragraph of the second provision is worded as follows:

" 1. The Social Assistance Commission shall be composed of a president, who shall be the Director-General of Territorial Coordination and the General Secretariat of the General Secretariat of Penitentiary Institutions, and the following vowels: (a) Integration of the Immigrants of the Ministry of Labour and Immigration.

b) The Director General of Social Policy at the Ministry of Education, Social Policy and Sport. c) A representative of each autonomous community who voluntarily decides to be part of the body. d) A representative of the Spanish Federation of Municipalities and Provinces. "

Article 2. Amendment of the Statute of the Autonomous Body Labour Penitentiary and Training for Employment.

The Statute of the Autonomous Body Labour Prison and Training for Employment is amended as follows: One. The first, fourth and fifth paragraphs of Article 1 are worded as follows:

" 1. Prison Work and Training for Employment is an autonomous body provided for in Articles 43.1.a) of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, attached to the Ministry of Employment Interior through the General Secretariat of Penitentiary Institutions.

4. Prison Work and Training for Employment will be governed by Law 6/1997 of 14 April; by Law 50/1998 of 30 December, of tax, administrative and social measures; by Law 30/1992, of 26 November, of Legal Regime of Public Administrations and the Common Administrative Procedure; by Law 30/2007, of 30 October, of Public Sector Contracts; by Law 47/2003, of 26 November, General Budget; by Law 33/2003, of 3 November, of the Assets of the public authorities; by this Statute; and by the other legal provisions applicable to the autonomous bodies of the State Administration. 5. The Ministry of the Interior is responsible for the strategic direction, evaluation and control of the results of its activities, through the General Secretariat of Penitentiary Institutions. It also corresponds to the control of effectiveness, without prejudice to the competences attributed to the General Intervention of the State Administration in terms of the evaluation and control of the results of the public bodies members of the sector State public. "

Two. Article 2, paragraph c, is read as follows:

(c) The implementation of industrial, commercial or analogous activities and, in general, how many operations relate to the prison work or are entrusted to it by the Ministry of the Interior, the General Secretariat of Penitentiary institutions and the contracting authorities dependent on it, for the fulfilment of its own purposes. "

Three. The first paragraph of Article 4 is worded as follows:

" 1. The Autonomous Body Labour Penitentiary and Training for Employment shall have as their maximum steering bodies the following:

a) The President.

b) The Vice President. (c) The Management Board. (d) The Manager. "

Four. The first paragraph of Article 5 is worded as follows:

" 1. The President shall be the General Secretariat of Penitentiary Institutions. "

Five. An Article 5a is added as follows:

" Article 5a. The Vice President.

1. The Vice President will be the Director General of Resources Management of the General Secretariat of Penitentiary Institutions.

2. The Vice-President shall assume the exercise of the presidential powers in the cases of absence, illness or impediment of the President, as well as those delegated to him by the President of the body. In the case of a vacancy in the Chair of the Autonomous Body Labour Prison and Training for Employment, the latter shall be exercised by the Vice-President as interim President of the Agency. "

Six. The first and second paragraphs of Article 6 are worded as follows:

" 1. The Board of Directors shall be composed of the President and the following members: (a) The Vice-Chair of the Autonomous Body Labour Penitentiary and Training for Employment.

b) The Director General of Territorial Coordination and the Open. c) The Deputy Directors-General of Penitentiary Services, Treatment and Prison Management, Open and Alternative Measures, and Penitentiary Inspection, of the General Secretariat of Penitentiary Institutions. (d) A representative of the State of the Interior Ministry, a representative of the Delegation of the Ministry of the Interior and the Head of the Office of the Budget Office of the Ministry of the Interior. (e) A representative of the General Secretariat of Employment of the Ministry of Labour and Immigration, appointed by its holder, with the organic level of deputy director-general. f) A representative of the Ministry of Economy and Finance. (g) The Manager of the autonomous body, who shall perform the duties of the Secretary of the Board of Directors, with a voice and vote.

2. In the case of vacancy, absence or illness of the Manager of the body, the duties of secretary shall be placed on the Deputy Director General of Penitentiary Treatment and Management. "

Seven. Article 7 (c) and (g) shall be worded as follows:

"c) Approve the action plan of the agency, in coordination with that of the General Secretariat of Penitentiary Institutions."

"g) How many matters are entrusted to you by the General Secretariat of Penitentiary Institutions in relation to the purposes of the body, within the framework of the legally attributed powers."

Eight. Paragraphs (c) and (e) of the second paragraph of Article 8 are worded as follows:

" c) The economic and financial direction, as well as the management of the assets and rights belonging to the body and the updating of its inventory for its conservation, correct administration and legal defense. In particular it is responsible for the preparation of the preliminary draft annual budget of the body, as well as its accounts, and the preparation of plans, programmes and objectives in coordination with the action plan of the General Secretariat of the Institutions. Penitentiary. '

" (e) Communication with other bodies, entities and individuals having a bearing on the body's own purposes, without prejudice to the functions of representation corresponding to the General Secretariat of the Institutions Penitentiary. '

Nine. The second paragraph of Article 11 is worded as follows and a new third paragraph is inserted in the following wording:

" 2. The contracting regime for the autonomous body will be determined by Law 30/2007 of 30 October of Public Sector Contracts.

3. Prison Labour and Training for Employment has the consideration of contracting authority for the purposes set out in the third paragraph of Article 3 of Law 30/2007 of 30 October of Public Sector Contracts. The autonomous body has the status of its own means and technical service of the Ministry of the Interior, the General Secretariat of Penitentiary Institutions and the contracting authorities dependent on it, being obliged to carry out the the work entrusted, giving special priority to those who are urgent or who are ordered as a result of the emergency situations declared. The relations of the body with the contracting authorities of which it is a means of its own instruments and technical service, are of an instrumental and non-contractual nature, being articulated through the management of those provided for in the sixth paragraph Article 24 of Law 30/2007 of October 30, therefore, to all intents and purposes, are of an internal, dependent and subordinate character. The communication carried out by these contracting authorities by taking action to the body shall be the order for initiating it. The body may not participate in the procedures for the award of contracts called by the contracting authorities of which it is its own. However, where no tenderer is present, the performance of the activity under public invitation to tender may be entrusted to that body. In the event that the execution of works, the manufacture of movable property or the provision of services by the body is carried out with the cooperation of private entrepreneurs, the amount of the part of the benefit to be provided by the undertaking shall be less than 50 percent of the total project, supply, or service amount. The amount of works, works, projects, studies and supplies carried out by the agency shall be determined by applying the corresponding rates to the units. Such tariffs shall be calculated in such a way as to represent the actual costs of implementation and their application to the units produced shall be justified by the investment or the services carried out. The preparation and approval of the tariffs will be carried out by the General Secretariat of Penitentiary Institutions, in accordance with the procedure laid down in the regulations. The competence to carry out the ex officio review of the preparatory acts and the award of contracts concluded by the body as a means of its own instruments, as well as to resolve the special procurement procedure, shall correspond to the Minister of the Interior. "

Single repeal provision. Regulatory repeal.

All the provisions of equal or lower rank that oppose the provisions of this royal decree are repealed.

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, on November 28, 2008.

JOHN CARLOS R.

First Vice-President of the Government and Minister of the Presidency, MARIA TERESA FERNÁNDEZ DE LA VEGA SANZ