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Igd-3564-2008 Order, Of 26 November, Which Is Delegated And Approve Delegations Of Competences In The Administrative Organs Of The Department And Its Dependent Public Organizations.

Original Language Title: ORDEN IGD/3564/2008, de 26 de noviembre, por la que se delega y se aprueban las delegaciones de competencias en los órganos administrativos del departamento y sus organismos públicos dependientes.

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TEXT

Royal Decree 432/2008 of 12 April ("BOE" of 14), of restructuring of the ministerial departments, created the Ministry of Equality. Its basic organic structure was established by Royal Decree 438/2008, of 14 April ("BOE" of 16), proceeding under Order IGD/1375/2008, of 14 May, to delegate powers to the organs of the department created to date. Developed the basic organic structure of the Ministry by Royal Decree 1135/2008, of July 4, it is necessary to regulate in a complete way the delegations of competences taking into account the units and organs created by the referred royal decree. In this Order, as already happened in the previous 1135, both delegated and delegated powers are included in different bodies of the department, as well as the delegations made by the Secretariat and the Secretariat. General of Equality Policies in other bodies, which requires, in turn, the approval of the Minister, as provided for in the additional provision of the Law of Organization and the Functioning of the General Administration of the State. In addition, delegation of powers to bodies of the Institutes of Women and Youth is being carried out, in which case the Minister's approval is not only necessary, but also the acceptance of the exercise of such powers. functions by the delegated bodies which receive them. In its virtue, according to the provisions of Article 13 of Law 30/1992, of November 26, in the additional provision of Law 6/1997, of April 14, and in Article 20 of Law 50/1997, of 27 November, I have:

I. Responsibilities delegated by the Minister

First. Sub-Secretary for Equality.-The following powers are delegated to the holder of the Deputy Secretary for Equality:

1. In the field of staff: 1.1 The provision of free-appointment posts prior to public notice, with the exception of posts of deputy director-general.

1.2 The human resources management of the Department, in accordance with current legislation on personnel. 1.3 Disciplinary powers under the provisions in force, except for the separation of service. 1.4 The award of prizes and rewards. 1.5 The setting of the criteria for the assessment of staff and for the distribution of the productivity supplement or the legally intended performance incentives. 1.6 The call for and resolution of competitions for the provision of jobs, in accordance with the bases previously approved, as well as the determination of the members of the Valuation Commissions. 1.7 The proposal for approval or amendment (a) the employment relationship between the Department and its dependent public bodies, as well as the modification of the employment relationship in cases where expressly authorized by the Ministries of Public administrations and the Economy and Finance. 1.8 The call for and resolution of the selective tests for permanent, new income when they include vacancies in the Department, unless it has been expressly delegated to another body. 1.9 The call for and resolution of the transfer competitions and the processes of internal promotion of labour personnel when they include vacancies of the Department. 1.10 The reallocation of personnel as a result of an Employment Plan.

2. In the field of procurement and collaboration agreements:

2.1 All which the legal system attributes to the head of the Department in the field of procurement, including the approval of expenditure, except those for which the exercise is delegated to other administrative bodies of the department.

2.2 Competition, not attributed or delegated to other bodies, for the conclusion, including the approval of expenditure and in its field of competence, of collaboration agreements or similar instruments with public entities, with the exception of of the Autonomous Communities, and with natural or legal persons subject to private law where the contribution of the Department or the amount of the obligations of economic content that it assumes does not exceed € 300,000, as well as those without (a) to be determined or not to involve the assumption of economic obligations. 2.3 The management procedures which may be formalised by agreement, pursuant to Article 15 of Law No 30/1992 of 26 November 1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure and Article 4.1 (n) in relation to 24.6 of Law 30/2007 of 30 October of Contracts of the Public Sector, the economic content of which does not exceed EUR 300,000.

3. In the field of economic, financial and budgetary management:

3.1 The authorisation referred to in Article 8.1 of Royal Decree 462/2002 of 24 May 2002 for compensation for the service, for compensation for the exact amount of the costs incurred in the commissions of the service by the holders of the Secretariat, the General Secretariat for Equality Policies and Directorates-General or assimilated to the Department.

3.2 The establishment of the system of fixed cash advances of the Department through the Paying Fund. 3.3 The approval of rules for the issuing of payment orders to justify as well as the one provided for in Article 79.2 of the Law 47/2003 of 26 November 2003 on the authorisation of the issuing of payments to be justified. 3.4 The approval of dossiers for budgetary changes, competence of the Minister, and the referral of proposals for changes in appropriations for which the Ministry of Economic Affairs and Finance is entitled. 3.5 expenditure commitment, the recognition of the obligation and the proposal for the management of payments, which are dealt with by the Department's budget, with the exception of those delegated to other bodies. 3.6 The authorisation of the refund of undue income. 3.7 The approval or conformity to the accounts that the Ministry has to render to the Court of Auditors through the General Intervention of the State Administration.

