The single additional provision of Law 7/1997 of 14 April on liberalizing measures in the field of land and professional colleges provides that the latter must adapt their Statute to the amendments made to the Law 2/1974, of 13 February, aimed at ensuring that the collegiate professions are developed under free competition, to delimit the purely indicative nature of the fee scales and the voluntary nature of their perception through of the collective services, as well as to prevent the visa from understanding conditions contract, the determination of which is left to the agreement of the parties. This legislation has been supplemented by Royal Decree-Law 6/2000 of 23 June of Urgent Measures to Intensify Competition in Goods and Services Markets.

The Statutes for the Regime and Government of the Colleges of Architects were approved by Decree of 13 June 1931. The time since the adoption of that rule makes it necessary to adapt to the legislative changes that concern not only the Law of Professional Colleges, but also Law 30/1992 of 26 November of the Legal Regime. of the Public Administrations and the Common Administrative Procedure, as amended by Law 4/1999, of 13 January, as well as in general the constitutional order for the distribution of powers between the State and the Autonomous Communities.

In order to comply with these adaptation requirements, the Superior Council of the Spanish Architects ' Colleges has referred to the Ministry of Public Works, which corresponds to the relationship with the corporation, a proposal for new General Statutes, for approval by the Government.

In its virtue, in accordance with the provisions of article 6.5 of Law 2/1974, of 13 February, of Professional Colleges, in relation to article 6.2 of the same Law, on the proposal of the Minister of Public Works, according to the Council of State and after deliberation by the Council of Ministers at its meeting on 5 April 2002,

DISPONGO:

Single item. Approval of the General Statutes of the Official Colleges of Architects and their Superior Council.

The General Statutes of the Official Colleges of Architects and their Superior Council are approved, which are set out in the annex to this Royal Decree.

Single repeal provision. Regulatory repeal.

The provisions of this Royal Decree, and in particular the Statutes for the Regime and Government of the Colleges of Architects, approved by Decree of 13 December, are hereby repealed. June 1931.

Single end disposition. Entry into force.

This Royal Decree and the Statutes of the approved shall enter into force on the day following that of their publication in the "Official Gazette of the State".

Given in Madrid to April 5, 2002.

JOHN CARLOS R.

The Minister of Development,

FRANCISCO ALVEZ-HELMETS FERNANDEZ

ANNEX

General Statutes of the Official Colleges of Architects and their Superior Council

PRELIMINARY TITLE

The Collegial Organization

Article 1. Definition and object.

The organization included in the present General Statutes, made up of the Official Colleges of Architects and their Autonomous Councils and the Superior Council of the Spanish Architects ' Colleges, has as its object to serve the general interest of society by promoting the best performance of the architects ' own professional functions.

Article 2. Nature of the Colleges.

1. The Official Colleges of Architects are public law corporations constituted under the Law and integrated by those who exercise the profession of architect and have fixed the professional address, single or main, in the corresponding territorial scope, as well as graduates who, without exercising it, are voluntarily incorporated into them.

2. The Schools have their own legal personality and full capacity to work for the fulfillment of their ends. In its organization and operation they enjoy full autonomy within the framework of these Statutes and under the judicial guarantee of the Courts of Justice.

Article 3. Ends of the Colleges.

These are essential purposes of the Official Colleges of Architects:

a) Seek to improve the professional activity of architects.

b) To order, within the framework of the Laws, the professional exercise.

c) Velar for the observance of the deontology of the profession and for the respect due to the rights of the citizens.

d) Represent and defend the general interests of the profession, in particular in its relations with the public authorities.

e) Defend the rights and professional interests of its members.

f) Perform the general interest benefits of the profession of architect that they consider appropriate or are entrusted to them by the public authorities in accordance with the Law.

Article 4. Constitution and territorial scope.

1. The territorial scope of each College shall be determined by the rule of its creation within the limits laid down in the autonomous legislation or, failing that, with at least the provincial or island areas. The different Colleges of Architects will be unique in their respective territorial areas.

2. The segregation or merger of collegial areas for the creation of new Colleges will require agreement of the Assembly or General Assemblies of the College or Colleges involved. The proposal, after prior knowledge of the Board of Governors of Colleges, and without prejudice to the intervention which, if necessary, will be carried out by the corresponding Autonomic Council, will be submitted to the body to be approved.

3. With the exception of other requirements as provided for in the applicable legislation, the new Colleges shall be construed as constituting the possession of their duly elected governing bodies.

Article 5. The Autonomous Councils of Colleges.

1. The Councils of Colleges of Architects which are constituted for the grouping of all the members of an Autonomous Community shall have the purposes and functions to determine their own Statutes in accordance with the provisions of the autonomous legislation corresponding.

2. For the purposes of these Statutes, the Councils shall be responsible for the articulation of the participation of the Colleges which are grouped in the bodies of the High Council of the Colleges of Architects of Spain, which shall ensure sufficient and appropriate representation of all of them in accordance with the provisions of Article 53.

Article 6. Superior Council of the Colleges of Architects. Nature and purpose.

1. All the Autonomous Colleges and the Autonomous Councils of Colleges are integrated in the Superior Council of the Colleges of Architects of Spain, a corporation governed by public law with its own legal personality and full capacity. set out in these Statutes.

2. In the field of national and international action that is proper to it, they are essential purposes of the Superior Council in the exercise of the functions that correspond to it in accordance with the current legislation:

a) Represent and defend the profession and its Colleges and Autonomous Councils together.

b) Coordinate the performance of its members in the performance of their essential and common purposes and in their relations with those entities providing services created, promoted or participated by the Colleges, the Councils Autonomics or the Council itself.

c) to ensure, on the occasion of the exercise of their own functions, and to ensure in any event the equality of treatment of architects and their freedom of exercise throughout Spain within the framework laid down by the legal provisions in effect.

d) Set the general deontological regulations of the profession of Architect.

TITLE I

Official Colleges of Architects

CHAPTER I

Functions

Article 7. Enumeration.

In order to achieve the objectives set out in Article 3, the Colleges of Architects shall exercise in their territorial scope and without prejudice to the purposes and functions of the Superior Council and the Autonomous Council when it exists, (

) the role of the Commission in the field of vocational schools;

1. Log:

(a) Take the relationship to the day of your collegiates where the authentic testimony of the title, the date of discharge, the professional address and the residence, the updated signature and how many incidents or impediments are recorded affect the enablement for the professional exercise.

They shall also bear the relationship of the exercisers in their territorial scope from other Colleges in which the College to which they are incorporated and the precise data for their identification shall be included.

(b) To obtain from the collegial and other exercising in its territorial scope the data necessary for the exercise of the powers referred to in Chapter V of this Title.

c) To certify the data in the register at the request of the data subjects or at the request of the competent authorities.

(d) Facilitate the courts and public administrations, in accordance with the Laws, with the relationship of collegians who may be required to intervene as experts or appoint them directly, as appropriate.

2. Rendering:

(a) Represent the profession before the public authorities of the respective Autonomous Community and other Administrations, taking care of the professional interests and lending their collaboration in the fields of their competence, which may conclude agreements with the respective bodies. Where the representation is to take place before bodies with competence outside the scope of the College and relates to matters which transcend its territorial scope, the proceedings shall be carried out with the consent of the High Council or the Council. Autonomic, as appropriate.

b) Act before the Judges and Courts, within and outside their territorial scope, both in their own name and in defence of the interests of the profession and the professionals of its members, as in the name, on behalf of and in substitution These are their own, in the defense they willingly entrust to them.

c) Inform legal or administrative proceedings in which fees or other professional matters are discussed, when required to do so.

(d) Inform, in accordance with the Laws and where it does not correspond to the Autonomous Council, the projects of provisions of a regional nature that regulate or directly affect the professional privileges or the conditions of activity of the architects.

e) Cooperate to the improvement of architecture teaching and research.

f) Participate and represent the profession in congresses, juries and advisory bodies at the request of the Administration or individuals.

g) Promote the prestige and social presence of the profession.

