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Order Sco/1840/2002 Of 1 July, Why Are Published The Provisional Statutes Of The General Council Of Schools Of Prosthetic Dental.

Original Language Title: Orden SCO/1840/2002, de 1 de julio, por la que se publican los Estatutos Provisionales del Consejo General de Colegios de Protésicos Dentales.

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TEXT

Law 2/2001 of 26 March, establishing the General Council of Colleges of Dental Protesics, provides for the first transitional provision of the constitution of a management committee composed of a representative of each of the Colleges of Dental Protesics existing in the national territory, which shall draw up a statute of laws which shall include the rules for the establishment and functioning of the Governing Bodies of that General Council.

Elaborate, by that management commission, the indicated Statutes and verified their adequacy to the legality, it is appropriate, as provided for in paragraph three of the said transitional provision, to order their publication in the "Official State Gazette".

In your virtue I have:

First.

To publish in the "Official State Gazette" the Statutes of the General Council of Colleges of Dental Protesics, which are listed as an annex to this Order.

Second.

The Management Commission of the General Council of Colleges of Dental Protesics shall transmit to this Ministry a certified copy of the notice referred to in Article 23.1 of the Statute. This department shall also be sent, certified copy of the minutes of the constituent session of the General Assembly of the General Council.

Third.

This Order and the Interim Statutes listed in the Annex shall enter into force on the day following that of their publication in the Official Gazette of the State.

Madrid, 1 July 2002.

VILLALOBOS TALK

ANNEX

PROVISIONAL STATUTES OF THE GENERAL COUNCIL OF DENTAL PROSTHETIC SCHOOLS

General provisions

CHAPTER I

Nature and Functions

Article 1. Nature.

1. The General Council of Colleges of Dental of Spain is the coordinating and representative organ, both nationally and internationally, of the Professional Colleges of Dental Protesics existing in Spain.

2. The General Council has the status of Corporación de Derecho Público, with its own legal personality and full capacity to act for the fulfillment of its purposes, in accordance with the Law of Professional Colleges.

3. The address of the General Council of Colleges of Dental of Spain will be located in the capital of Spain temporarily, without prejudice to the possibility that it may change and that meetings may be held elsewhere in the Spanish territory.

Article 2. Skills and functions.

The competencies and functions of the General Council of Dental Colleges are those attributed by Law 2/1974 of February 13, of Professional Colleges.

CHAPTER II

Composition

Article 3. Composition of the General Council.

1. The Government of the General Council is governed by the principles of democracy, autonomy and participation of its members.

2. The General Council of Colleges of Dental of Spain is made up of collegiate bodies and single-person charges.

3. The Collegiate Bodies of the General Council are:

a) The General Assembly.

b) The Executive Committee.

4. The one-person charges of the General Council, which together constitute the Executive Committee, are:

a) The President.

b) The Vice President first.

c) The second vice president.

d) The Secretary.

e) The Deputy Secretary.

f) The Treasurer.

g) The Account Controller.

CHAPTER III

From the General Assembly

Article 4. Competencies.

1. The General Assembly is the organ of representation of the collegial in the General Council. Consequently, it assumes all the powers of the latter that require the direct participation or contribution of the collegians, and in particular the following:

(a) The approval of extraordinary credits for actions that would require the rights of the schoolgirls.

b) The functions of a normative character with respect to the collegiation, elaboration of the Statutes, Deontological Code and its developments in regulations and corresponding regulations.

c) Establish the framework of indicative fees to ensure a professional performance compatible with the quality of the service, without prejudice to the principles of free competition in the professional practice which the law of Professional Colleges and the Law of Defense of Competition.

d) Choose the Executive Committee.

e) Caesar to the Executive Committee or to some of his or her charges by adopting a vote of censure or censure.

f) The approval of ordinary and extraordinary budgets, and the annual accounts of the General Council.

g) Designate the Central Ethics Committee.

h) Establish the award scheme, prizes and awards, granted by the General Council.

2. The decisions of the Assembly are binding on all the Colleges and for the entire structure of the collegial organization.

3. The General Assembly may delegate any of its functions to the Executive Committee.

Article 5. Composition and share of votes.

The General Assembly consists of the following members:

1. The Presidents of all the Professional Colleges of Dental Protesics, who may be represented by their Vice-Presidents or the Board member in whom they delegate, each having one vote.