4. In matters of wealth management:

4.1 The acts of management of the patrimony assigned to the Ministry or the patrimony of the public agencies that are dependent on it, without prejudice to the own competences of each organism and of those delegated to other organs.

4.2 The powers conferred on the Minister by the legal order for the disposal of movable property, the value of which, at the time of the valuation for sale, is less than 25% of the acquisition. 4.3 The request to the Ministry of Economy and Finance for the affectation of buildings.

5. In relation to other competencies:

5.1 The approval and modification of the department's editorial program.

5.2 The powers relating to the internal system or the management of administrative services and the management of personnel assigned by the legal system to the holder of the Department and not delegated expressly in other organs. 5.3 The resolution of the procedures for the ownership of public administrations and the extraordinary review resources, as well as the request for the mandatory opinion of the State Council in both cases. 5.4 The fulfilment of the economic obligations, including the payment of costs, derived from judgments given in proceedings in which the Ministry of Equality had been a party.

Second. General Secretariat for Equality Policies. -The following powers are delegated to the holder of the General Secretariat for Equality Policies, without prejudice to the powers delegated to other bodies:

1. In the field of conventions: 1.1 Competition to subscribe, in its field, cooperation or collaboration agreements, or similar instruments with public entities, with the exception of the Autonomous Communities, and with natural or legal persons subject to the private law where the contribution of the Department or the amount of the obligations of economic content that it assumes does not exceed EUR 300 000, as well as those without a certain amount or which do not involve the assumption of obligations of content economic.

2. In the field of procurement:

2.1 Competition to deal with and approve the expenditure of the contracts covered by Articles 95 and 122.3 of Law 30/2007 of 30 October of Contracts of the Public Sector, in respect of the appropriations of service 03 of the Budget Department expenses.

3. In the field of grants:

3.1 With regard to the appropriations entered in service 03 of the Department's Expenditure Budget, the granting, commitment of expenditure, recognition of the obligation and the proposal of the budget are delegated to the Department of Expenditure of the Department. ordering payments derived from them, in the terms provided for in Law 38/2003 of 17 November, General of Grants and, where appropriate, the processing of the reimbursement procedures, as well as the exercise of the sanctioning power.

Third. Technical Secretariat-The exercise of the following powers is delegated to the holder of the Technical General Secretariat:

1. The resolution of the administrative resources that correspond to it, with the exception of the extraordinary resources of review and the interpositions against resolutions of the General Secretary of the Technical General.

2. The resolution of the pre-employment complaints that correspond to it. 3. The provision of compliance with judgments handed down by the courts of the administrative-administrative order. 4. The fixing of the price of the publications included in the editorial program of the Department. 5. The jurisdiction to answer the requirements set out in Article 44 of Law 29/1998 of July 13, Regulatory Jurisdiction-Administrative Jurisdiction.

Fourth. Cabinet of the Minister. -It is delegated to the head of the Directorate of the Cabinet of the Minister the exercise of the competence to sign the conformity of the invoices regarding the compensation of the expenses of the staff with special task escort and drivers attached to the Minister for Equality, referred to in the additional seventh and eighth provisions of Royal Decree 462/2002 of 24 May 2002 on Indemnities for the purpose of the service.

Fifth. Government Delegation for Gender Violence. -It is delegated to the head of the Government Delegation for Gender Violence to exercise the following powers, without prejudice to the powers delegated to other bodies:

1. In the field of procurement: 1.1 Competition to deal with and approve expenditure in the contracts covered by Articles 95 and 122.3 of Law 30/2007 of 30 October of Public Sector Contracts in respect of the appropriations entered in the Service 04 of the Department's Expenditure Budget.

2. In the field of grants:

2.1 The granting of grants in the field of their competences, in respect of the appropriations entered in service 04 as well as the approval, the commitment of expenditure, the recognition of the obligation and the proposed management of the payment, derived therefrom, in the terms provided for in Law 38/2003, of 17 November, General of Grants and, where appropriate, the processing of the proceedings of drawback, as well as the sanctioning power.

Sixth. Deputy Director General for Programming and Economic and Budgetary Management and Personnel. -The following competencies are delegated to the holder of the General Subdirectorate General:

1. The competence to approve and commit the expenditure up to 200,000 euros, recognize obligations and to propose the payment of the economic obligations of the programs of expenditure of the budget of the Department, except Chapter I.

2. The approval of the expenditure files, the authorization of their commitment, the recognition of the obligation and the proposal for payment management from the budget of the Department, as well as the issue and authorization of the corresponding accounting documents, all relating to the appropriations of Chapter I, staff expenditure, and Chapter 8, relating to advances reintegrable to officials and staff. 3. All powers not delegated to other bodies of the head of the department as a contracting authority, in relation to contracts whose initial budget, including taxes, does not exceed EUR 200,000. 4. The approval of the expenditure and management of the payment under the fixed cash advances, as well as the authorization of the accounting documents necessary for the replenishment of funds and imputation to the budget of the expenditure incurred, within the limit of the specific budget consignment to be reported at any time. 5. The issuing of payment orders to justify. 6. The approval of the account supporting the obligations satisfied under the fixed-box advances and the supporting accounts of the payments to be justified, after they have been audited, as well as their referral to the Court of Auditors, except as expressly delegated to other bodies. 7. The jurisdiction to agree to the cancellation or return of the warranties of any kind constituted before the Department. 8. The competence to formalise the employment contracts of the labour force in the terms set out in the relevant call, without prejudice to the powers delegated to other bodies. 9. The authorization, prior to the report of the Ministry of Economy and Finance, of the payment of assistance for the participation in courts and organs for the selection of personnel referred to in Article 29 of Royal Decree 462/2002, of 4 May, on compensation for the service.