3. Sorting:

a) To be seen for the ethics and dignity of the profession, both in the mutual relations of the architects and in those with their clients or with the organizations in which they develop their professional work.

b) Vellar for the optional independence of the architect in any of the modalities of the professional exercise.

c) Avoid and persecute professional intrusivism before the Courts.

(d) to establish, in the field of their competence, criteria on the minimum levels required for professional diligence, in particular with regard to the presentation of works and the quality control and monitoring of works.

e) Visar the professional works of the architects with the scope provided by the statutory, corporate and law norms. The visa in no case shall comprise the fees, or the other contractual conditions for the provision of professional services agreed by the architects with their clients.

f) Prevent unfair competition among architects.

g) Exercise disciplinary authority over architects who fail their collective or professional duties, both legal and deontological.

h) Velar out of respect for the intellectual property rights of architects.

i) To advise on the conditions of recruitment of the professional services of the architects seeking the best definition and guarantee of the respective obligations and rights.

(j) Establish, in the field of their competence, regulations on the professional activity in the exercise of these functions of ordination, subject to the Statutes and other general provisions of application.

4. Service:

a) Promote the research and dissemination of Architecture in all its fields of intervention.

b) Assessor and support architects in the professional exercise by instituting and providing all types of services, including professional and technical information and ongoing training.

c) Organize channels to facilitate the professional practices of new graduates.

(d) To intervene, at the request of the interested parties and through conciliation or arbitration, in matters which, for professional reasons, are raised among the members of the school.

(e) Resolving by award, in accordance with the legislation on arbitrations and their own procedural regulations, the conflicts which the parties submit to them in matters relating to the professional competence of the architects.

f) Set fee scales with a purely indicative character.

g) To take care of the collection of professional fees of the collegiate and exercising in their territorial scope, at the request of the same and under the conditions to be determined in the Statutes and other collective norms.

h) Advise architects in their relations with public administrations.

i) To provide the collaboration required in the organization and dissemination of competitions that affect architects and to ensure the adequacy of their calls to the regulatory standards of professional practice.

j) To collaborate with institutions or entities of a formative, cultural, civic, foresight and other analogous dedicated to the service of the architects or to the promotion and defense of the cultural and social values that concern the profession, and to promote the constitution of them.

5. Organization:

(a) Approve the individual Statutes and their previous amendments to the Superior Council of Colleges concerning their compatibility with those present, and with the intervention that, if necessary, proceed by the Autonomous Council respective.

b) Approve and run your budgets.

(c) Dictate Regulations of organization and internal functioning for the development and implementation of the Special Statutes.

CHAPTER II

Organization

Section 1. General Provisions

Article 8. Basic organization.

1. It is for each College, by means of its own Statutes, to establish and regulate its own organisation, subject to the following basic table:

A) General organs:

a) The General Assembly of the Colleges.

b) The Board of Government of the College.

c) The Dean.

B) Territorial or sectoral bodies, with the areas set out in the Statutes.

The names of the organs mentioned may vary according to the uses or languages of each College.

2. The College acts by ensuring the coordinated action of its general and territorial bodies and the equal treatment of all its members. To this end, the necessary powers shall be reserved for the general bodies and at least the following:

(a) Approve the individual Statutes and any general collegial provision.

b) Definitely approve budgets and their settlement, as well as annual accounts, and take inventory of goods.

c) Agreed to high, low, and collation suspensions and to order or authorize the annotation of how many other incidents should be recorded in the register.

d) Resolve disciplinary files, as well as resources that are brought against collegiate acts.

e) Organize all elections for the provision of charges.

f) Exercise the general representation of the College by granting, where appropriate, the appropriate delegations in favour of the territorial bodies.

g) The functions of collegial control over the professional activity of the architects, without prejudice to the possibility of their delegation in the territorial organs.

Section 2

Article 9. The General Assembly of the Colleges.

1. The General Assembly of the Collegiates is the supreme organ of expression of the will of the College. Participation in the Assembly shall be personal, and may be by representation if it is established in the Special Staff Regulations.

2. These are the exclusive and exclusive powers of the General Assembly:

(a) Approve the individual Statutes and the Regulations of Internal Regime and their amendments, without prejudice to the power of the Governing Board to issue the relevant implementing regulations.

b) Establish or alter the territorial organs of the College.

c) Know and sanction the annual management memory.

d) Approve the budgets and regulate, in accordance with the Statutes, the economic resources of the College. The budgets of the territorial bodies shall, together with that of the central bodies, be the consolidated general budget of the College.

e) Definitely approve the settlement of budgets and expense and income accounts for each expired year.

(f) Authorize the acts of disposition of the real estate and the actual rights constituted on the same, as well as the remaining assets that are listed as being of considerable value.

g) Control the management of the governing bodies, collecting reports and adopting, where appropriate, the appropriate motions, including the one of censure with a recall by the statutory procedure.

In addition, the Assembly will know how many other matters the Governing Board will submit to you on its own initiative or at the request of the number of collegians that the Special Staff Regulations establish.

3. The Statutes of each College shall lay down the rules for the convening and functioning of the General Assembly, the voting systems and the quorum required in the light of the matter concerned, as well as, where appropriate, participation by representation. In any case, the following requirements shall be observed:

(a) The Assemblies shall hold an ordinary session in the second and fourth quarters of each year and extraordinary sessions as many times as agreed by the Governing Board on its own initiative or at the request of the number of members of the Board. Statute itself sets.

(b) The ordinary Assemblies shall treat at least the related matters in paragraphs (c), (d) and (e) of the previous paragraph.

c) Agreements may be taken only on matters appearing on the agenda. In the case of questions and proposals, questions and proposals may be taken into account in the case of matters for incorporation into the agenda of a future Assembly.

Article 10. The Board of Government of the College.

1. The Governing Board is the administrative and management body of the College which exercises the powers of the College not reserved for the General Assembly in accordance with the previous Article nor specifically assigned by the Special Statutes to other bodies as well as those expressly attributed to them in these General Statutes.

2. Under the chairmanship of the Dean, he will be composed of the nominative and vocal charges that the Special Statutes will determine.

Article 11. The Dean.

The Dean holds the legal representation of the College, convenes and presides the General Assembly and the Governing Board by ensuring the proper implementation of its agreements and adopting in cases of urgency the measures that have been taken. He also presides over the meetings of other collegiate bodies when he attends and exercises any other functions assigned to him by the Statutes of his College.

Section 3. th Territorial Organs

Article 12. Collegiate demarcations.

1. Schools may be organized territorially in Demarcations. At the front of each Demarcation shall be a Board of Directors elected by the collegiates attached to it, with the functions of representation, administration and control that determine the Statutes of the College subject to the provisions of the Articles 8.2 and 30.3.

2. The Special Statutes may fix the minimum conditions of territory, number of collegiate and economic sufficiency that are required for the establishment and continuity of the Demarcations, in order to ensure their capacity for the performance of the functions entrusted.

Article 13. Deconcentration of services.

Within the scope of each collegial College or Demarcation may be established, in accordance with the conditions laid down in the respective Statutes, the administrative units necessary for the most appropriate provision of the collegiate services.

Section 4. Election Regime

Article 14. Regulation.

All the positions of the governing body are elected. The special statutes shall regulate the procedure for convening and holding the elections, in any case contemplating the drawing up of the lists of voters, the system for the proclamation of candidates, the taking of the elected representatives and the mode to proceed in case of vacancies in the charges before the termination of the respective command.

Article 15. Electoral rights.

1. In each College, all the members of the College are electors who are incorporated in advance of the call to determine the individual Statutes.

2. The Statutes of each College shall lay down the conditions to be met by the electors to be eligible for the various charges. No mandate may last for more than four years, without prejudice to the possibility of re-election in accordance with the Statute itself.

3. In both cases, those who are sanctioned in accordance with the provisions of Article 49.2 shall be excluded.

Article 16. Vote.

1. The electoral vote is free, equal, direct and secret and is exercised personally or by mail.

2. The vote by mail requires that the submission be recorded, that the voter's identity be credited, that the secret of the vote be guaranteed, and that the vote be received by the Electoral Bureau before the vote is completed. All voters may revoke their vote by mail by appearing to vote personally; in such a case, the envelope will be destroyed in the same act and in their presence.