2. The members of the Executive Committee. As such, they shall not have a vote in the decisions concerning the General Assembly, but they shall vote for their respective College.

Article 6. Meetings.

1. The Assembly shall meet on an ordinary basis twice a year, without prejudice to the possibility of being convened in an extraordinary manner as many times as necessary.

2. The President shall convene the Assembly on an extraordinary basis when he so requests:

a) The Executive Committee.

b) One third of the members of the Assembly provided for in Article 5.1.

3. The notice shall be notified in writing, together with the Order of the day concerned, by the General Secretariat, on a mandate from the Presidency, at least 15 days in advance, except in cases of urgency, where it may be carried out by any a written record that is clear, forty-eight hours in advance.

4. Ordinary Assemblies, as well as the extraordinary assemblies, shall be validly constituted on the first call, when the majority of their members who represent the majority of the possible votes are present, provided that they are among them. President and the Secretary or those who replace them. On the second call, which must be held after thirty minutes of the time announced for the first call, it shall be validly constituted whatever the number of members present.

5. In the event of absence, the Presidents of the Colleges may be represented by the respective Vice-Presidents, or by the member of their Governing Board, in whom they have expressed their express and special responsibility for the Assembly, duly accredited.

6. Unless otherwise provided in these Statutes, the agreements shall be adopted by a simple majority of votes present and represented.

CHAPTER IV

From The Executive Committee

Article 7. From the Executive Committee.

The Executive Committee is responsible for:

a) The official representation of the General Council.

b) The implementation of the General Assembly agreements.

c) The control and supervision of the official expression organs of the General Council.

d) Coordination among Professional Colleges.

e) The elaboration of drafts of draft regulations, codes and other state-wide rules.

f) The approval of the predraft budgets of the General Council.

g) The care and maintenance of real estate, furniture, facilities and heritage, in general, of the Council.

h) Coordination and support for scientific societies linked to the Council.

i) The elaboration and issuance of reports on the legislative proposals of the General Administration of the State.

j) The execution of General Council budgets.

k) Resolving resources to the General Council, where it is the responsibility of the General Council.

(l) Exercise the disciplinary functions assigned to the General Council by the Statutes, and shall appoint, as appropriate, instructor and secretary, who shall instruct the file and make up the motion for a resolution which present to the Executive Committee.

m) Promote image measures of the profession.

n) Inform the Colleges of how many issues affect them.

Article 8. Meetings.

1. The Executive Committee shall draw up and adopt a Regulation to regulate its meetings and work organisation.

2. The Executive Board shall meet in plenary at least once a month, without prejudice to the fact that it can do so, in full or in a permanent Commission, more frequently.

3. The Standing Committee shall be composed, at least, by the President or the Vice-President, the Secretary, the Treasurer and a Vocal, and shall understand, by delegation from the Committee's plenary session, the matters delegated to it in the Rules of Procedure.

4. The calls, with the order of the day, shall be made by the Secretary by any means of written communication, with one week in advance, except in cases of urgency, in which the term may be shortened to twenty-four hours.

5. The agreements shall be adopted by a simple majority, with at least half of the members of the Executive Board being present.

CHAPTER V

From one-person charges

Article 9. From the President.

1. Corresponds to the President:

a) Represent the General Council in all acts and contracts, as well as before the authorities or Courts and Courts of the class that is, being able to grant the necessary mandates.

b) Authorize the reports and communications to be submitted, and execute or enforce the agreements adopted by the collegiate bodies.

c) Authorizing communications and writing that, as it is not a matter of course, corresponds to it.

(d) Visa, together with the Treasurer or any other person to whom the Executive Committee has expressly authorized, the payments to satisfy the obligations of the General Council and its subsidiary bodies.

e) Authorize certificates and certificates to proceed.

f) Call, chair and lift the sessions of the collegiate bodies, both ordinary and extraordinary, as well as maintain order and grant the use of the word, unless you expressly delegate to another member of the same.

g) To appoint by agreement of the Executive Committee, the commissions, presentations and working groups that it deems necessary for the best development of the function of the collegial organization and the study and resolution of the issues or interests who are competent to the Council, being able to do so directly, in case of urgency, in which case it shall give an account to the Executive Committee at the first meeting of the Executive Committee.

h) Chair or delegate the chairmanship of any commission, presentation or working group.

i) Inform the Council and its members, with the power of initiative, in all matters falling within the competence of the General Council itself.

j) All actions that are necessary to carry out the normal administrative and economic functioning of the General Council.

