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Royal Decree 542/2001, Of May 18, By Which Modify The General Statutes Of The General Council And The Official College Of Quantity Surveyors And Technical Architects, Approved By Royal Decree 1471 / May 13, 1977, And Amended By Real...

Original Language Title: Real Decreto 542/2001, de 18 de mayo, por el que se modifican los Estatutos generales del Consejo General y de los Colegios Oficiales de Aparejadores y Arquitectos Técnicos, aprobados por Real Decreto 1471/1977, de 13 de mayo, y modificados por Real ...

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TEXT

The only 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 statutes to the changes introduced by the law. This Law, designed to ensure that the collegiate professions are developed under free competition, to delimit the purely indicative nature of the fees and the voluntary nature of their perception through the services (i) the right of the Member States to apply the rules of the determination 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 markets for goods and services.

The Statutes of the General Council and the Official Colleges of Appliances and Technical Architects were approved by Royal Decree 1471/1977 of 13 May, and partially amended by Royal Decree 497/1983 of 16 February. The time since the adoption of these rules makes it necessary to adapt to the legislative changes which relate not only to the amendment of the Law on Professional Colleges but also to that of the Legal Regime of the Public administrations and the Common Administrative Procedure carried out by Law 4/1999, of January 13, as well as in general the constitutional order of distribution of competences between the State and the Autonomous Communities.

In order to comply with these adaptation requirements, the General Council of the Official Colleges and Technical Architects has referred to the Ministry of Public Works, to which the relationship with the Corporation, a proposal for the amendment of various provisions of the aforementioned 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 18 May 2001,

D I S P O N G O:

Single item. Amendment of the Statutes of the General Council and the Official Colleges of Appliances and Technical Architects.

The amendment of the Statutes of the General Council of the Official Colleges of the Appliances and Technical Architects, approved by Royal Decree 1471/1977 of 13 May, and partially amended by Royal Decree, is approved. 497/1983, dated February 16, in the terms set out in the Annex to this Royal Decree.

Single repeal provision. Repeal effectiveness.

As many provisions of equal or lower rank are repealed, they oppose the provisions of this Royal Decree.

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 May 18, 2001.

JOHN CARLOS R.

The Minister of Development, FRANCISCO ALVAREZ-CASHELS FERNANDEZ

ANNEX

Amendment of the Statutes of the General Council of the Official Colleges of Technical Architects and Architects

1. Articles 1 to 7 are worded as follows:

" Article 1.

They will have the consideration of a mate or technical architect, for the purposes of these Statutes, who have the legally required qualification for the exercise in Spain of the profession.

Article 2.

The professional faculties and privileges of the technical officers and architects will be the ones that will be attributed to them at every moment in the current legislation.

Article 3.

It is an essential requirement for the exercise of the profession of mate or technical architect to join the Official College of Appliances

and Technical Architects in whose scope the professional, single or principal address is established.

Such a collegial shall have the power to pursue the profession in any other collegial demarcation, without the need to enable or to pay for economic consideration other than those that are usually required by its members. the provision of the services of which they are voluntarily beneficiaries and which are not covered by the collegial quota.

a) The members of the school who perform occasionally in demarcation other than that of their College shall communicate to the Colleges other than that of their registration and for the purposes of professional ordination and deontological control are to be carried out in their respective demarcations.

Article 4.

There may be a fee of a fee, of a purely indicative nature, approved by the General Council and which shall be drawn up taking into consideration the nature, complexity and responsibilities inherent in the various acts professional.

At the express and free request of the collegiates the collection of the fees accrued through the service established to the effect by the College in whose demarcation the works or the object of the work and in which it is the visa of the relevant documentation has been carried out.

The special statutes of the Colleges shall determine the conditions for the provision of the service.

Article 5.

Members and technical architects may develop their professional practice in an individual or associated manner, in accordance with the provisions of the law.

Article 6.

The exercise of the profession of mate and technical architect will be governed by the legal provisions in force, being subject to the requirements of the Law of Defense of Competition and the Law of Unfair Competition, thus as to the current legal regime in the field of incompatibilities and the obligations of a tax and insurance nature that at any time requires the applicable regulations.

Schools may order, in the field of their competence, the professional activity of their collegiates, so that they may be able to take due care of the professional function entrusted to them.

Article 7.

The technical architects and architects will have to see the professional jobs and jobs in the College of the Demarcation in which they radiate the object of the order. The visa shall not include any fees or other contractual terms, the determination of which shall be free of the agreement of the parties.

Regardless of the signature by the contracting parties of the notice-order, when the visa is a necessary requirement for obtaining authorizations or administrative licenses, their application will be formulated jointly by the (a) the Commission

2. Chapter III of the Preliminary Title "Of particular professional relationships" is deleted.

3. Title I is renamed "From the General Council of Colleges and Councils of the Autonomous Community".

4. Chapter I 'General rules' of Title I shall comprise Articles 8 to 10, and shall be worded as follows:

" Article 8.

The General Council of Official Colleges of Technical Architects and Architects is a corporation governed by public law that has its own legal personality and full capacity for the fulfillment of its purposes, which is configured as the representative body of the profession and coordinator of its collegial organization, at the state and international level.

The collegial professional organization acquires meaning as a grouping of the apparatus and technical architects that belong to it.

The schools, the General Council and the Councils or organizations of a regional level are constituted in order to serve the legitimate interests of the collegial and of their professional exercise, as well as those of general character of the company.

Article 9.

The main purposes of the General Council will be the representation and defense of the interests of the profession at the state and international level; the representation and coordination of the professional organization as a whole; the information on the draft laws of a state nature affecting the professional functions and the curricula of the career; the information on the files for the recognition of qualifications issued in other States for the access to the profession of technical architect, when requested by the Administration (i) the resolution of the resources to be raised in the field of their competence and the promotion at all levels of the greatest prestige for the profession.