3. In the absence of express regulation in the respective collegial Statutes, which in any case will have to respect the conditions listed in the previous paragraph, the voting procedure by post will conform to the following requirements:

(a) The elector who wishes to use this procedure shall inform the Secretariat of the College or the corresponding Demarcation in advance of a minimum of five days to the date of the vote. The communication may be made in writing or by personal appearance and shall be recorded on the electoral lists.

(b) The Secretariat shall issue to the voter a personal accreditation and shall provide it with the ballot papers and the envelopes for sending them, of which the external envelope shall be customized by means of sealing and numbering or key coincident with the accreditation. The voter will personally collect this material when the communication has been in writing; otherwise, your request may be sent to you at your address by means that you are aware of your receipt.

(c) The voter shall enter the chosen ballot in the anonymous envelope, and this envelope or envelopes, together with the personal accreditation, shall be entered in the external envelope which he shall forward to the relevant collegial Secretariat, either by certified official mail or by courier service.

4. The Statutes of each College shall regulate the composition of the Bureau or Electoral Tables and the procedure of scrutiny. When there are several Mesas there will be a Collegiate Electoral Commission that will gather the different minutes, address the incidents or claims that occur and will proclaim the results.

Section 5. Other professional organizations

Article 17. Architect Pools.

1. The Schools may provide for the creation within the special statutes of groups of architects for the purpose of forms of exercise or professional specialties, without the possibility of forming more than one with the same or similar in each College. purpose. Membership in these Pools will be voluntary.

Those Groups, which shall not have their own legal personality, shall be recognised by the College by the approval of their Regulations to be granted by the General Assembly when they meet the following conditions:

(a) Explicit recognition of the deontological rules of the Colleges of Architects, without prejudice to the details that in their development may be adopted in attention to their specific purposes, and subject to the authority of the governing bodies of the College.

(b) Non-discriminatory or discretionary nature of the conditions of incorporation and permanence of architects in the Pool and the absence of restrictions or limitations on competition and freedom of exercise professional in accordance with current legislation.

c) The democratic regime of your organization and operation.

2. Groupings recognised by the different Colleges of Architects may be federated into State-wide Unions under the approval of the High Council of Colleges, without the existence of more than one Union for the form of an exercise or a speciality professional. The Council shall agree to the approval by means of the endorsement of the Federative Statutes and shall grant the Unions special relations of a consultative nature and a proposal as regards the scope of their specific purposes.

Article 18. Other entities of professional interest.

Schools, by themselves or with the coordination of their Autonomous Councils or the Superior Council, may institute entities in the service of the purposes and interests of the profession, and participate or establish appropriate relationships with other existing character analog.

CHAPTER III

Incorporation to the Colleges

Article 19. Duty of incorporation.

1. The duty of collegiation as a legal requirement for the exercise of the profession, requires the incorporation of the architect as a collegiate in the College in whose field he has his professional address, which will be that of his study or that of his job as If you have more than one professional address in Spain, you will take into account these effects the one that the architect points out as the principal. In the absence of a study or a job, the municipality where the architect is registered shall be deemed to be domiciled.

The architects who do not exercise the profession or who, by reason of their exercise, will be legally exempt from the duty of the profession may also be incorporated or remain in the Colleges. collegiation.

2. The conduct by the collective architects of work in areas other than those of their respective colleges will only require their prior communication to the schools of destination, thus being subject to the competences of the latter in the field of ordination, visa, deontological control and disciplinary authority for all matters relating to the matter or the professional performance in question.

Article 20. Requirements for incorporation.

1. They are conditions required to get high as a collegiate:

a) Poseer of the legally required qualification for the exercise in Spain of the profession of architect.

b) Not being legally incapacitated or legally disabled for the exercise of the profession.

c) Not to be suspended in the professional exercise for a firm collegial disciplinary sanction.

d) Abonar the corresponding incorporation rights.

The condition (a) shall be credited by authentic copy of the academic title or notarial testimony of the same, or, provisionally, by means of certification that the person of the studies has exceeded it and the payment of the rights to issue the title. In the case of a foreign qualification, the supporting documentation of their approval or recognition in Spain for professional purposes shall also be provided, and if they are nationals of other countries, they shall comply with the other requirements. required for the establishment and work of foreigners in Spain.

Condition (b) is deemed to be accredited by statement of the data subject.

The condition (c) shall be stated, except in the case of first collegiation, by certification of the General Register of working Architects in the High Council of Colleges.

The remaining data to be entered in the Register of the College shall be declared or credited.

2. The Government Boards shall resolve the applications for membership within one month, and may refuse them only if the conditions laid down in the previous paragraph are not met. The time limit for resolving may be suspended, for a single time and for a maximum period of one month, by virtue of a request for a remedy or improvement of the application submitted or to carry out the necessary checks. in order to verify the legitimacy and sufficiency of the documentation provided. Applications made by professionals with nationality or qualifications of non-EU States shall require a report from the High Council; in these cases the maximum time limit for resolution shall be three months.

Collegiation shall be deemed to be produced by an alleged act, in respect of the applications deducted in due form, after the relevant maximum period has elapsed without any express resolution being received and notified.

The Boards may delegate to their Secretaries the provisional resolution of the collegial files.

3. The communication referred to in Article 19 (2) shall have effect from the date of its performance, corresponding to the College which receives it to verify that the architect concerned meets and maintains the requirements for professional qualification. (a) to be required, for which the necessary information may be required at all times from the College of provenance, either directly or through the Registry referred to in Article 24 of these Statutes.

The communication system will be implemented by means of a standard approved by the Superior Council of Colleges in order to guarantee the right of legitimate exercise of the profession.

Article 21. Graduates of the European Union.

The incorporation into the Colleges of graduates from the Member States of the European Union will be subject to the provisions of the Directives on the mutual recognition of diplomas in the field of architecture and effective exercise of the right of establishment and freedom to provide services, and the rules transposing them into the Spanish legal order.

Article 22. Suspension of incorporation.

These are the determining causes of the suspension of collegiation and, therefore, of the rights inherent in the condition of collegial:

(a) Disqualification or incapacitation for the professional exercise decreed by a firm judicial decision.

(b) The suspension in the professional exercise imposed by a disciplinary disciplinary sanction.

(c) The non-payment of the collective contributions by a minimum amount equal to half of those corresponding to an annuity or the higher one determining the individual and prior statutes, in any case, a feisty requirement of payment with suspension warning.

The suspense situation will remain as long as the cause that determines it will remain.

Article 23. Low.

1. Architects lose the status of colegate causing low in the corresponding College:

(a) For the loss or proven inaccuracy of any of the conditions required for the exercise of the profession of Architect in Spain.

(b) At its own request, provided that it does not have the concerned professional commitments pending or otherwise accrediting the corresponding waiver.

c) By expulsion decreed in resolution of the collegial disciplinary jurisdiction of the firm.

d) By being suspended for three consecutive months in accordance with paragraph (c) of the previous article. In any event, reinstatement will be conditional on the payment of the fees due and interest on late payment provided that, in accordance with applicable law, the credit would not have been prescribed.

2. The situation of exercising in the field of the College other than that of collegiality ceases with the termination of the work or professional works that determined it, without prejudice to the persistence of the competence of the College to know of the situations and outstanding issues up to their extinction, liquidation or final decisions.

Article 24. General Record.

The Schools will immediately give the Superior Council for their constancy in the General Register of Architects, of how many resolutions they adopt on incorporation, suspension or discharge, as well as of the alterations that are they produce in terms of the professional and residence of the architects.

CHAPTER IV

Rights and duties of collegians

Article 25. General principles.

1. Incorporation into a College confers on all architects the rights and imposes the duties inherent on the condition of a member of the College.

The College will protect and defend architects in the right and legitimate exercise of the profession.

2. All architects are equal in the rights and duties set forth in this chapter. Collective acts or agreements involving undue restriction of rights or discrimination in the duties established here shall be nullity.

Article 26. Rights.