2. The President shall endeavour specifically to maintain the greatest harmony and brotherhood among the members of the General Council, seeking that any dispute between them, whatever the nature or nature, is resolved within the organization. The Council and the Council will ensure that the actions of the Council and the Colleges are tempered by the end of the coligation.

Article 10. Of the Vice-Presidents.

1. The Vice-President shall first carry out all the duties entrusted to him by the President, assuming the latter in the event of absence, sickness, abstention, recusal or vacancy, without the need for justification before third parties.

2. The Vice-President shall carry out all the functions entrusted to him by the President, assuming the latter in the case of absence, sickness, abstention, recusal or vacancy, of the President and the Vice-President, without any need for justification to third parties.

Article 11. From the Secretary.

Corresponds to the Secretary:

(a) Vellar for the execution of the agreements of the collegiate bodies, as well as the resolutions which, according to the Statutes, dictate the Presidency.

b) Custody the documentation of the College.

c) Perform all activities for the purposes outlined in the preceding paragraphs.

d) Auxiliary in its mission to the President and guide and promote how many professional technical initiatives need to be taken.

e) to extend the minutes of meetings of the General Council's collegiate bodies, to take account of the immediately preceding meetings, for their approval where appropriate, and to report, if appropriate, the matters to be dealt with at such meetings; and is entrusted to him by the President.

f) Take the census of collegiates of Spain, in a sign-register with all the data and specifications.

g) Take the necessary record books, extend the certificates they have issued, as well as the ordinary and circular communications that have been, where appropriate, authorized by the collegiate bodies or the President.

h) Propose and manage how many extremes are conducive to good administrative progress.

i) Address the tasks assigned to you by the Statutes, and any other tasks assigned to you by the Executive Board of the Council.

j) Take over the leadership of the staff and the General Council's offices.

k) Act with full powers in the exercise of the functions of his office. To do so, you can hear the guidelines and reports that according to the nature of the issues to be resolved, provide the Executive Direction, if any, the Legal Counsel and any other advice you consider relevant to obtain. These reports, however, will not be binding on the Secretary-General.

l) Compose Annual Memory.

Article 12. From the Deputy Secretary.

The Deputy Secretary shall carry out all the duties entrusted to him by the Secretary, assuming the latter in the event of absence, sickness, abstention, recusal or vacancy, without the need for justification before third parties.

Article 13. From The Treasurer.

Corresponds to the Treasurer:

(a) Raise and safeguard under its responsibility the funds belonging to the General Council, not being able to have in cash amount more than the Executive Committee agrees.

(b) To carry out, with due formalities, the books of entry and exit of funds, and must keep the proof of box to present them at any time that any of the members of the collegiate bodies so requests.

c) To formalize all quarters the corresponding income and expense accounts, subject them to the approval of the Executive Committee and giving you account of the cash status.

d) Enter and withdraw funds from current accounts, jointly signing with the President, Vice President, Secretary, or any other person that the Executive Committee has expressly authorized.

e) Constituency and cancel deposits by agreement of the Executive Committee by joining the President's signature.

f) Formalize, subject to the approval of the Executive Committee, the annual revenue and expenditure account of the Board.

g) Formulate the revenue and expenditure budget for the normal development of the Council during the following financial year.

(h) To inform the Executive Committee, when required, of the economic progress of the Council.

i) Browse and report the Treasury account every year.

j) Make the inventory of furniture, items and effects of the Council, and account annually of the entry and exit, as well as of the deterioration thereof.

k) Present in the sessions of the Executive Committee the relationship of the payments to be verified.

l) Those other functions entrusted to it by the Executive Committee.

Article 14. From the Financial Controller.

Internal control of the finances and accounts of the General Council are functions of the Financial Controller.

You will also control charges and payments and will intervene in all revenue and expenditure operations.

Together with the Treasurer, you will form the draft budgets and draw up the general accounts for approval in the General Board.

Will assume the functions of the Treasurer in case of absence, disease, abstention, recusal or vacancy, without the need for justification before third parties.

Article 15. Possibility of remuneration for single-person charges.

Some of the one-person positions of the General Council may be remunerated, on a reasoned proposal of the Executive Committee, for which the precise items in the annual budgets will be fixed, as well as the decoration of the expenditure on representation of the Council and the Executive Board.

CHAPTER VI

Duration, cessation and replacement of office of Government Bodies

Article 16.