For these purposes, you will perform the functions attributed to each of your organs.

Article 10.

The economic resources of the General Council of Official Colleges of Technical Architects and Architects shall be made up of the assets and rights which constitute their assets; to provide the Colleges and, where appropriate, the Councils of autonomy, and for the goods and rights that for any title it receives.

In the establishment of the amounts which, for the economic support of the General Council, must be provided by the Colleges, they shall be subject to equitable criteria and taking into account the principles of proportionality they take in consideration of the College as an entity, the number of its members and the number of votes it holds in the General Assembly, as provided for in Article 13 of these Statutes. "

5. Chapter II "Of the Governing Bodies of the General Council" of Title I shall comprise Article 11, Section 1.a "Of the General Assembly", Articles 12 to 15, Section 2.a "Of the Governing Board", Articles 16 and 17, and a Section 3.a "Of the arrangements for the adoption of agreements", with Articles 18 to 20, being worded as follows:

" Article 11.

The government of the General Council corresponds, in the field of their respective competences, to the General Assembly and the Governing Board.

The Rules of Procedure of the General Council shall regulate, in so far as is not established in these Statutes and with the necessary extent, the working arrangements of their collective bodies; the rules governing the ordinary meetings and extraordinary; the formalities of written consultations specified in Article 15 of these Statutes; the way in which the delegations are to be documented; the exercise of the specific tasks of the Council and the system of replacements; The system of constitution and functioning of the Electoral Board, as well as any another issue which, in connection with the development of the activities of the governing bodies of the Council, should be established.

Article 12.

The General Assembly shall be constituted by the President of the General Council and the Presidents of the Colleges, all of them as members and with a voice and vote, in the manner set out in Article 13. They shall also form part of the General Assembly, with a voice but without a vote, the members of the Governing Board of the General Council who do not have the status of Directors and the Presidents of the Autonomous Councils.

Article 13.

The General Assembly is the highest representative body of the profession, being in charge of establishing the general lines and guidelines of the professional policy, for which it will exercise the functions that are detailed in the article 14.

The Assembly's agreements will be adopted by a majority of votes, except for the approval of extraordinary budgets and investments as well as of the branches, which will require approval of two-thirds of the votes. With the only exceptions provided for in Articles 25, 26 and 27 of these Statutes, the Presidents of the Colleges shall have the institutional vote in the Assembly corresponding to the College representing more than one number of votes. In addition, according to the following baremus, according to the one of the collegiate residents assigned to the Corporation on 1 January of each year:

a) Up to 99 schoolgirls, one institutional vote, plus one vote per collegiate.

b) From 100 to 299 schoolgirls, an institutional vote, plus two votes per collegiation.

c) From 300 to 599 schoolgirls, one institutional vote, plus three votes per collegiation.

d) From 600 to 999 schoolgirls, an institutional vote, plus four votes per collegiation.

e) 1,000 to 2,000 collegiate, one institutional vote, plus five votes per collegiate.

f) More than 2,000 schoolgirls, one institutional vote, plus six votes per collegiate.

The President of the General Council will have a vote of quality to settle the ties.

Article 14.

In the development of the purposes to which the General Council is responsible, the General Assembly shall perform the following functions:

(a) Those attributed to the General Councils by the Law of Professional Colleges, as soon as they have a state scope or impact, coordinating from a general perspective the actions of the Colleges and their Autonomous Councils.

b) Develop the General Statutes of the professional organization, which will be submitted to the Government's approval through the corresponding Ministry and approve the Rules of Procedure of the General Council.

c) Define the general lines and guidelines of the professional policy and examine and approve, where appropriate, the action programmes presented by the Governing Board for its development.

(d) to know the individual Statutes of the Colleges and their Regulations of Internal Conditions, without prejudice to the system of approval corresponding to the powers of the Autonomous Communities.

(e) To address and resolve, in the absence of specific regional regulations, the conflicts that may arise between the Colleges or between different Councils of a regional level.

(f) Know the Statutes of the Autonomous Councils and their Regulations of Internal Conditions, without prejudice to the approval regime that corresponds to the powers of the Autonomous Communities.

g) Approve the memory, clearance of accounts and ordinary and extraordinary budgets of the General Council.

(h) Regular and equitably fix the economic contributions to the General Council of the Colleges and, where appropriate, the Councils of the Autonomous Region.

i) To elect the President of the General Council among the collegiate with more than five years of seniority in the collegiate.

j) Choose from among the Presidents of Colleges, four of the members of the Governing Board. To designate, for the purposes specified in this and the previous paragraph (i), the components of the Electoral Board.

k) To resolve the motions of confidence or censure formulated with respect to the components of the Governing Board, with the power to cease them in their positions in the case of the successful motion of censure.

l) to establish as an indication and without prejudice to the effect of the individual collective statutes in the regulation of this matter, the maximum and minimum limits for the contributions of the members of the Schools, in terms of incorporation fees, ordinary fees and rights for professional interventions subject to visa. All this, as it does not come under the competence of the Councils of the Autonomous Community for their specific legislation.

ll) Approve a purely indicative professional fee scale, established in accordance with the criteria defined in Article 4 of these Statutes, as well as the scheme, content and processing of the budget and (a) the professional intervention which the schoolgirls must present or, where appropriate, require the clients, as provided for in the Law of Professional Colleges.

m) To resolve the postative and postative resources to be brought against agreements subject to the administrative law adopted, respectively, by the Governing Board and the General Assembly of the Council itself. To resolve, likewise, the resources of the public against acts of administrative nature emanating from the Colleges,

when it was established in the application autonomic regulations. The General Assembly may delegate this power to a specific Commission composed of the Presidents of the College, the number and the form laid down in the Rules of Procedure.

n) Cooperate with the mutual institution of foresight of the profession to the best fulfillment of its purposes and collaborate with the Administration for the application to the collegiate professionals of the social security system that could reciprocate.

n) Establish, encourage and promote how many actions suit the general interests of the profession, both in social and cultural, educational or technological aspects.

o) Deciding on the participation of the General Council in entities of a technological nature, insurer, quality control or other entities that are related to the exercise of the profession, establishing the conditions of any order in that participation should be established.

p) In general, to intervene in all those matters affecting the exercise and prestige of the profession in all orders and, especially, in the permanent perfection of the rules of professional performance.