1. They are the rights of collegiate architects:

a) Participate in the government of the College as part of the General Assembly and exercise the right to elect and be elected to the management positions.

b) Addressing the College's organs by asking for petitions and complaints.

c) Exercise the right of appeal against the agreements and resolutions of the collective organs.

d) Receive regular information on corporate and professional business activity, and examine the accounting documents in which the economic activity of the College is reflected in the form and time limits to be determined by the Statutes particular.

e) Get information and in your case certification of the documents and collegiate acts that affect you personally.

f) Use the services provided by the College, in the form and conditions attached to the effect.

g) Be advised or defended by the College on all matters relating to its legitimate rights and interests of a professional nature, in the manner and conditions set out in this respect by each College.

h) To be kept in full use of your rights until your suspension or discharge occurs in accordance with the Statutes.

2. Architects exercising in the field of a College other than that of their collegiation enjoy the same rights as the members of the College, with the exception of those set out in paragraphs (a) and (d) of the previous paragraph.

Article 27. Duties.

Are duties of every collegiate architect:

a) Observe the deontology of the profession.

b) Carry out the professional work that you assume with strict adherence to the general and collegial regulations that regulate them.

c) To comply with the rules and resolutions issued by the collective bodies and to respect the right to make complaints and appeals, due to the right to make complaints and appeals.

d) Communicate to the College the data that is collected and necessary for the fulfilment of the collective functions.

e) Submit a collegial visa to all professional documents that you authorize with your signature.

f) Observe professional incompatibilities and causes of legal or deontologically established abstention.

g) To contribute in a timely manner to the economic sustainability of the College in accordance with the Statutes and the agreements adopted by the collective bodies for its implementation.

h) Act with fidelity and diligence in the performance of the collegiate charges for which you are elected or appointed.

These duties make up the necessary arrangements for the professional and collegial performance of the architect, constituting their observance of the own object of the collegiate powers regulated in Chapters V and VIII.

Article 28. Note-to-order regime.

When you receive a professional assignment in the free exercise of your profession, any architect, if required by your client, will be obliged to submit to you in writing, for his/her conformity, at least the precise description and (a) sufficient of the purpose of the benefit to be provided together with the details of the fees to be paid or the method agreed between the two parties for the determination of the same. To facilitate compliance with this duty, the Colleges will be able to draw up nota-commissioned forms at the disposal of the architects and their clients.

The architect must not submit to the College the noty-commission except in case of a justified requirement in the course of a disciplinary procedure or when the architect himself requests the collegial service of management of recovery in the terms provided by the Regulation of this service.

Article 29. Collective management of recovery.

When the College has established the corresponding service, the architects may entrust the management of the collection of their professional fees, either for certain cases, either in general or for a period of time. indefinite by the addition of the service. The collective regulations shall determine the operation of this service and its funding.

CHAPTER V

Collegiate competencies in relation to professional activity

Article 30. General scheme.

1. The powers for the fulfilment of collective functions relating to the professional activity of architects and, in any case, those provided for in this chapter, are of a regulated nature and will have as their sole legitimate aim to ensure compliance of the legal, statutory and deontological regulations of the profession, and to defend the legitimate performance of the architect without prejudice to the rights of those who contract their services.

2. The exercise of the functions referred to in the preceding paragraph corresponds to:

(a) The College in whose territorial scope the works are located, provided that it is project work, in any of its phases, or of an optional address.

(b) The College in whose field other works in question have to have administrative or judicial effects.

c) The College in which the architect is collegiate, in the remaining assumptions.

Where appropriate, the College or Colleges which are affected by the professional performance in question shall be counted by the competent College.

3. The Board of Governors of the College shall hold the powers provided for in paragraph 1 of this Article and shall retain, when delegated to the territorial bodies, the powers of inspection and coordination which are necessary to ensure that the the due compliance with the legal and collective provisions of the application.

Article 31. Visa.

1. Professional work which is documented and authorised with the signature of the architect is the subject of the collegial visa. The work carried out by architects attached to the public administrations under civil service or work arrangements is not subject to a visa.

2. The visa is intended to:

a) Credit the identity of the responsible architect or architects and their current enablement for the work in question.

b) Check the formal integrity of the documentation in which the work is to be translated in accordance with the regulations of mandatory enforcement of relevant application in each case.

c) To carry out the other findings entrusted to you by the laws and general provisions.

3. The Special Statutes and Regulations of the Colleges shall detail the procedures to be followed by the visa. In any event, the deadline for resolving shall not exceed 20 working days from the submission of the work, except for suspensions agreed to remedy deficiencies, which may not exceed the total time limit of one month. Where the decision is a refusal, it shall be reasoned and notified in due form.

Article 32. Technical control of projects.

Schools will be able to establish voluntary services at the disposal of architects for the technical quality control of professional work. These services shall be governed by the rules of the official type-approval which, where appropriate, obtain and the other conditions laid down in the relevant Regulations of the service.

Article 33. Replacing architects.

The replacement of an architect by another in the performance of the same professional work requires prior communication to the College. Where it is in the optional direction of a work in progress, the communication of the successor architect shall be accompanied by a certificate reflecting the status of the works carried out under his management and the technical documentation corresponding.

Article 34. Associated Exercise.

Any professional collaboration between architects under permanent association, with or without legal personality, must be communicated to the College.

The Schools shall keep a register of the associative entities whose purpose is to serve the professional exercise of their architects, in which they may register those that meet the conditions of legal adequacy and deontology provided for in the legislation approved for this purpose by the Superior Council of Colleges. Such rules shall, in any event, ensure the proper independence and responsible identification of architects in the exercise of their professional duties.

The registration in the College of your domicile produces the effect of accrediting the registered entities to the other Colleges of Architects.

CHAPTER VI

Legal regime

Article 35. Applicable rules.

Colleges are governed by the following rules:

(a) Its particular Statutes, Internal Regime Regulations and general scope agreements to be adopted for its development and implementation.

(b) These General Statutes.

c) Autonomous and state legislation in the field of Professional Colleges.

d) The rest of the legal order as soon as applicable.

In terms of procedure, the current legislation on common administrative procedure will be applied.

Except legal exemption, agreements, decisions or recommendations of the Colleges with economic significance must observe the limits set out in Article 1 of Law 16/1989, of July 17, of Defense of Competition.

Article 36. Regime of the collegial organs.

The Special Statutes of each College shall establish the regime of convocation, sessions and adoption of agreements of its various governing bodies.

The Statutes shall also establish the appropriate instruments to ensure the authenticity and preservation of the minutes and agreements.

Article 37. Effectiveness of acts and agreements.

1. Except as provided for in Article 49.1, agreements adopted by the collective bodies in the exercise of public powers shall be considered to be executive from their adoption, without further requirement than their notification or publication in a form where appropriate and unless they are subject to their own terms of time or condition of effectiveness.

2. The College Regulations and their amendments, as well as the other agreements of general scope equivalent to those for their content and the extension of their effects, shall enter into force on the twentieth calendar days of their publication in the Collective circular, unless expressly provided for in another term.

3. Special decisions or agreements, or which have a special and immediate effect on the rights or interests of certain architects, must be notified to them, including in any case sufficient motivation and an indication of the resources to be made available to them. come and deadlines for interposing them.

Article 38. Actions against acts and agreements.

1. The agreements and resolutions of the collective bodies referred to in the previous article, except those adopted by the General Assembly of the College and those of the Government Board, even the acts of procedure if they decide directly or indirectly the fund of the case, prevent the continuation of the procedure or produce defenseless or irreparable damage to legitimate rights and interests, are susceptible of appeal to the Board of Government or the specialized organ that, if necessary, determine Special Statutes.

The time-limits for the interposition and resolution of the resources in the collegial way will be governed by the provisions of the legislation on the common administrative procedure.

2. Without prejudice to the provisions of the following Article, the remedies decisions referred to above, as well as the other acts or agreements of the Governing Board and the General Assembly, exhaust the collegial route and open the administrative-litigation in matters subject to such jurisdiction.

Article 39. Resources before the Superior Council.

There shall be an appeal to the High Council of Colleges, in accordance with Article 65, in the following cases:

a) Potestative remedy for replacement against acts or rules agreed by the Superior Council itself in a single instance.