Seventh. Sub-Directorate-General for Electronic Administration, Technical Services and the Internal Regime. -The exercise of the responsibilities of the holder of the Department as a contracting authority shall be delegated to the holder of the General Subdirectorate the scope of powers of the General Subdirectorate in respect of contracts with an initial budget of not more than EUR 200,000.

II. Powers delegated by the holder of the Deputy Secretary for Equality

Eighth. Technical Secretariat-The delegation is approved in the holder of the Technical General Secretariat for the exercise of the following responsibilities of the Under-Secretary for Equality:

1. The resolution of the administrative resources, with the exception of the extraordinary resources for review and the actions brought against acts of the holder of the Technical General Secretariat.

2. The resolution of the pre-employment complaints that correspond to it.

Ninth. Sub-Directorate-General for Programming and Economic and Budgetary Management and Personnel.-The delegation is approved in the holder of the Subdirectorate-General of the following powers of the Under-Secretary:

1. To agree the service commissions for the performance of posts in the Department, as well as between the Department and the Public Bodies that are dependent on it and between them, with respect to the personnel assigned to the Department, including the bodies concerned.

2. In respect of personnel assigned to the Department, with the exception of Public Bodies attached:

(a) Recognition of the acquisition and personal change of the official staff.

(b) The authorization of the indemnities for the service of the official and labor personnel within the national territory, with a duration of less than four days, including travel.

3. With regard to the official staff seconded to the central departments of the Department, all acts of unattributed and unattributed ordinary administration and management are delegated to other bodies, in particular the following functions:

(a) Give possession and cease to the officials in the jobs to which they are intended.

b) Recognition of previous services. c) The recognition of trienes. d) The granting of permits and licenses. e) Control of the fulfillment of days and schedules. (f) The granting of voluntary leave. g) The declaration of forced retirements and physical incapacity. (h) The authorisation of the assistance of staff assigned to the department's central services to courses in selection, training and further training.

10th. Public bodies attached to the Department.-The delegation of the holder of the Deputy Secretary for Equality, after approval of the highest management body of each body, is approved in the persons holding the Subdirectorates General and General secretariats of the Autonomous Bodies entrusted with the management of staff, the exercise of the following powers:

1. The recognition of the previous services, under Law 70/1978, of December 26.

2. The declaration of forced retirements and permanent incapacity. 3. The granting of voluntary leave. 4. The temporary attribution of functions. 5. The recruitment of staff within the procurement plans approved by the Ministry. 6. The authorization for assistance to courses of selection, training and improvement. 7. The taking of possession and the cessation of the jobs to which they are intended. 8. The granting of permits and licenses. 9. Recognition of trienes. 10. Recognition of excess care for the care of children and family members. 11. Control of the fulfillment of days and schedules. 12. The exercise of disciplinary authority for minor faults. 13. The ordinary management and administration of the staff deriving from the tasks of which the exercise is delegated.

III. Powers delegated by the holder of the General Secretariat for Equality Policies

13th. Technical Secretariat-The delegation is approved in the holder of the Technical General Secretariat for the exercise of the following powers of the head of the General Secretariat for Equality Policies:

The resolution of administrative resources, with the exception of extraordinary review resources.

IV. Other provisions

Additional disposition first. Control of the delegations.

The delegations made shall be governed by the provisions of Articles 13 and 14 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Additional provision second. Supply.

1. In the cases of absence, vacancy or sickness of the holders of the delegated bodies, they may be supplied in the exercise of the powers delegated to them by the holder of the competition. The supply thus determined shall not alter the delegation made in favour of the body which is supplied.

2. Acts which are given in accordance with the provisions of this Regulation shall expressly state such circumstances and shall be deemed to have been given by the delegating authority.

Additional provision third. Authorization to hire in the Public Bodies of the Department.

The amount referred to in Article 292.5 of Law 30/2007 of 30 October of Contracts of the Public Sector, from which authorization for the conclusion of the contracts of the public sector will be necessary, is fixed at 300,000 euros. public bodies attached to the Department.

Repeal provision.

Order IGD/1375/2008 of 14 May 2008 is hereby repealed and the delegations of the exercise of powers in the administrative bodies of the department and its dependent public bodies are hereby approved.

Single end disposition. Entry into force.

This Order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, November 26, 2008. -Minister of Equality, Bibiana Aido Almagro.