Article 15.

The General Assembly shall meet with an ordinary character three times a year. It shall meet in extraordinary session whenever the President of the Council calls it or a quarter of the Council's Presidents. In the General Assemblies of an extraordinary nature they shall be the items on the agenda which would have given rise to the request for their conclusion.

On those occasions which, as a matter of urgency, may be advisable, a written consultation may be made to the members, at the request of the President of the Council, with a referral of a specific proposal, in the form of to be regulated in the Rules of Procedure. If the proposed proposal had been adopted, it would be considered, for all purposes, as an agreement of the General Council.

Article 16.

The Governing Board is the President of the General Council and six vowels, four of them elected by the General Assembly from among its members, and the other two appointed in accordance with Article 25, between schoolgirls with more than five years of seniority in the collegiate.

The President will appoint from among the members of the Governing Board the positions of Vice President, Secretary General, and Treasurer-Contador, and may cease them by justifying the reasons for doing so, without prejudice to will continue to show Vocal's condition.

All the members of the Governing Board will have their voice and vote, corresponding to the President, who voted for the quality of the ties.

The Governing Board will meet, on an ordinary basis, twice a month.

Article 17.

It is up to the Governing Board to exercise the following functions:

(a) Set the agenda for the ordinary meetings of the General Assembly.

b) To be responsible for the implementation of the agreements of the organs of the General Council, adopting the precise provisions for their compliance.

c) Draft the General Council's Rules of Procedure.

d) Propose topics or papers for discussion in the General Assembly.

e) Designate, among its members, rapporteurs for those matters proposed by it, that they should be dealt with in the General Assembly and that they so require.

f) Report to the General Assembly on the issues raised among Colleges belonging to different Autonomous Areas and with respect to those that arise between autonomous organizations and whose resolution is the responsibility of the Council General.

g) To transfer to the General Assembly, for its knowledge, the Statutes and Regulations of the Internal Regime of the Councils of Autonomous and the Colleges, in the latter case when its approval is not attributed to the General Council.

(h) To elaborate and to raise the action programmes for the development of the guidelines and general lines of professional policy established by the General Assembly for approval.

i) Compose and raise to the General Assembly, for its approval, the memory, clearance of accounts and the budgets, ordinary or extraordinary, of the General Council.

(j) Confect and raise to the General Assembly, for approval, the projects relating to matters entrusted by the Law of Professional Colleges to the General Councils.

k) Make how many efforts are necessary for a greater prestige of the profession.

l) Examine and decide on those issues not specifically attributed to the General Assembly, the President of the General Council, the Autonomous Councils or the Colleges themselves, or those delegated to it by the General Assembly. the General Assembly.

ll) Adopt the necessary measures to ensure that the Councils of the Autonomous Community and the Colleges comply with the resolutions of the organs of the General Council in the matter of their competence.

m) To provide representation of the profession to international organizations and similar entities in other states.

n) Try to achieve the highest level of employment of the collegiate partners by collaborating with the Administration to the extent necessary.

n) Taking reason for the creation of delegations by the Colleges.

or) Adopt the regulatory measures that proceed to provisionally complete, with the oldest collegiates, the Boards of Government of the Colleges and, where appropriate and if not regulated by their own legislation, of the Autonomous Councils, when vacancies of more than half of the positions of those are produced.

p) Ensure that the conditions required by the Laws and the Statutes for the submission and proclamation of candidates for the posts of the Boards of Government of the Colleges and, where appropriate, the Councils of Scope are fulfilled autonomic.

q) Create and dissolve the corresponding commissions or working groups, when they have not been

constituted at the request and by agreement of the General Assembly, designating its components and establishing its tasks. The same person may not belong to more than one commission or working group.

r) to evacuate the reports requested by the various public administrations in the field of their competence.

s) Designate and cease those responsible for the technical and administrative services of the General Council, and other personnel, establishing, on a proposal from the Secretary-General, their functions and conditions of employment. From these actions, the General Assembly will be informed for its knowledge.

Article 18.

Agreements adopted by the General Assembly or the Governing Board of the General Council, in accordance with their respective powers, shall bind the professional organization and its members. These agreements shall be recorded in the minutes with the expression of the vote which would have taken place for approval, the corresponding certification being issued. They should also be published in the General Council's bulletin. No agreement may be validly adopted if it has not previously been included on the agenda. The specific rules for authentication, the procedure for implementing the agreements and the issue and value of the certificates shall be governed by the Rules of Procedure of the Corporation.

For the General Assembly to be considered validly constituted, in the first call for the attendance of a number of Council Presidents of the College representing the half plus one of the votes represented and a third of the same in the second call, except for those matters which, as provided for in these Statutes, are to be decided by the personal vote of the Presidents of the College, in which the quorum shall be determined by the the number of Presidents of the College present.

For the constitution of the Governing Board, half of its members will be required to attend. The agreements shall be adopted by a majority vote.

Article 19.

Against agreements of the General Assembly having the nature of administrative acts, it shall be brought before the judicial-administrative jurisdiction, in accordance with the provisions of Law 29/1998 of July 13, (a) regulatory jurisdiction of the Administrative-Administrative Jurisdiction, within two months of the date of its notification to the interested parties or of the date of its publication in the bulletin of the General Council.