(b) Appeal against agreements of any of the bodies of the Colleges or Autonomous Councils, where this is provided for in the Special Statutes or the corresponding autonomic legislation is available.

CHAPTER VII

Economic and heritage regime

Article 40. Economic resources.

Schools will have the following economic resources:

1. Ordinary:

(a) Products of the goods, rights and obligations of the collegial patrimony.

(b) Fees for the preparation of reports, opinions, studies and other technical advice required.

(c) Perceptions by the issuing of certificates or copies of data or documents in their archives, or copies of documents produced by them, or by benefits arising from the exercise of the visa or other duties entrusted to the College by statutory or regulatory provisions.

d) The benefits they obtain from their publications or other paid services or activities they perform.

e) The economic contributions of the architects in accordance with the provisions of the following article.

f) Those who for any other concept legally proceed.

2. Extraordinary:

(a) Grants, donations, inheritances or legacies from which the College may be a beneficiary.

b) The product of the disposal of the assets of your estate.

c) The amounts that in any concept correspond to the College for the administration of foreign goods entrusted to it for the purpose of promotion and promotion of the Architecture.

d) Those who for any other concept legally proceed.

Article 41. The contribution of architects.

1. They are contributions from collegiate architects:

a) The rights of entry or incorporation of the collegiate.

(b) Ordinary quotas, whether fixed or variable, for this second assumption, of objective criteria determined in accordance with the principles of generality, equity and proportionality.

(c) The amounts that are established for the individual use of the collective services. Charging for services which are compulsory under the Statutes and Regulations must be made on the basis of conditions approved by the General Assembly.

2. The working party of another College may not be able to impose fixed quotas or give them higher economic contributions than those of the members of the College.

Article 42. Budget system.

1. The economic regime of the Colleges is budgetary. The budget shall be single, level, comprising all the revenue, expenditure and investments of the College and shall relate to a calendar year.

2. For each budget, the expenditure provided for by the programme of activities to be developed by the various collective bodies, as well as the revenue to be paid during the corresponding period, shall be sufficiently specified. exercise.

3. The separate Statutes of each College shall regulate the budgetary procedure, with the integration, where appropriate, of the budgets of the central and territorial bodies, until the final approval of the general budget of the College by the General Assembly.

Article 43. The heritage of the College.

1. It is the heritage of each College of all its assets, rights and obligations. The College holds its title, without prejudice to the attachment of certain goods to the territorial organs that make up it.

2. The Special Statutes shall establish the system of administration, inventory, registration and disposition of goods, which shall ensure transparency and accountability in the management and integrity and conservation of the assets collegial.

CHAPTER VIII

Disciplinary regime

Article 44. Scope and competence.

1. The Schools shall discipline the actions and omissions of the architects who violate the regulatory provisions of the profession, the Statutes and the College Regulations or the Deontological Standards of Professional Action.

2. In each College, the Board of Government or the specific body which, as the case may be, shall provide for the individual Statutes shall exercise the disciplinary function.

3. It is up to the High Council of Colleges to impose sanctions for any cause on members of the Board of Directors as long as they remain in office, even if the files had been initiated before the Court of Justice. start of their mandates. It shall also be the responsibility of the Council for the dossiers to be initiated or to be resolved after the end of the mandates, provided that they are directly related to the exercise of the respective tasks.

In addition, unless otherwise provided by the applicable autonomous legislation, the Council shall exercise sanctioning jurisdiction in equal terms with regard to the members of the Autonomous Councils of Colleges or, failing that, of those who are part of the higher organs of government and disciplinary organs of the Colleges.

The Superior Council or, where appropriate, the Autonomous Council of the Colleges concerned, will also exercise the power of sanction on those architects who perform professional activities outside the scope of their Colleges with omission of the communication duty referred to in Article 19.2.

Article 45. Procedure.

1. The disciplinary procedure shall be initiated either on its own initiative or at the request of the Dean, Government Junta or Demarcation Directives, or by denunciation, either by an architect or by a private individual. Anonymous complaints shall not be admissible.

2. The organ of the disciplinary function, in the light of the background available and, if necessary, the information which is necessary, may agree the file of the proceedings or arrange for the opening of the file by designating, in this case case, to an instructor. The file opening agreement shall be notified to the issued architect or architects.

3. After the appropriate inquiry, the instructor shall propose the dismissal of the file or make statement of objections in which the facts imputed, the duties which are presumed to be infringed in relation to Articles 27 and 47 and the penalties which may be imposed in accordance with Article 48, granting the expedientate no less than 10 working days to reply in writing.

All eligible means of proof in law are usable in the file, corresponding to the instructor the practice of those who propose and consider relevant or the same agreement of trade. The records and tests carried out shall be duly recorded in the minutes.

4. Upon completion of the examination of the file, the instructor shall, in conjunction with the relevant motion for a resolution, raise the disciplinary body to which, unless he expressly waives his right, the expedited oral hearing shall be granted to the so that, by way of another collegial or assisted by a lawyer, he can claim as much as is appropriate to his right. The instructor may not intervene in the deliberations of the disciplinary body.

5. The individual Statutes may develop the disciplinary procedure subject to these Statutes and to the rest of the applicable law.

Article 46. Sanctioning resolutions.

1. The resolutions will be agreed by an absolute majority and will be motivated, appreciating the test according to the rules of the sound criticism, relating the facts proven in congruence with the statement of objections, elucidating the essential questions as a result of the dossier and, where appropriate, determining the infringements and their grounds under Article 44.1, with a view to their seriousness in accordance with the criteria laid down in Article 47. The final decision or judgment may be of a sanction, of acquittal for lack of evidence or for non-existence of sanctionable conduct, or of dismissal by prescription of the faults.

2. The decisions shall be notified in full to the persons concerned with an indication of the resources to be made in accordance with Articles 38 and 39, and time limits for bringing them in.

Article 47. Rating of the infringements.

1. The violations will be classified as mild, severe or very serious.

2. They shall have in principle the qualification of serious infringements corresponding to one of the following types:

(a) Exercise of the profession without fulfilling the requirements to perform professional activities in the field of the College or being disabled or suspended in such an exercise.

b) Collaboration with the exercise of the activities of the architect by those who do not meet the requirements laid down for this purpose.

c) Realization of incompatible professional activities by reason of the position or function performed, or in association or collaboration with those affected by such incompatibility.

d) Actuations with violation of the regulatory legal regulation of fair competition among professionals.

e) Replacement of colleagues in professional work without completion of prior communication to the College.

f) Usurpation of the authorship of foreign professional jobs.

g) Incompliance with the professional duties of the architect with damage to the prestige of the profession or the legitimate interests of third parties.

h) Distortion or severe inaccuracy in professional documentation.

(i) The hiding or simulation of data that the College must be aware of in the exercise of its functions relating to the professional activity and the fixation and collection of the contributions of the architects.

j) Public acts in notorious disrepute of the profession or other professionals, or with contempt of the legitimate authority of the College.

k) Performance of collegial charges with infidelity or with repeated negligence of the corresponding duties.

3. They shall be rated as serious as serious as serious infringements where one of the following circumstances is present:

a) Manifest conduct in the conduct.

b) Unexcusable professional Negationl.

c) Repeal disobedience to collective agreements or requirements.

d) Damage or serious injury to the client, other architects, the College or third parties.

e) Existence of an illegitimate, own or foreign profit, made possible by the irregular performance of the architect.

f) Abuse of trust placed by the client, in particular if the circumstances of public office or simultaneous acting as a promoter or builder are present.

(g) to be found in the exercise of a collegial or public charge when the offence is committed, where a further loss of the image or professional dignity is derived from this circumstance, or where the offence has been committed; by prevalding the charge.

h) Haber was previously sanctioned by firm resolution on account of any uncancelled gross infraction.

4. The infringements not covered by paragraph 2 of this Article are minor and those which, even so as to be the case, have a lower body to be combined with a lack of intentionality, little importance of the damage caused and the diligent intention to remedy the or to remedy its effects. On the other hand, the faults in principle as minor, will be serious when one of the circumstances listed in paragraph 3 of this article is present.

Article 48. Sanctions and their classification.

