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Order Of 15 December 1998 By Which The Provisional Statute Of The General Council Of Official Colleges Of Podiatrists Are Published.

Original Language Title: Orden de 15 de diciembre de 1998 por la que se publican los Estatutos provisionales del Consejo General de Colegios Oficiales de Podólogos.

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TEXT

Law 3/1998 of 3 March, establishing the General Council of Official Colleges of Podogists, provides for the first transitional provision of the constitution of a Gestora Commission composed of a representative of each of the the Official Colleges of Podologists existing in the national territory which shall draw up provisional Statutes including the rules for the establishment and functioning of the governing bodies of that General Council.

Elaborate by the cited Commission Gestora the indicated provisional statutes and verified their adequacy to the legality, it is appropriate, as provided for in paragraph 3 of that transitional provision, to order their publication in the "Official State Gazette".

In its virtue, I have:

First.

Publish in the "Official State Gazette" the provisional Statutes of the General Council of Official Colleges of Podologists, which are listed as an annex to this Order.

Second.

The Management Committee of the General Council of Colleges of Podologists shall transmit to this Ministry a certified copy of the calls referred to in the first transitional provision of the provisional Statutes. This certified copy of the minutes of the General Assembly of the General Assembly of the General Council of Official Colleges of Podologists shall also be sent to this Department.

Third.

This Order and the provisional Statutes set out in the Annex shall enter into force on the day following that of its publication in the Official Gazette of the State.

Madrid, December 15, 1998.

ROMAY BECCARIA

ANNEX

Provisional Statutes of the General Council of Official Colleges of Podologists

CHAPTER I

From the organs of the General Council

Article 1. Composition of the General Council.

1. The General Council of Official Colleges of Podologists is constituted by collegiate bodies and single-person charges.

2. The collegiate bodies of the General Council are:

a) The General Assembly.

b) The Governing Board.

3. The one-person positions of the General Council, which together constitute the Governing Board, are:

a) The President.

b) The Vice President.

c) The Secretary-General.

d) The Treasurer.

e) The Vocal first.

f) The Vocal second.

CHAPTER II

From the General Assembly

Article 2. Competencies.

1. The General Assembly is the organ of representation of the Official Colleges of Podologists in the General Council and its superior governing body. It therefore assumes all the powers of this and in particular the following:

(a) The approval of the General Statutes provided for in Article 6.2 of the Law of Professional Colleges for submission to the Government's approval.

b) The approval of the ordinary and extraordinary budget, and the annual accounts of the General Council.

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

d) Choose the Governing Board.

e) Caesar to the Governing Board or to some of his posts by adopting the vote of reprobation or censure.

f) How many functions are derived from these provisional Statutes and not be the competence of the Autonomous Councils or the Colleges of Podogists.

2. The decisions of the Assembly are binding on all the Colleges integrated in the General Council of Official Colleges of Podologists.

Article 3. Composition and share of votes.

1. The General Assembly is composed of the following members, all of whom have a voice:

(a) The Presidents or Dean of all the Official Colleges of Podologists, who may be represented by their Vice-Presidents or Vice-Presidents or by the member of the Governing Board in whom they delegate.

For the elections of the Governing Board, for the motions of confidence, reprobation and censorship, and for the reform of these provisional Statutes, each one will have a vote.

For all other matters that are responsible for the Assembly, they will have the number of votes, in relation to the number of collegiates incorporated in the respective college, that result from applying the following rule:

Colleges with 1 to 25 collegiate: One vote.

Colleges with 26 to 200 collegiate: Two votes.

Colleges that have 201 or more collegiate: Three votes.

b) The members of the Governing Board, who will jointly contribute to the decisions with a single vote, expressed by the President or Board member in whom he delegates, except in the elections of the Board itself and the motions of confidence, reprobation and censorship, in which it will lack the right to vote.

2. For the purposes of the above calculations, account shall be taken of the number of members of each College at the time of the call.

Article 4. Meetings.

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

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

a) The Governing Board.

(b) One third of the members of the Assembly provided for in paragraph 1. a) of the previous article.

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

4. The Assembly shall be validly constituted on the first call when the majority of its members are present, provided that, among them, the President and the Secretary or those who replace them are found. On the second call, which takes place within half an hour, it shall be validly constituted whatever the number of members present.

5. In the event of absence, the Presidents or Dean of the Colleges may be represented by the respective Vice-Presidents or Vice-Presidents, or by the member of their Board in which they delegate, in the latter case, with due accreditation.

6. Unless otherwise provided for in these Statutes, the Assembly shall adopt by a majority vote.

CHAPTER III

From the Governing Board

Article 5. Competencies.

The Governing Board is responsible for:

a) The official representation of the General Council.

b) The implementation of the Assembly agreements.