Potentially may be brought to the same organ, in accordance with the provisions of Articles 116 and 117 of Law 30/1992 of 26 November 1992, of the Legal Regime of the Public and the Common Administrative Procedure, as amended by Law 4/1999 of 13 January. In this case, the litigation-administrative appeal may not be brought before the express decision has been taken or the alleged dismissal of the replacement appeal has occurred.

Whenever it is not expressed otherwise, when the deadlines are indicated for days it is understood that these are working, excluding from the computation on Sundays and the declared holidays. Where the time limits are indicated by calendar days, this circumstance shall be recorded in the relevant notifications. If the period is fixed in months or years, the period shall be calculated from the day following the day on which the notification or publication of the act concerned takes place, or from the day following the date on which the estimate or rejection is made. administrative silence. If in the month of maturity there is no day equivalent to that in which the calculation begins, the period shall be deemed to expire on the last day of the month. If the last day of the period is not deft, it shall be extended to the following first working day.

The time limits expressed in days shall be counted from the following to the time the notification or publication of the act in question takes place or from the next to the one in which the estimate or dismissal is produced by administrative silence.

When one day was a business in the Autonomous Community or Autonomous Community in which the person concerned resided, and not at the headquarters of the General Council, or vice versa, it shall be deemed to be indeft in any event.

In all cases, the resources must express the name and surname of the appellant, with an indication of domicile for the purposes of notification, an act of appeal, and reasons for their challenge.

Article 20.

General Council resolutions in the exercise of public powers shall be enforceable and shall apply on their own terms from the date on which they are issued, unless otherwise expressed and their the effects of which are the subject of an appeal, unless the competent body, on its own initiative or at the request of the person concerned, adopts a precautionary suspension.

The resolutions of the resources will be motivated. Their notification shall be made within 10 days of the date on which the act has been issued and shall contain the full text of the decision with the indication whether or not it is final on the administrative route, the expression of the the resources they come from, the body before which they shall be submitted and the time limit for bringing them together.

Agreements or resolutions which damage the rights and freedoms of constitutional protection shall be null and void; those issued by a manifestly incompetent body on the grounds of matter or territory; which have an impossible content; those constituting criminal offences or are dictated as a result of the criminal offence; the dictates that they do not fully and absolutely dispense with the legally established procedure or the rules contained in the rules essential for the formation of the will of the collegiate bodies; the express or (a) presumed to be contrary to the legal order by which powers or rights are acquired, where the essential requirements for its acquisition are lacking; any other that is expressly established in a provision of legal status.

Agreements or resolutions that violate the Constitution, laws or other administrative provisions of higher rank, those governing matters reserved to the Law and those establishing the law shall also be null and void. retroactivity of non-favourable or restrictive sanctioning provisions of individual rights.

Acts that incur any infringement of the legal order, including the diversion of power, will be nulliable. The defects in form shall determine the nullability only if the impossibility of the decision or agreement being made to reach its end or give rise to the indefenceness of the person concerned.

Administrative acts produced outside the time limit will only result in nullability when the nature of the term or term is imposed.

The competent body may validate the nulliable acts by subsating the vices of the latter. The acts and formalities which have remained the same as not to have been incurred in the proceedings shall be maintained, giving rise to their nullity or nullability.

All of the above applies to acts and resolutions adopted by the Colleges. "

6. Chapter III of Title I, which shall be referred to as 'The Board of Directors of the General Council, its electoral system and the censorship of the management posts', shall comprise a section 1.a 'Of the managerial posts', with Articles 21 to 24, one Section 2.a "Of the electoral system", with Articles 25 and 26, and a section 3.a "Of the confidence and motion of confidence regime", with Articles 27 and 28, being worded as follows:

" Article 21.

The executive positions of the General Council will be those of President, Vice President, Treasurer-Accountant, Secretary-General, and three vowels. The figure of those responsible for the technical and administrative services of the Corporation shall be regulated by regulatory means to be agreed by the competent bodies.

Article 22.

The President of the General Council will hold the representation of the Corporation in all manner of authorities, public bodies and private entities; Courts and Courts of any nature, including the Constitutional Court. He shall exercise the functions and duties assigned to him by the Statutes and the Rules of Procedure of the Corporation; he shall order the convocation and preside over the meetings of the General Assembly, the Government Board and the Commissions of the The corporation to which he attends, with a vote of quality, the draws that could be produced in the votes.

It is up to him to ensure that the agreements adopted by the Council are implemented and to adopt those measures which, without being specifically attributed to any of their bodies, are necessary for the fulfilment of their aims, as those others who, for reasons of urgent urgency, would have to take, bearing the same to the first Government Board, for their sanction.

Order the payments and sign with the Treasurer the precise documents for the movement of Council funds.

The performance of the Presidency will be incompatible with the exercise of positions in the Government Boards of the Colleges or the Councils of the Autonomous Region.

Article 23.

The Secretary-General shall be responsible for the documentary protocol of the General Council. It shall draw up the minutes of the meetings held by its governing bodies and issue the certifications requested by persons with a legitimate interest.

He will lead the administrative services and will be chief of staff. He shall take care of the register of collegiates in which, as complete as possible, the professional history of each of them will be included, through the information provided by the Colleges.

Will draw up the annual activity memory.

The Treasurer-Accountant will be responsible for the accounting of the Corporation, taking note in the official documentation of the collections and payments made, extending the corresponding bookings, which will submit to the order of payment of the President, with whom he will sign the necessary documents for the movement of funds, providing the collections and payments collected in the appropriate bookings. It shall adopt the necessary safeguards for the safeguarding of the funds and assets of the General Council. He will prepare draft budgets for his elevation to the Governing Board. It is up to him to inform the governing bodies about the budgets and the economic-wealth situation of the Corporation.