1. The following disciplinary sanctions may be imposed:

1. I notice by trade.

2. Public Apprehension.

3. Suspension in the professional exercise for up to six months.

4. Suspension in the professional exercise for a period of six months to one day and one year.

5. Suspension in the professional exercise for a period of one year to one day and two years.

6. Suspension in the professional exercise for a period of two years and one day and four years.

7. College Expulsion.

2. For minor infringements, the penalties 1 and 2 shall correspond to the serious penalties 3. ª, 4. and 5. and to the very serious, the sanctions 6. and

.

The circumstances referred to in Article 47 (3) and (4) operate, in addition to determining, at first, for the rating of the infringement to be very serious, serious or minor, in order to specify, then, the specific penalty applicable to the infringement resulting from the various provisions laid down for it in accordance with the preceding paragraph, for which the following rules shall be observed:

(a) The concurrence of a single circumstance of aggravation shall determine the one that the offence, thus aggravated in its qualification, imposes the less burdensome penalty than those provided for for such qualification.

(b) The concurrence of a single attenuation circumstance shall determine which the infringement, thus mitigated in its qualification, is imposed by the most burdensome penalty of those intended for such qualification.

c) The concurrence of two or more circumstances of aggravation, and in any event the reiteration, will determine which to the infraction, thus aggravated in its qualification, imposes the most burdensome sanction of between those previewed for the qualification.

d) The concurrence of two or more attenuation circumstances will determine the one that the infringement, thus attenuated in its qualification, imposes the less burdensome penalty than those provided for such qualification.

When, in accordance with the preceding rules, it is not possible to specify the specific sanction applicable, the sanctioning body, in the light of the circumstances of any order present in the case considered, will determine it prudent arbitration according to the rules of sound criticism.

Article 49. Enforcement and effects of sanctions.

1. The penalties shall not be enforced or made public in the collegial bulletin or circular as long as they are not firm. The penalty 1. will not be published in any case.

2. The sanctions 3. to 7. the suspension of the electoral rights for the same period of their duration, as well as the cessation of the collective charges that were exercised.

3. Of all the sanctions, except for the 1st, as well as for its cancellation, shall be recorded in the collegial file of the person concerned and shall be given to the Superior Council of Colleges.

Article 50. Prescription and cancellation.

1. Infringements and penalties prescribe:

a) Mild, at six months.

b) The severe, at two years.

c) The very serious, at four years.

The limitation period for the absence begins to be counted from the day on which it was committed, and the limitation period for the penalty begins to be counted from the day following the day on which the decision is taken firmly. that the sanction is imposed.

The prescription is interrupted by any express collegial act directed to investigate the alleged infringement or to execute the sanction with knowledge of the person concerned.

2. The penalties will be cancelled:

a) If they were for minor infraction, at six months.

b) If they were for serious infringement, at two years.

c) If they were for very serious infringement, at four years.

d) Expulsion, at six years old.

The above time limits shall be counted from the day following that in which the penalty has been executed or terminated or prescribed.

The cancellation involves the cancellation of the antecedent to all the effects and, in the case of the expulsion sanctions, allows the interested party to request the reinstatement to the College.

TITLE II

The Superior Council of the Colleges of Architects of Spain

CHAPTER I

Functions

Article 51. Enumeration.

For the purposes set out in Article 6, the Board of Governors shall perform the following tasks:

1. Rendering:

(a) Represent the profession of Architect and its collective organizations to the public authorities at the State level, taking care of professional interests and working together in the fields of their competence, for which it may conclude agreements with the relevant authorities and bodies.

b) Represent the profession to other professions and entities with a state-wide scope.

c) Represent the profession in international organizations and congresses.

d) Organize the Spanish Architects ' Congresses.

e) Inform, in accordance with the Laws, the draft provisions of State competence which relate to or affect the powers and responsibilities of the architects or the general conditions of their activity professional.

f) Cooperate to the improvement of the teaching of the Architecture by ensuring in particular its due adequacy to the requirements of an expert and responsible professional exercise.

2. Sorting:

(a) To elaborate, with an audience of the Colleges, the proposals for modification or replacement of the present General Statutes and submit them for official approval according to the Law.

b) Issue a report in the procedure for drawing up the individual Statutes of each Autonomous College or Council, concerning its suitability for these General Statutes.

c) Know the modifications of the territorial scope of the Colleges in the form provided for in Article 4.

d) Develop and approve the General Deontological Standards of the Profession, taking into consideration the proposals of the Colleges and with their audience.

e) To elaborate and adopt common regulations in the cases provided for in Articles 20.3 and 34 of these Statutes, as well as in those other, belonging to the functions of the ordination of the Colleges, in so doing the purpose of ensuring compliance with the essential purposes of the Council itself.

f) Agreed to general guidelines for coordination in matters of common interest.

g) Solve resources against collective acts in the assumptions provided for in Article 39 of these Statutes.

h) Exercise disciplinary power in the cases referred to in Article 44.3.

i) to report applications for incorporation to the Colleges which are produced on the basis of qualifications issued by non-Member States of the European Community, and to agree on the general guidelines on the means to facilitate the knowledge of the Deontological Regulations and the legislation on building by such graduates.

3. Coordination:

a) Take the General Registry of Architects formed by consolidation of the duly updated collegial Records.

b) Take the relationship of foreign degrees of incorporated or approved architect in Spain.

(c) Arbitration in disputes arising between Autonomous Councils or Colleges belonging to different Autonomous Communities when they affect the essential purposes of the Council, and in other cases expressly given to it submit.

d) Inform and advise the Colleges on how many subjects of a professional or collegial nature they submit to them.

e) Develop statistics and studies on the profession based on the data provided by the Colleges.

f) Promote entities and services of general interest to architects.

g) Ensure proper communication and cooperation among the Colleges for the best exercise of their functions.

4. Organization:

(a) Develop and approve their own General Rules of Procedure or Special Regulations on specific matters.

b) Approve your own budgets and determine the contributions of your members according to these Statutes.

5. In general:

All others that are of common and general interest to the profession, without prejudice to the competences of each College.

CHAPTER II

Organization and operation

Article 52. Organs.

1. They are organs of the Superior Council:

a) The Assembly.

b) The Plenary of Councillors.

c) The President.

2. The Board of Directors will elect, among its members, the positions of Vice President and Treasurer. You can also choose a second vice president.

Article 53. The Assembly. Composition.

1. The Assembly of the Superior Council, within the framework of these Statutes, is the highest organ of representation of the profession of collegial organized architect.

2. They shall have the status of Members of the Assembly:

(a) Members of the Board of Directors.

b) Three members appointed by each Autonomous College or Autonomous Council of Colleges.

c) 120 representatives of the Colleges.

3. The 120 representatives of the Colleges will be distributed for each year in direct proportion to the number of collegiates-excluding those on a voluntary basis-according to the census at 31 December of the previous year.

The distribution of representatives will be divided by the 120 positions for the total number of collegians and multiplying the quotient by the number of collegiate members of each Autonomous College or Autonomous Council. The fractions shall be rounded to the nearest integer. If in any case the resulting number, in addition to the number of the members provided for in paragraph 2.b) of this Article, is lower than that of the members of the Autonomous Council or the provincial or island Demarcations of the College of Education The relevant regional authorities will be added to the necessary representatives to achieve this figure.

If, as a result of these operations, the number of 120 is not reached or exceeded, this number will be reduced or extended to the one that will be definitively in each period, even if this will result in a change in the final number of representatives.

The representatives shall be members of the Governing Board in accordance with the order of the same provided for in the corresponding Special Statutes. If the number of these is insufficient, it will be extended with other collegiates who meet the statutory requirements to be members of the Governing Board and who will be elected, to the effect expressed, by each Autonomous College or Council in the form that determine their particular Statutes.

4. In no case shall two Colleges or Autonomous Councils add up to 45 per 100 of the total of the members of the Assembly as referred to in paragraphs (b) and (c) of paragraph 2 of this Article. If, as a result of the operations described in paragraph 3, this limit is exceeded, the excess of representatives attributed to these two Colleges or Autonomous Councils shall be distributed among the other Colleges or Autonomous Councils by the The same arithmetical procedure is planned, operating in the same way to assign 45 per 100 between the two majority.