1. The term of office of the Executive Committee arising from the provisional Statutes of the governing bodies, pursuant to the First Transitional Provision of the Law of Creation of the General Council of Colleges of Dental Protesics, Once approved the General Statutes, according to article 6.2 of the Law of Professional Colleges, at which time the corresponding electoral process will be opened, in accordance with the provisions of the Law of Creation and with what they determine the above General Statutes.

2. During this period they will be able to cease in their offices of the governing bodies for the following reasons:

a) Voluntary personal resignation.

b) Loss of statutory requirements to perform the job.

c) Lack of unjustified assistance to 40 per 100 of meetings convened in one year.

(d) Reprobation in accordance with the rules of these provisional Statutes.

e) Firm disciplinary action for serious or very serious misconduct, relapse by firm administrative, judicial or corporate resolution.

Article 17. Vacancies.

1. If, during the period of validity of these provisional Statutes of the governing bodies, the Presidency becomes vacant, the Vice-President shall assume his duties first and in his absence the Vice-President.

2. If any other post, including the Vice-President's seat, is vacant, the post shall be automatically assumed by the next member in the order of membership of the Executive Board. For vocalias, the Executive Committee shall propose to a collegiate that it meets the corresponding eligibility conditions for the purpose until the end of the term of office, although the appointment will not be firm until its ratification by the Assembly, to which the proposal should be made at its next meeting.

3. If at the same time there are vacancies in the Presidency and Vice-Presidency first and second, or in more than half of the positions of the Governing Board, immediately, the corresponding electoral process will be carried out.

Article 18. Question of trust.

1. Any one-person office or the Executive Committee in plenary may voluntarily submit, when circumstances are given, that they will recommend, to the vote of confidence of the General Assembly.

2. For confidence, the members of the Assembly referred to in Article 5.1 shall have a single vote.

3. Failure to overcome the question of trust shall be considered as a reprobation and shall entail the cessation of the charge submitted to it.

Article 19. Reprobation.

1. The General Assembly may reprove to the Executive Committee or any of its positions.

2. The request shall clearly state the reasons on which it is based, and shall be signed by at least one third of the members of the Assembly.

3. The President shall, within a period of not more than one month, and 15 days in advance of the request, convene the General Assembly, at least, to convene the General Assembly. Failure to do so shall have the power to call it the oldest member of the applicants for the motion.

4. For reprobation, members of the Assembly referred to in Article 5.1 shall have a single vote.

5. In order to prosper the motion of reprobation, it must be approved by the two-thirds of the votes present and represented.

6. If the motion for a reprobation is successful, the reprobate one-person charges shall cease in his/her term of office and, if the cases referred to in Article 17 (3) are given, an electoral process shall be opened, including a Gestora who must call elections for single-person charges within a maximum of 15 days.

7. Proposers may not raise more than one motion of reprobation to the same office within one year.

CHAPTER VII

From the electoral regime

Article 20.

The electoral regime for governing bodies shall be governed by the provisions of these provisional Statutes.

Nominations will be presented in closed lists, which will be voted on globally.

Article 21. Eligibility conditions.

1. Only persons designated by their College may be eligible for any of the positions of the Executive Board.

2. No candidate shall be eligible for more than one office of the General Council.

3. Candidates who are disabled for the exercise of the profession or do not enjoy the full membership of their collective rights may not be candidates.

4. The Executive Committee's charges will be incompatible with the charges in any type of business association or federations.

Article 22. Electors.

1. All members of the Assembly shall be entitled to vote, except for the Executive Committee.

2. Voters have the right to vote in a free and secret way.

Article 23. Voting procedure, scrutiny and proclamation of charges and inauguration.

1. The call for elections must be held by the Gestora Commission, thirty calendar days before, at least, the date of its conclusion and shall be sent to the Presidents of the official colleges with the final list of members entitled to participate in the General Assembly. The call shall express the day, place and time at which the vote will take place.

2. Members of the Assembly who wish to make a complaint against the list of voters must formalise it within eight days of being sent. These complaints must be resolved by the Management Committee of the General Council within three days of the expiration of the deadline for formulating them, and the resolution must be notified to each claimant within eight days. next.

3. Applications shall be submitted to the Secretariat of the Management Committee within a period of one month following the month in which the call was made public. After that period, the Management Committee shall, within 15 working days, make public the list of applications submitted. It is expressly notified to the persons concerned whose applications were not accepted.