The Vice President will replace the President in the case of provisional or final absence. In the latter case, the final provision of that charge shall be made by the prescribed regulatory procedure. It shall also carry out the tasks and tasks assigned to it by the Presidency.

The vowels of the Governing Board shall perform the functions assigned to them by the Board of Directors and shall supply the vacancies of Vice-President, Secretary-General and Treasurer-Accountant, until their final provision in the form that Regulation is established.

Article 24.

The President, Vice President, Secretary-General, Treasurer-Accountant, and members of the Governing Board will be charged for a four-year term.

They can only perform by the same people and on the same charges two consecutive terms.

Article 25.

The President of the General Council shall be elected in the General Assembly, by the Presidents of the College, from among the national census of collegias who have more than five years of seniority in the school.

The electoral process will be conducted through the holding of primary elections, or the first round of elections, in the General Assembly, without the submission of candidates, in which each Counselor President of the College, in a vote secret and personal, will propose up to a maximum of two different candidates. The proposals that receive the highest number of nominations and always exceed 25 percent of the total votes available in the Assembly and accept the nomination in their favor, will pass as candidates for the second round of the elections. will take place at the General Assembly meeting, which will take place one month after the primaries.

The nominees will have to present to the General Assembly an action program, with the proposal of the collegiates who would have to perform the two terms of their appointment in the Governing Board. In the second round of the elections will be elected President of the General Council

the candidate, among those proposed, who receives the highest number of votes.

If in the primary elections there is only one nomination which, moreover, obtains the simple majority of the votes available in the General Assembly, the recipient of the nomination will have the status of a single candidate whenever he accepts the nomination and present to the Assembly its program, with an indication of the persons of the two Vocals of the Governing Board of its designation. This program will be submitted to the Assembly in the second round of elections and if it receives the endorsement of the half plus one of the votes available, the candidate will be relieved to be put to the vote.

In the event that in the primary none of the proposals received the required minimum of 25 per 100 of the votes available, new votes will be held within the same General Assembly until one is presented. nomination meeting the minimum requirements required.

In both the first and the second round, each President of the College will hold a vote and his delegation will not be admitted.

Article 26.

Of the six members who, with the President, constitute the Governing Board, four will be elected by the General Assembly from among its members with the right to vote. The remaining two will be directly appointed by the President from the national census of the collegiate with more than five years of seniority.

Nominations to the vocalias whose election corresponds to the General Assembly will be presented to the Governing Board with 15 calendar days in advance of the date of the elections, which will take place in the Assembly session. General in which the primary elections for the office of President are convened. To be a candidate, the presentation shall be specified by at least ten Presidents of the College.

In these elections each President of the College will have one vote, which cannot be delegated.

When the agreement to call for elections, ordinary or extraordinary, will be adopted, an Electoral Board, consisting of five members, will be constituted within the General Assembly. of the Corporation, whose Board, acting with complete independence and decision-making capacity, will order and control the entire development of the electoral process, being the organ called to resolve on each of its phases, which will be presided over by one of its Member of the Commission, acting as secretary, acting in accordance with the provisions of the Treaty. Rules of procedure of the General Council.

Article 27.

The General Assembly, on a proposal of one third of the Presidents of the College, may include on the agenda of its meetings, ordinary or extraordinary, the presentation of a motion of censure against the President or Members of the Governing Board or against the Governing Board as a whole. The motion of censure will require a quorum of two-thirds of the Council's Presidents and will require half of the votes available in the Assembly for approval. The vote will be personal and secret, with each member of the Council having one vote, without the admission of voting delegations.

If the motion of censure prospered, the censured will cease in their posts, opening an extraordinary electoral period and taking office or vacant posts by the members appointed to the effect by the Assembly. General among the components of the Governing Board or the Assembly, except that there was agreement for the transferee to continue in their performance.

If the censure recesses on the two vowels appointed by the President, he should cease to be with those, opening the corresponding electoral process. If only one of them is affected, the President shall designate the person to be replaced, the Governing Board and the Assembly being appointed. The designation shall take place within three months of the cessation of the vowel. After this deadline, the General Assembly shall elect the General Assembly, with the requirements laid down in this article for other members.

To reject the motion of censure, the minimum period of one year must elapse so that another can be formulated against these people and founded on similar causes.

Article 28.

The President, by his own initiative or by agreement of the Governing Board, when circumstances that make it advisable, may be subject to a motion of confidence that will be raised before the General Assembly, in the session to be held within thirty days following the submission of the corresponding application to the Secretary-General of the Corporation.

The motion of confidence will require for approval of the half plus one of the votes available in the General Assembly, with a quorum of two-thirds attendance of the Presidents of the College, resolving by secret ballot, with no voting delegations allowed and each single member of the Council having one vote.

The rejection of the confidence motion will lead to the end of the President and the two members of the Governing Board of their free appointment, and the General Assembly will convene the corresponding elections and to take the relevant provisions during the period up to the conclusion of the provisions. '

7. Chapter IV of Title I, which is referred to as 'The Councils of the Autonomous Community', shall comprise Article 29, which shall be read as follows:

" Article 29.

The aims and functions of the Autonomous Councils shall be those which, in each case, provide for the legislation of the Autonomous Community, as well as those establishing its own Statutes. "

8. Chapter V, entitled 'From professional congresses', which shall comprise Article 30, shall be added to Title I, which shall be worded as follows:

" Article 30.

The professional congress of the apparatus and technical architects will be state meetings to deal with relevant issues of technical or professional order, which will be called by agreement of the General Assembly of the General Council.

Congresses will be funded through an extraordinary budget.

The agreements of the congresses will guide the guidelines on which professional policy should be based. "

9. Article 31 is worded as follows:

" Article 31.

The Official Colleges and Technical Architects are Public Law Corporations with full legal personality for the fulfillment of their specific purposes, within their territorial scope.