Article 54. The General Assembly. Competencies.

1. The General Assembly shall hold an annual session for the month of November. It may also hold extraordinary sessions in the following cases:

a) By agreement of the plenary of members.

b) At the request of a minimum of 30 per 100 of the representatives belonging, at least, to four different Colleges.

c) At the request of the Government Boards of four Colleges.

2. The ordinary General Assembly shall deal with the approval of the plenary session on the management of the previous financial year, the settlement of the budget and the revenue and expenditure account for that financial year, as well as the action programme and budget of the Council for the following year. The order of the day will be closed with the pleas, questions and propositions.

3. They shall also be the competence of the General Assembly and may be included in ordinary meetings or may convene an extraordinary meeting, the following topics:

a) Approve the convocation of the Spanish Architects ' Congresses, on a proposal from the Plenary of Directors.

b) Approve the modification of these Statutes.

c) Approve the General Deontological Standards of the Profession.

d) To definitively approve common rules and general guidelines emanating from the Superior Council as provided for in these Statutes.

e) Approve extraordinary appropriations on a proposal from the plenary of members.

(f) Those other than being the competence of the Board of Directors, it agrees to submit to the General Assembly consideration.

4. No agreements may be taken by the General Assembly on matters which have not been previously included on the agenda and which have been delivered by the plenary of members. Proposals on matters pertaining to the competence of the Assembly under this article, if taken into consideration, shall be dealt with by the Plenary of Directors, giving the Assembly of the agreements to be adopted.

Article 55. The General Assembly. Operation.

1. The General Assembly shall be convened and presided over by the President of the Council or by whom the members of the Board of Directors shall be appointed by the President of the Council. It shall be constituted on first call with the assistance of the majority of its members, or 20 per cent of them on the second call, half an hour after the first call.

2. A quorum of one-third of the members of the Assembly shall be required, matters involving the amendment of the Statutes or the Deontological Standards of the Profession.

3. The session shall be opened for approval of the minutes of the previous sitting. Only those who took part in the relevant session may object. Objections shall be submitted in writing before the beginning of the sitting, unless the minutes of the minutes have not been given at least 24 hours in advance, in which case they may be expressed in the same act.

4. The items on the agenda will then be passed, and the President may modify the order of treatment. Up to three word shifts will be available in favour and so many against, with the President being able to extend the debate when he considers it appropriate.

5. All members present in the Assembly shall have the right to vote not to be allowed to vote. The votes shall be ordinary, nominal or secret, being nominal or secret at the time of the President's availability or if requested by a fifth of the assistants and the secret ballot prevailing if both modalities are requested simultaneously. The agreements shall be adopted by a simple majority of affirmative votes on negatives.

Article 56. The plenary session of members. Competence and composition.

1. The Board of Directors is the governing body of the Superior Council and holds its powers, except those expressly attributed to the other bodies by these Statutes.

2. The plenary session consists of the president, the members who will be the Dean of the Autonomous Colleges or the Presidents of the Autonomous Councils of Colleges, and the Secretary-General.

3. In cases of justified absence, members may give their representation to the member of their respective Government Boards who expressly designate the effect.

4. Each Counsellor may be present at the meetings by a deputy appointed by him among the members of his Governing Board. The deputy will take part in the discussions when the counsellor resigns in his favour. It may also be accompanied, for certain subjects, by an expert who can only intervene in the debate if he is expressly authorised by the President.

Article 57. The plenary session of members. Operation.

1. The Plenary Session shall hold a regular session every two months at least and shall meet in extraordinary session as many times as the President, on his own initiative or at the request of a fifth of the members.

2. The calls, including the order of the day, shall be made at least seven calendar days in advance, unless urgent reasons are met in which case it will be sufficient for three days or with the express agreement of all the members of the Full.

3. For the valid constitution of the duly convened plenary, the attendance, in any case, of the president and the secretary or of those who are the statutory ones, and of all the members in the first call or the majority, is required. of them or their representatives, on a second call half an hour later. A quorum for the presence of the third part of the members of the plenary shall be maintained in order to take agreements.

4. The session will begin with the adoption of the agenda, which may be extended with those matters that are urgently appreciated by two-thirds of those present. However, in case of topics specifically affecting an Autonomous College or Council, the extension of the agenda shall require the presence and conformity of the Counsellor concerned or his/her representative. The President may alter the order of treatment of the cases.

5. The votes shall be ordinary, nominal or secret. The secret ballot and the roll-call votes shall be held when the President has so requested or at least three of the members in attendance, the secret ballot prevailing when both are requested simultaneously. The roll-call votes shall be recorded in the minutes of the vote cast by each member and in the ordinary of those who so request; both the ordinary and the nominal votes may be added to the statement of reasons for the vote. The draws will be headed with a new vote in which the President will have a vote of quality if the tie is repeated.

6. All members of the plenary present or duly represented shall have the right to vote, except for the Secretary-General who shall speak with a voice but without a vote.

Agreements shall be adopted by a simple majority of affirmative votes on negative votes, except for those relating to the functions referred to in Article 51 (2) (a), (2) (d), (2) and (f) or to the case referred to in that Article. Article 62, for which a favourable vote of two-thirds of the members of the plenary shall be required.

Article 58. The Chairman of the Board of Governors.

1. The President holds the legal representation of the Council and performs the following functions:

a) At all times assume the unitary representation of the profession.

b) Call, chair and order the sessions of the plenary of members and the General Assembly.

c) Vellar for due compliance with the agreements.

(d) Adopt the urgent provisions that are required to take account of what has been done to the next plenary session.

e) Order the payments.

f) Conform with your approval the minutes and certifications extended by the Secretary-General.

g) Exercise the highest inspection of all Council services and dependencies.

h) How many others are entrusted by the Board of Directors.

2. The President will be elected by the Dean of the Colleges or Presidents of the Autonomous Councils, among the candidates who will be presented by two or more Colleges or Autonomous Councils through agreements of their Government Boards, accept their application and meet the following requirements: being a national of a country of the European Union, an active collegiate architect at least ten years of age in this situation and not having suffered a disciplinary sanction unless he had been cancelled.

3. The term of office of the Presidents will last for four years beginning on January 1 and cannot be reelected consecutively more than once. If there is a vacancy of more than one year for the termination of the term of office, a replacement shall be chosen for the time remaining until the appropriate renewal.

4. The election for ordinary renewal of the President shall be convened in September of the year preceding the beginning of the term of office.

The election will take place by secret ballot requiring absolute majority in the first round. If not reached, a second round will be held between the two candidates who have obtained the most votes, and the simple majority is enough. The draws that were produced in either round would be directed by additional votes by simple majority.

5. The Presidency of the Board of Governors is incompatible with any collegial position or employment or in bodies or entities directly related to the purposes and powers of the Council, unless the position is inherent to that of the President of the Council. It is also incompatible with any other professional or representative commitment requiring full dedication.

The office of President shall be remunerated with the allocation to be set in the budgets of the Council itself.

6. In the absence, sickness or vacancy of the President, the Vice-President or Vice-Presidents shall be provisionally replaced by his or her duties, or, failing that, the Senior Adviser, unless the Plenary is expressly appointed by the Plenary Session to another Counsellor. The President may delegate his representation to other members of the plenary on a temporary basis and for specific purposes.

Article 59. The Secretary-General.

1. The Secretary-General is responsible:

(a) Raise the minutes of the sessions of the plenary of members and the General Assembly.

b) Curse calls and notifications.

c) Save the Council's files and stamps and issue the appropriate certifications.

d) Run the Council agreements.

e) Exercise the management of the administrative services and the personnel management.

2. The Secretary-General shall be appointed by a vote of the plenary of members on a proposal from the President of the Council or from two members and his mandate shall coincide with that of the Secretary-General. The requirements of the candidates and the arrangements for incompatibilities and vacancies shall be identical to those of the President, with the exception of the minimum seniority in the professional year which shall be five years and the provisional application of his duties which will be the responsibility of the youngest present counselor.