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

d) Continuing Education programming.

e) The drafting of draft proposals for Regulations, Codes and other State-wide collective rules.

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

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

h) The preparation of the issues to be dealt with by the General Assembly.

(i) Create the appropriate Commission with its own resources, approved in the general budget, to coordinate and support scientific societies linked to the Council, as well as the organisation of the national and international congresses.

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

k) The execution of General Council budgets.

(l) The resolution of the appeals brought before the General Council, as soon as they are competent for the General Council.

m) Exercise the disciplinary functions assigned to the General Council by the Statutes, and appoint, as appropriate, Instructor and Registrar, who will instruct the file and draw up the motion for a resolution that shall report to the Governing Board.

n) Promote image measures of the profession.

n) Inform the Colleges and the members of the General Assembly of their actions and how many issues affect them.

o) Name experts for specific Work Commissions.

Article 6. Meetings.

1. The Governing Board shall prepare and approve a Regulation to regulate its meetings and organisation of work.

2. The Governing Board shall meet in plenary at least once a month, without prejudice to the fact that it may do so, in plenary or in the Standing Committee, more frequently.

3. The Standing Committee shall be constituted by the President or the Vice-President, the Secretary-General and the Treasurer, and shall understand, by delegation of the Governing Board, the matters that are attributed to him.

4. The calls, with the order of the day, shall be made by the Secretary-General by any means of written communication, one week in advance, except in cases of urgency, in which the time limit may be shortened to 24 hours.

5. The agreements of the Governing Board and the Standing Committee shall be adopted by a majority of votes.

CHAPTER IV

From one-person charges

Article 7. From the President.

1. Corresponds to the President:

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

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

c) To exercise all rights and to fulfil all the obligations incumbent upon it, in accordance with the provisions of these Statutes and the agreements of the collegiate bodies of the General Council.

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

e) Visar, together with the Treasurer, payments to satisfy the obligations of the General Council and its subsidiary entities, in accordance with the amounts shown in the corresponding budgets.

f) Authorize the minutes and certificates to proceed.

g) Call, chair and lift the sessions of the collegiate bodies, both ordinary and extraordinary, as well as maintain order and grant the use of the word, unless expressly delegated to another member thereof.

h) Exercise the right to vote in the General Assembly on behalf of the Governing Board, or delegate it to one of its members.

i) Appointing, by agreement, the Board of Government, the Commissions, the Ponences and the Working Groups with experts or advisors on a specific subject that he considers necessary for the best development of the role of the collegial organization and the study and resolution of the matters or interests which are the responsibility of the Council, being able to do so directly, in case of urgency, in which case it shall give the Governing Board the first meeting of the Governing Board to be held.

j) Chair or delegate the chairmanship of any Commission, Ponance or Working Group.

k) Inform the General Assembly, the Governing Board or its members, with the power of initiative, in all matters falling within the competence of the General Council itself.

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

The President shall specifically strive to maintain the greatest harmony and brotherhood among the members of the General Council, seeking that any dispute between them, whatever their nature or nature, is resolved within the (a) the Council and the Council of Ministers shall ensure that the actions of the Council and the Colleges are tempered for the purposes of the collegial.

Article 8. From the Vice President.

The Vice President shall carry out all the functions delegated to him by the President, assuming the latter in the event of absence, disease, abstention, recusal or vacancy, without the need to justify himself third parties.

Article 9. From the Secretary-General.

It's the Secretary-General's competence:

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

b) Custody of the Council's documentation.

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

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

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

(f) To carry the necessary records, to extend and to authorize the certificates which they have obtained, as well as the ordinary and circular communications which have been, if necessary, authorized by the collegiate bodies or the President.

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

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

i) To direct the missions that the Statutes attribute to you, and any other missions that the Board of Government of the Council entrust to you.

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

k) Act with full powers in the exercise of the functions of his office. To this end, you will be able to hear the guidelines and reports that, depending on the nature of the issues to be resolved, will be provided by the Executive Directorate, if any, by the Legal Counsel and any other advice that you consider relevant. These reports, however, will not be binding on the Secretary-General.

l) Compose the Annual Memory.

Article 10. From The Treasurer.

Corresponds to the Treasurer:

a) Raise and safeguard under its responsibility the funds belonging to the General Council, not being able to have in Caja amount higher than that which the Board of Government agrees.

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

c) To formalize all quarters the corresponding income and expense accounts, submitting them to the approval of the Governing Board and giving you the status of Caja.

d) Enter and withdraw funds from current accounts, by signing jointly with the President.

e) Constituency and cancel deposits by agreement of the Governing Board by joining its signature to that of the President.

f) Formalize, subject to the approval of the Governing Board and the General Assembly, the annual revenue and expenditure account of the Council.

g) Formulate the revenue and expenditure budget for the normal development of the Council during the following financial year, which shall be subject to the approval of the General Assembly.