The Official Colleges of the Apparatus and Technical Architects have the primary purpose of providing the services required by the collegiate professionals. The Collegial organization has the representation and it is the defense of the profession and must be fundamentally oriented to the provision of these services. "

10. Article 33 is worded as follows:

" Article 33.

The Official Colleges of Technical Architects and Architects will have the territorial scope and the capital that is established in the provisions for which they are created. The existing schools have a provincial scope, with the exceptions of those of Ibiza-Formentera, Lanzarote, Mallorca, Menorca, Terres de l' Ebre, Tarragona, Gran Canaria-Fuerteventura, Cádiz-Ceuta and MalagaMelilla, whose demarcation territorial is that laid down in the provisions for which, respectively, they were constituted. "

11. Article 36 is worded as follows:

" Article 36.

It is the essential purpose of these Corporations to manage the exercise of the profession of mate and technical architect, the exclusive representation of the same and the defense of the professional interests of the collegiate, all without prejudice to the competence of the public authorities for the purpose of the civil service.

It is up to the Professional Colleges to exercise the following functions in their territorial scope:

1.o Velar by the strictest compliance with the collective norms of professional performance, firm observance of the legal incompatibilities, maintenance faithful to the principles of professional deontology and how many obligations impose the provisions in force governing the functions and powers of operators and technical architects, within the scope of their competence.

2.o Comply and enforce the professional statutes and regulations of the internal regime, as well as the rules and decisions adopted by the collective bodies in matters of their competence.

3.o Promote by all means within its reach the highest technical, ethical and cultural level of its collegiate.

4.o Inform the collegiates on the scales, merely indicative, of the fees of the staff members and technical architects in their professional practice.

5.o Informar in its territorial scope and when they are required to write and modify the regulatory norms of the profession, making it through the General Council when the norms have national character.

6.o Establish administrative services and regulate the system of voluntary collection of fees to be paid for professional work, as well as to interpret the guiding collegial rules on fees.

7.o Velar for the fair distribution among the collegiate of the tax burdens and to advise them in their relations with the Administration.

8.o Issue opinions and reports and evacuate professional consultations requested by authorities, judges and courts, as well as by any public or private entity, private or collegiate, and act for the designation of experts, in accordance with Article 5 (h) of the Law on Professional Colleges.

9. To appoint the representatives of the Colleges in the entities, commissions, juries and public or private organizations for which such representation is requested.

10. To report and prosecute cases of professional intrusions before the Administration and Courts of Justice and to bring to term the precise actions in this respect, either through the College or the Autonomous or General Council, as appropriate.

11. To denounce and prosecute, in the same way, the legal transgressions known to the College, relating to actions that are detrimental to the profession.

12. To see professional work.

13. To impose sanctions and disciplinary corrections on the schoolgirls where there is a place to do so, by means of the procedure laid down in these Statutes.

14. To fix the fees and financial contributions of the members who are required, within the limits established by the General Council.

15. Raise and manage their funds by drawing up the annual revenue and expenditure budget, as well as their settlement and balance sheet, submitting these to the General Board of Colleges for sanction; finally, such documents shall be raised to the General Council for your knowledge and examination.

16. Draft its Special Statute and publish it once approved by the General Council.

17. Draft and publish its Rules of Procedure, which must be approved by the General Board of Colleges and endorsed by the General Council, as well as the rules deemed appropriate for their correct interpretation, development and application.

18. To create an inspection service covering all aspects of professional action, according to rules regulated by the Council.

19. To provide to the collegiate service of lawyers, when requested, in litigation and administrative actions arising from their professional work and, within the collegial demarcation, to act by delegation of the Council.

20. To seek the brotherhood and consideration among its members, and to cooperate with the General Council in the cultural and informative purposes, as well as in those of existing foresight and relief or to be established.

21. Any other purpose related directly or indirectly to the professional exercise, being able to create as many departments, services or commissions as suitable for the best fulfillment of those. He must keep the schoolgirls informed of all that which may affect the exercise of the profession and the proper functioning of the College.

22. To inform the career study plans, to collaborate in the organization of the teaching centers corresponding to the profession and to intervene in how many other purposes attribute to the Colleges the legal regulations in force at every moment. "

12. Article 37 is worded as follows:

" Article 37.

The first application for admission to a college must be accompanied by the title or credential that legally enables you for the professional exercise or, in its absence, a notarial testimony of the same, or certification of studies and protection have made the payment of the rights of issue, without prejudice to the obligation to submit it subsequently to the College when it is in its possession. It shall also be accompanied by proof that the amount of the entry fee has been entered in the College box, as well as the declaration of not being disabled for the professional year.

From the documentation presented, the College will issue the appropriate safeguard, until the agreement of admission by the Governing Board is communicated to it, within the deadline of thirty days.

Members who are self-employed must be discharged into the Social Security Mutual Insurance (Social Security) of the profession or the Special Regime of the Autonomous Social Security, as appropriate. "

13. Article 39 is worded as follows:

" Article 39.

Against the refusal of admission, the person concerned may bring an appeal before the Council of an autonomous level or in his absence before the General Council.

Interested persons who are refused admission to a college may reapply for membership of the College, once the reasons for the refusal have stopped. "

14. Article 41 is worded as follows:

" Article 41.

The staff members and architects will be able to join the College as an exercise or as a non-exerciser.

The membership of the College as an exercise or non-exerciser will be voluntary, regardless of the way in which the profession is exercised, however, those who wish to develop activities subject to visa must have The condition of exercising collegiality is obligatory.

Non-exercising collegians will not have the right to submit to the collegial visa in charge and professional jobs and their vote in the General Boards and elections will be the one established in Article 60 of these Statutes.

The individual statutes of each College shall regulate the procedure for moving from the position of exercising to the non-exercising and vice versa, the amount of the fees to be met by each type of collegiate and all aspects (a) formal rules on this matter.