The position of Secretary-General shall be remunerated with the allocation agreed by the Council itself.

3. In the case of absence, sickness or vacancy of the Registrar, the minor counsellor present on each occasion shall exercise his duties on a provisional basis.

Article 60. The Treasurer of the Superior Council.

Lies with the Treasurer:

(a) Carry out the collection in accordance with the budget and safeguard the Council's funds.

b) Run the payments properly ordered.

c) Monitor accounting and formalize the account of the expired financial year and the settlement of the corresponding budget.

d) Compose the budget proposal.

e) To inform the President and the plenary of the implementation of the budget and the cash situation on a regular basis.

f) Monitor the updated inventory of the Council's assets.

Article 61. Election of Vice President and Treasurer.

The election of the Vice President and the Treasurer requires the presence of the majority of the members of the plenary and will be produced by a simple majority in a secret ballot.

Both charges will cease and will be renewed to the President-elect's inauguration. The advance vacancy of any of them shall be covered at the next ordinary plenary session.

Article 62. The motion of censure.

The Board of Directors may approve motions of censure regarding the President of the Council with a recall of the position. The motion shall require the following requirements:

a) Be proposed in half, at least, of the Councillors.

b) To be read in a first session of the plenary session and put to debate and vote in a second session to be held 15 days after the first session, at least one month and a maximum of one month.

c) Result approved by two-thirds of the members in secret and personal voting, without the representation of the members.

If the motion is to be successful, a new election will be held immediately. If the motion is not successful, the same person cannot be raised within six months.

CHAPTER III

Top Council Regime

Section 1. Legal Regime

Article 63. Applicable rules.

In its organization and operation the Board is governed by the following rules:

(a) These General Statutes and the Rules of Procedure, which, if any, are approved for the purpose of the development of this Title II.

b) State legislation in the field of Professional Colleges.

c) The rest of the legal order applicable to you.

Article 64. Effectiveness of the agreements.

1. Subject to decisions in disciplinary matters which shall comply with the provisions of Article 49.1, the agreements of the Council shall be considered to be executive from their adoption, without further requirement than their notification or publication where appropriate, except for their own terms are subject to time or condition of effectiveness.

2. The agreements adopted by the Council bodies in the field of their competence bind all the Colleges and the Autonomous Councils, without prejudice to the resources which may be brought against them by persons entitled to the laws. In cases of non-compliance, the Plenary of Directors, upon request to the corresponding governing body, may agree to the deprivation of rights of representation of the College or the defaulting Council as long as it persists in its attitude. In such cases, the Court may also agree to the opening of disciplinary proceedings to the members of the body responsible for complying with the decisions of the High Council, as alleged perpetrators of serious misconduct on the basis of the provisions of the Article 47.2.k) of these Statutes.

Article 65. System for the use of resources.

1. The resources before the Superior Council in the cases provided for in Article 39 of these Statutes shall be decided by the Plenary of Directors.

The Schools, under the responsibility of their Secretaries, will forward to the Superior Council the records of the resources within a period of 15 days from the time they are required to do so. allegations or reports that you consider convenient.

Counselors will refrain from intervening in the debate and voting of the resources that affect their respective Colleges.

2. The resources referred to in this Article shall be lodged within one month of the publication or notification of the agreements and shall be resolved within three months of their interposition, with the exception of delays due to their due Justification. On the expiry of that term without a decision, the interested parties may understand their resources, except in cases where, in accordance with the general legislation on administrative procedures, their presumed estimate.

3. The Council agreements conclude the corporate path and allow access to the Contentious Administrative Jurisdiction in accordance with the provisions of its Regulatory Law.

Article 66. Regime in disciplinary matters.

1. The resolution of the disciplinary proceedings of the High Council's jurisdiction as provided for in Article 44.3 is the responsibility of the Plenary of Directors.

2. The Rules of Procedure of the Council shall regulate the disciplinary procedure in accordance with Chapter VIII of Title I of these Statutes and in accordance with applicable law. Provision may be made for the establishment of a Commission for Disciplinary Arrangements as a body with functional autonomy, with the task of taking over the examination of the dossiers and making the appropriate motions for resolutions to the plenary of members.

Section 2. Economic Regime

Article 67. Economic resources.

1. They are economic resources of the Superior Council:

a) The contributions of the Autonomous Colleges or Councils that integrate it.

b) Rights or fees for the issuance of certifications, opinions, reports, or other assessments required.

c) The returns on your estate.

d) Income from publications or other paid services that you have established.

e) The grants or donations you receive.

f) How many others can legally correspond to you.

2. The economic contributions of the Autonomous Colleges or Councils shall be fixed in the annual budgets of the Council according to the following distributive criterion:

1. º 20 per 100 linearly distributed by College or Autonomous Council.

2. º 80 per 100 in proportion to the number of its members, without counting the collegiates of a voluntary nature.

3. The respective Colleges or Autonomous Councils are obliged to collect in their annual budgets the economic contributions fixed by the Council. The contributions shall be paid by twelfths within the first week of each month running from each Autonomous College or Council the expenses and interest arising from the delay in payment.

4. Failure to comply with the obligation to make an economic contribution to the Superior Council may give rise to the adoption of the measures provided for in Article 64.2, without prejudice to the specific legitimation of the Council for bringing the resources it considers convenient in the collegial corporate way.

Article 68. Budgets and accounts.

1. The Council shall act on an annual, single and level-level budget, in accordance with the provisions of these Statutes for the Colleges in so far as it applies. The economic year shall coincide with the calendar year.

2. Budget surpluses and deficits, once approved, shall be included in the income and expenditure statements of the following budget.

3. The plenary of members may, for extraordinary and justified reasons, agree on the transfer of funds between items in the same budget chapter up to 15 per 100 of the total amount of the budget. In addition, for cash purposes, the Plenary Session may arrange appropriations up to a maximum of 12 per 100 of the budget.

4. The liquidation of the budget, prior to its approval by the General Assembly, will be the subject of a censure of accounts by two assemblymen belonging to the Autonomous College or Council which, by alphabetical rotation, corresponds.

Additional disposition first. Application of the laws of the Autonomous Communities.

The provisions of these General Statutes on extremes which, in accordance with the applicable autonomous legislation, must also be regulated by the corresponding Statutes of the Colleges of Architects or their Councils Autonomics, as soon as they are not at the same time covered by the provisions of the basic State legislation on Professional Colleges, they will be without prejudice to that regional legislation and to what, in strict compliance with it, establish these particular Statutes.

Additional provision second. Colleges at lower level than in an Autonomous Community.

For the purposes of their due integration in the Superior Council, the lower-level Colleges of an Autonomous Community, as long as they lack the corresponding Autonomous Council of Colleges, will appoint a joint body of specific representation.

First transient disposition. Non-matching colleges with Autonomous Communities demarcations.

Schools which do not coincide with the demarcation of the Autonomous Communities which are constituted by the entry into force of these Statutes, will retain their own representation in the Superior Council as long as it is not established. the corresponding Autonomous Council of Colleges.

Second transient disposition. Segregations of Colleges.

In the case of a College with a higher demarcation than that of an Autonomous Community, the segregation of the scope corresponding to that of one of them to constitute the respective College will require only, so that the corporate internal refers, the favorable agreement of the absolute majority of the collegiate residents in this field assembled in Assembly called to this effect prior communication to the College for their knowledge.

Transitional provision third. Renewal of the post of Secretary-General of the Superior Council.

The provisions of Articles 57.6 and 59.2 concerning the Secretary-General of the Board of Governors shall enter into force on the occasion of the renewal of that post which shall take place at the end of the term of office of its current holder or of who is to replace him in the event of an early vacancy. However, exceptionally and in order to enable the planned cycle to be adapted, the term of office of the Secretary in that first choice shall reduce its duration to two years.

Transitional disposition fourth. Review and adaptation of regulations.

During the year following the entry into force of these General Statutes:

(a) The Official Colleges of Architects shall review their own Statutes and Regulations for their proper adequacy.

b) The Higher Council of Colleges will proceed to adapt as necessary the Deontological Standards of Professional Performance of the Architects and the remaining normative of their competence.