(h) Inform the Governing Board and the General Assembly, when required to do so, of the economic progress of the Council.

i) Browse and report all years of the Treasury account.

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

k) Present in the sessions of the Governing Board the ratio of the payments to be verified.

l) Those other functions entrusted to you by the Governing Board.

Article 11. From the Vocals.

It is up to the Vocals to exercise the functions inherent in their status as members of the Governing Board. The Vocal will first replace the Secretary-General and the Vocal second to the Treasurer in the cases of absence, disease, abstention or recusal.

Article 12. Representation expenses of the members of the Governing Board.

General Council charges shall not be remunerated, but in order to address the costs of representation and compensation for dedication, the Assembly shall, on a proposal from the Governing Board, fix the appropriate items.

CHAPTER V

Of the duration, cessation, and replacement of single-person charges

Article 13. Duration and causes of termination of charges.

1. The term of office of the Governing Board arising out of these provisional Statutes shall end once the General Statutes have been approved, at which time the corresponding electoral process shall be opened, in accordance with the provisions of the Transitional provisions of Law 3/1998 and with the determination of those Statutes.

2. In this period, you may terminate your charges for the following reasons:

a) Voluntary personal resignation.

b) Loss of statutory requirements to perform the job.

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

d) Motion of reprobation or of censure approved in accordance with the rules of these Statutes.

e) Santion for serious or very serious disciplinary infringement, relapse by firm administrative, judicial or corporate resolution.

Article 14. Occupation of vacant positions.

1. If the Chair becomes vacant, the Vice-President shall assume his duties.

2. If any other position is vacant, your position shall be automatically assumed by the following member in the order of composition of the Governing Board. For the second Vocalia, the Governing Board shall appoint a member of the Assembly to meet the corresponding eligibility conditions for the purpose until the end of the term of office.

3. If there are simultaneously vacancies in the presidency and vice-presidency, or in more than half of the one-person positions, the corresponding electoral process will be opened immediately.

Article 15. Question of trust.

1. Any one-person office or the full Board of Government may voluntarily submit, when circumstances are given, to be recommended by the General Assembly's vote of confidence.

2. For confidence, the members of the Assembly referred to in the first subparagraph of Article 3 (a) shall have a single vote, and the Governing Board shall not have the vote.

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

Article 16. Reprobation.

1. The General Assembly may reprove to the Governing Board or to any of its posts.

2. The proposal for a reprobation shall clearly express the reasons on which it is based, and shall be signed by at least one third of the members of the Assembly.

3. The President shall present the proposal to the General Assembly on an extraordinary basis, within a maximum of one month and at least 15 days in advance of its conclusion. If it fails to do so, the oldest member of the signatories of the reprobation proposal shall be empowered to convene it.

4. For reprobation, the members of the Assembly referred to in the first paragraph of Article 3 (a) shall have a single vote, and the Governing Board shall not have the vote.

5. To prosper the motion of reprobation must be approved by the two-thirds of the votes cast.

6. If the motion for a reprobation is successful, the reprobate one-person charges shall cease in his/her term of office and, if the cases referred to in Article 13 (3) are given, an electoral process shall be opened, constituting an interim management. to hold elections for single-person charges within a maximum of 15 days.

CHAPTER VI

From the electoral regime

Article 17. Applicable rules.

1. The electoral system of the single-person positions of the Governing Board shall be governed by the provisions of these Statutes.

2. Nominations for the charges will be filed in closed lists, which will be voted on globally.

Article 18. Eligibility conditions.

1. All members of the Governing Board may be eligible to participate in the General Assembly.

2. No candidate will be eligible for more than one charge.

Article 19. Electors.

1. Members of the Assembly referred to in the first subparagraph of Article 3 (a) shall have the right to vote and shall have a single vote.

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

3. No vote by post shall be admissible, nor shall the delegate vote, except as provided for in Article 4.5.

Article 20. Voting procedure, scrutiny and proclamation of elected office, and inauguration.

(a) The call for elections must be carried out by the Gestora Commission, thirty calendar days before, at least, the date of the celebration and shall be sent to the Presidents of the Official Colleges of Podologists with the list Members with the right to participate in the General Assembly.

Members of the Assembly who wish to make any complaints against the list of voters must formalize it within eight days of being sent.

These claims must be resolved by the Gestora Commission within three days of the expiration of the deadline to make them, and the resolution must be notified to each claimant within eight days. next.