15. Article 43 is worded as follows:

" Article 43.

The professional interventions that the members of the school are responsible for, with the exception of those formulated by the public administrations to their own officials, are subject to a collegial visa.

In the case of projects and addresses of works, it will be transferred to the Ayculos in whose demarcation the works will be carried out, in compliance with the legal provisions in force.

The visa certifies the identity and collegial enablement of the optional, the correction and formal integrity of the documentation to be presented as well as its appearance of viability according to the applicable legal regulations. "

16. Article 44 is worded as follows:

" Article 44.

The practice of the collegiate visa procedure will give rise to the accrual by the College of the economic rights corresponding to the service provided, which will be determined according to the objective parameters established in the Statutes and the payment of which will be a precondition for the withdrawal of the documents submitted to that procedure by the parties concerned.

The collegial resolution, granting the visa of the professional works submitted or denying it, must be adopted within 15 days from its presentation. The refusal may take place only if the collegial is not satisfied with the statutory conditions required, by legally established incompatibility or by incorrectness in its formal content of the technical documentation subject to the visa, in accordance with the with the established rules. However, the College may also, in the same time, agree to suspend the visa in the case of presumed incompatibility legally established or other circumstances relating to the lack of formal requirements required in the documentation submitted, agreement on granting or refusal of the same should be taken within a maximum period of two months from the suspension agreement.

The collegial, reasoned and reasoned resolution shall be notified to the persons concerned within ten days, and shall contain the full text of the agreement adopted. The notification to the persons concerned shall also indicate whether or not the decision is final on a collegial basis and, where appropriate, the expression of the remedies against that agreement, the body before which they must be submitted and the time limit for the interposing them. "

17. Article 46 is worded as follows:

" Article 46.

The Colleges will provide the comprehensive documentation of the notice-order and budget that you have

to serve for your registration and for the visa application.

The individual Statutes of each College may lay down the characteristics of the documents which, in addition to the provisions of the previous paragraph, must be submitted for the visa of professional work. "

18. Article 47 is worded as follows:

" Article 47.

Where required by the fulfilment of the provisions of the applicable general rules, the termination of any work shall be brought to the attention of the College within a period not exceeding 15 days, in accordance with the formalities to be laid down by the Statute. Where the professional intervention ceases before the end of the work entrusted, the reasons for which this is due must be noted by the collegial for the purposes of Article 48. "

19. Article 48 is worded as follows:

" Article 48.

The partner or technical architect who intervenes in professional work for which another collegiate has previously been appointed, shall inform the Board of Government of the College, for his/her due record, for the purposes of objectively define the responsibilities of each professional and the adoption of the guarantee measures that are necessary, in view of the functions derived from registration and visa as a system for the management of professional activity. To that end, the interested parties shall obtain the prior information necessary to agree on what is to be done in order to defend the legitimate interests of the collegial engaged in the first place, which is without prejudice to the practice of the registration of the new contract notice and the budget and the visa of the relevant technical documentation. '

20. Article 50 is worded as follows:

" Article 50.

Against the agreements of the College which have administrative nature, it may be possible to institute, for whom it has a legitimate interest, an appeal to the Council of the Autonomous Community or the General Council, in accordance with the in the corresponding regional regulations. The time limit for the appeal is one month from the day following the date of publication or notification of the act appealed against, or three months if the contested act is presumed.

The appeal may be brought before the College which issued the contested act and before the body responsible for resolving it. In the first case, the latter shall forward it, together with the file, where appropriate, and with its report within 10 working days, in accordance with the provisions of the applicable legislation.

After three months from the position of the raised resource without the notification of its decision, it shall be deemed to be dismissed, leaving the administrative-administrative route expeditious.

Regiran for the purposes of the resources and time limits the provisions which, on the legal nature of the collective acts, are set out in Articles 19 and 20 of these Statutes. "

21. Article 51 is worded as follows:

" Article 51.

Collegians will be entitled, on the part of the College, to the defence of professional interests, protection against intrusive, advice on the various aspects of the profession and to professional retraining. "

22. Article 52 is worded as follows:

" Article 52.

The collegiate condition is lost:

(a) By resignation or voluntary leave, requested in writing that the person concerned shall direct the President of the College.

b) By expulsion from the agreed College as provided in these Statutes.

(c) By a firm judicial sentence of disqualification for the exercise of the profession.

(d) For one year to leave unpaid ordinary, extraordinary or professional fees for professional assistance subject to a visa, after opening by the College of the relevant file and adoption and firmness of the relevant agreement.

e) By death. "

23. Article 54 is worded as follows:

" Article 54.

The General Board of Colleges is the supreme body of the College. Their agreements, taken within the powers that these Statutes set for the same, oblige all the collegians.

They are the privileges of the General Board of Colleges:

(a) The approval and amendment of the Rules of Procedure of the College.

(b) The determination of the financial contributions of the members of the College to the College by way of ordinary and extraordinary fees, of rights for professional interventions subject to visa and any other corresponding to receive the College, within the limits set by the General Council or the Councils of the Autonomous Community, within the framework of their respective powers.

c) Approve the ordinary or extraordinary budgets and the accountability of them.

d) Approve the investment proposals of the property of the College.

e) The creation or dissolution of the College's delegations and the rules of operation of the College, giving the Council's account.

f) Create commissions, when deemed appropriate, for the best study of the professional issues that require it.

g) Solve on the motions of confidence or censure formulated with respect to the components of the Governing Board, with the power to cease them in their positions in the case of the success of the motion of censure, according to what is establish the effect on the individual Statutes and the Rules of Procedure.

(h) Designate, in the form that the Special Statutes establish, the components of the Board of Elections. "

24. Article 55 is worded as follows:

" Article 55.