As of the proclamation, any candidate excluded, has a period of fifteen working days to bring proceedings against the proclamation agreements with the Gestora Commission. In the same act of interposition, it must present the arguments which it considers to be relevant, accompanied by the appropriate evidence. The time limit for bringing the action shall be based on the publication of the candidates proclaimed, without prejudice to the mandatory notification to that or those who have been excluded. The decision of the appeal which ends the administrative route must be resolved within two days of its interposition, with the persons concerned being notified and the route being opened from that moment on. Administrative-litigation.

4. The day and time fixed for the elections shall be constituted in the premises indicated to the effect, the corresponding Electoral Table, which shall be composed of a President and a Secretary, who in no case may have the status of candidates to the election, with the President of the Bureau being the oldest dental technician and the youngest secretary among the members of the Assembly. Each candidature may appoint among the members a financial controller to represent it in the electoral operations. The financial controller may not be a candidate.

5. The Electoral Bureau, the President will begin the session, and the Assembly's assistants will vote using only one ballot. Upon identification, the ballot shall be delivered to the President, who shall deposit it in the ballot box in the presence of the voter. The Secretary of the Bureau shall indicate on the list of readers who shall vote.

6. The vote will come to an end. Those ballots that contain expressions other than the strict content of the vote or delete or amendments that will make it impossible to identify the will of the voter, as well as those that appoint or appoint more, will be declared null and void. of an application or those appointing incomplete applications.

7. After the vote, the vote will be taken up, which will be signed by the president and the secretary of the electoral bureau and the financial controllers. Copies of the minutes shall be given to the duly accredited financial controller. The electors, as well as the financial controller, may, within 10 working days, make any claims or claims they consider to be relevant, which shall be resolved by the Management Committee within two equally working days. The complaints will be resolved through the proclamation of candidates.

8. Elected members of the Governing Board shall take possession of the posts following the proclamation of the election. Within a maximum period of 30 calendar days, the appointments to be made shall be communicated to the relevant Department of the Ministry of Health and Consumer Affairs.

CHAPTER VIII

Economic Regime

Article 24. Competencies.

1. The economy of the General Council is independent of that of the Professional Colleges, with autonomy of management and financing.

2. The General Council shall adopt a general regulation on its budgets, setting out the general criteria for disaggregation in objectives, chapters and accounts, and those for the limitation, linking and authorisation of transfers of credits.

Your approval is the competence of the General Assembly.

3. The approval of the budgets for each financial year and its specific budgetary rules is the responsibility of the General Assembly.

4. The adoption of extraordinary appropriations for specific destinations involving collective rights is the responsibility of the General Assembly.

5. The General Council shall have the following economic resources:

(a) The fees of each school, which shall be determined in order to the number of members of each school, by dividing their number of collegiates into sections of two hundred collegiates, so that the amount to be paid for each of the tranches Successive steps shall be reduced by 25 per 100 from the previous tranche. The contribution per colegate in each tranche shall be the same for each college.

b) For the goods and rights that constitute their patrimony.

c) Grants, donations and legacies, as well as any other amount the Council may receive.

(d) Extraordinary rights, which may be determined in exceptional circumstances by the Council in charge of the Colleges.

(e) The rights to provide services and activities and how much revenue the Council may receive on the basis thereof, as well as the amount of economic rights by certification and how many documents are issued.

Article 25. Budget and budgetary rules.

1. The Executive Committee shall submit to the General Assembly, the General Assembly's Draft Budget and its specific rules, before the beginning of each financial year.

2. In the event of non-approval, the budgets for the previous financial year shall be automatically considered to be carried over, in which case the executive committee may lay down the expenditure restrictions which are necessary to maintain the balance with the revenue account.

3. The whole exercise is a working period for the approval of your budget and for the approval of modifications.

Article 26. Budget implementation and control of accounts.

1. The approval of the annual accounts corresponds to the General Assembly. It shall be proposed by the Executive Committee, with the corresponding explanatory memorandum, in the first quarter of the year following the corresponding year.

2. The General Assembly may appoint three of its members to act as censors prior to the approval of the accounts for each financial year.

Single transient disposition.

According to Law 2/2001 of 26 March, within one year of the constitution of the General Council of Colleges of Dental Protesics, general statutes will be established as provided for in article 6.2 of the Law of Professional schools, which will be submitted to the Government, through the Ministry of Health and Consumer Affairs.