(b) Applications shall be submitted to the Secretariat of the Management Committee of the General Council within eight calendar days following the date on which the call has been made public, and after these eight calendar days. the list of applications submitted shall be made public within three working days.

(c) The day set for the elections shall be held at the premises and time of the convocation of the Electoral Bureau, which shall be composed of a President and a Secretary, who shall in no case be candidates for that election, The President of the Bureau is the oldest Podologo and the youngest Secretary. Each candidature may appoint a Financial Controller to represent it in the electoral operations.

d) The ballot box will be found at the polling station, which will be closed leaving only one slot for the introduction of the votes.

(e) The electoral bureau is established, the president will indicate the beginning of the vote, and at the time scheduled to be held, the doors of the room will be closed and only the voters who are inside the room will be able to vote. same.

f) Assembly attendees will vote using only one ballot. Upon identification, the ballot shall be delivered to the President, who shall deposit it in the ballot box, in the presence of the voter. The Secretary of the Bureau shall indicate on the list of voters who shall vote.

g) Finishing the vote, counting will proceed. Those ballots that contain expressions other than the strict content of the vote or erasures that make it impossible to identify the will of the elector and those who appoint more than one candidacy or to be null and void shall be declared null and void. incomplete applications.

h) Finished the scrutiny, the presidency will announce the result and act followed will be proclaimed elect the candidacy that has obtained the highest number of votes.

(i) The vote and the outcome of the vote shall be followed by the act followed, which shall be signed by all the members of the Bureau.

(j) The elected members of the Governing Board shall take possession of the posts following the proclamation of the election.

(k) The appointments shall be communicated within ten days of the date of production to the corresponding Department of the Ministry of Health and Consumer Affairs.

(l) If only a single application has been submitted, it shall be automatically designated and the electoral bureau shall declare it elected, without requiring the vote to be held.

Article 21. Resources.

1. All electoral incidents, and the minutes referred to in the previous article, shall be used once the act has been completed before the electoral bureau, which shall decide after the relevant examination.

2. An administrative dispute may be brought against the resolutions of the electoral bureau.

CHAPTER VII

From Financing

Article 22. Funding.

1. Without prejudice to the existence of other sources of income, the financing of the General Council comes from the collegiates, who will contribute to their support with identical quotas, irrespective of the participation which, if any, they should have for their respective Autonomous College.

2. In cases where they are carried out in localities belonging to different Official Colleges, the General Council fees and charges shall be paid only through the College corresponding to its principal activity.

3. The collection of the fees of the schoolgirls shall be carried out by their respective Official Colleges, which shall be transferred to the General Council at the end of the expired quarter.

4. Members who, by virtue of merit or age, have been declared exempt from quotas by their respective Official College, shall also be exempt from quotas to the Council.

5. The General Assembly, when approving the budgets, will set the fees of the schoolgirls.

6. The General Council may conclude agreements with collaborating entities that contribute to cover expenses, provided that the deontological principles are not violated, and therefore, prior to their approval by the Assembly, they must be evaluated by the Deontological Committee.

Article 23. Economic regime.

1. The economy of the General Council is independent of that of the Official Colleges.

2. The General Council shall adopt a General Regulation Regulating its Budgets, in which the general criteria for disaggregation in objectives, chapters and accounts, and those of limitation, linking and authorization of transfers of appropriations. Its approval is the competence of the General Assembly, on a proposal from the Governing Board.

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

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

CHAPTER VIII

From Staff

Article 24. Executive and labour staff.

1. The Council may, through its Governing Board, hire the staff it deems necessary for its proper functioning and fulfilment of its objectives, in accordance with the economic budgets and the establishment plan approved by the General Assembly.

2. The Secretary-General is responsible for the Head of the Council's staff.

Article 25. Legal advice.

1. The General Council shall have the appropriate Legal Advice in accordance with the budgets approved by the Assembly.

2. The Legal Advisory Committee shall take care of the adequacy of the decisions, files and actions in general of the respective bodies and, for this purpose, shall issue the reports or opinions that proceed.

3. The Legal Counsel shall be appointed by the General Assembly, on a proposal from the Governing Board.

First transient disposition. Constitution of the governing bodies.

Within 15 days of the publication of these provisional Statutes in the "Official State Gazette", the Management Committee of the General Council of the Official Colleges of Podogists will carry out the process The election, proclamation and inauguration of the members of the Board of Directors of the General Assembly will be held for the appointment of the Governing Board and for the constitutive session of the General Assembly. Government.

Second transient disposition. Elaboration and approval of the General Statutes.

Within one year of its constitution, the General Council of the Official Colleges of Podogists shall draw up the Statutes provided for in Article 6.2 of the Law of Professional Colleges, which shall be subject to the approval of the Government through the Ministry of Health and Consumer Affairs.