The collegiate will meet in regular General Meeting twice a year.

The first one will take place in the first semester, it being mandatory to include in it the examination and approval, if necessary, of the accounts of the previous year, as well as of the memory that the Board of Government submits to its knowledge and in which, with clarity and precision, the work carried out in the previous year will be exposed. For the best knowledge of the collegiates, both documents, together with the call and the provisional agenda, must be available to them, at least, with thirty calendar days in advance of the meeting of the Board.

The second regular General Meeting will be held during the fourth quarter, with the budgets of the following year, which must also be available to the collegiate, with the call and order. of the provisional day, thirty calendar days before the meeting. "

25. Article 60 is worded as follows:

" Article 60.

In the General Boards, both ordinary and extraordinary, all the collegians will have the right to vote. The value of the vote of the collegial exercised shall be twice the value of the non-exerciser. '

26. Article 70 is worded as follows:

" Article 70. From The Treasurer.

It is up to the Treasurer to carry out the charges and payments ordered by the President, with the purpose of the Contador and prior to the timely release, taking the necessary guarantees to safeguard the funds and patrimony of the College, signing in union with the Contador or President, if any, the documents for movement of the College's funds.

These functions may be performed in conjunction with those corresponding to the Accountant, if the Special Statutes were to collect the figure of Treasurer-Accountant. "

27. Article 79 is worded as follows:

" Article 79.

All resident and exercising collegians who have the status of electors may present themselves as candidates for any managerial position of the College, with the exceptions of the following article. "

28. Article 84 is worded as follows:

" Article 84.

Will be ordinary resources of the Colleges:

(a) The products of the goods and rights held by the Corporation, as well as the services and activities of any order that it develops.

(b) The rights of incorporation, as well as the fees that the collegias must satisfy.

(c) The rights to professional interventions of the members subject to visa, determined according to objective parameters derived from the nature, entity and complexity of the corresponding professional act, and the corresponding to the activities of the College by means of arbitrations, assessments, the issuing of certifications or other tasks carried out within its functions, established in accordance with the applicable collegial criteria and regulations. "

29. Article 88 is worded as follows:

" Article 88.

The distribution of the collective burdens among its members must be done with respect to the principles of distributive justice and equity. "

30. Article 94 is worded as follows:

" Article 94.

For the purpose of the effects, the faults will be classified as follows:

Minor Faults:

(a) The inwarning and negligence excusable in the fulfilment of statutory precepts or agreements of the governing bodies of the College.

b) The improprieties of little transcendence in the performance of professional work.

c) The repeated failures of attendance or delegation of the same to the meetings of the Governing Board, the Delegates, Commissions and other corporate entities.

d) Inconveniences and disconsiderations of minor importance among peers.

(e) The minor acts of collegial indiscipline, as well as those that publicly damage the decorum or the prestige of the profession and, in general, the other cases of non-compliance with the professional or collegiate duties occasioned by an excusable and circumstantial carelessness.

Severe Faults:

(a) The inexcusable breach of the provisions of the statutory precepts or the agreements of the governing bodies of the General Council or the respective College.

(b) The falsehood in any of the documents to be processed through the College, where it has been declared by the competent jurisdiction.

c) Inaction in contracted work and the unjustified perception of professional fees.

d) The cover-up of professional intrusive by the collegiate, when it would have been declared by the competent jurisdiction.

e) The performance of works or the hiring of services by mediating, unforeseen or other serious circumstance that has an effect on the professional prestige or that have been declared by the competent jurisdiction of unfair competition, in the terms laid down in the legislation in force.

f) Failure by the collegiate of any rule dictated by the State Administration for the application or interpretation of these Statutes.

g) Public, verbal or written exposure of matters inherent in the profession that result in a disrepute or impairment of the same or of the companions.

(h) The repeated acts of collegial indiscipline, including those of disconsideration towards the components of the Governing Board and other collegial organs.

Fatal faults:

(a) They shall be considered to be very serious faults, all of which have been classified as serious, provided that circumstances of special malice and dole are in them, for which their effects are of considerable harmful relevance.

b) Being convicted of a criminal offence, considered to be a public or an affront to the public.

c) To carry out actions that are in a transcendent way to dignity or to professional ethics. "

31. Article 96 is worded as follows:

" Article 96.

The disciplinary penalties provided for in the previous article cannot be imposed without the prior training of the case, except in cases of minor faults. The actions shall be initiated by agreement of the Governing Board on the origin or non-opening of the file, at the request of a party, when it becomes aware or receives communication or denunciation of an alleged infringement.

Before agreeing on the opening of the file or, where appropriate, the file of the proceedings, the Governing Board may decide on the practice of reserved information. The instructor and secretary shall be appointed in the opening agreement of the file in accordance with the terms of Article 92.

The obligation to resolve and the effects of the lack of express resolution shall be governed by the provisions of Chapter I of Title IV of Law 30/1992, of 26 November, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure, as amended by Law 4/1999 of 13 January.

The limitation period for the infringements will be three years for the very serious, two years for the serious and six months for the minor ones. Penalties imposed for very serious misconduct will be imposed at three years, those imposed for serious misconduct at two years and those imposed for minor faults a year. The time limit for the limitation of the infringements shall start from the day on which they were committed and the time of the penalties from the day following the day on which the decision imposing the sanction is final. '

32. Article 99 is worded as follows:

" Article 99.

Against the failure of the disciplinary record, it will be possible to bring an appeal, in accordance with Articles 114 and 115 of Law 30/1992, of 26 November, as amended by Law 4/1999, of 13 January. The Council shall be aware of the action by the Council at the regional level or, failing that, the General Council.

Against the resolution of the appeal, whether express or not, an appeal may be brought before the judicial-administrative jurisdiction, in accordance with Article 46 of Law 29/1998 of July 13, regulating the use of the jurisdiction. '