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Resolution Of 21 July 1997, By The Secretariat, Which Prepares The Publication Of The Resolution Of July 4, The President Of The National Institute Of Statistics And The Director General Of Territorial Cooperation, Which Is D...

Original Language Title: Resolución de 21 de julio de 1997, de la Subsecretaría, por la que se dispone la publicación de la Resolución de 4 de julio de la Presidenta del Instituto Nacional de Estadística y del Director General de Cooperación Territorial, por la que se d...

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TEXT

Due to the new system of management of the Municipal Register, introduced by Law 4/1996, of January 10, and Royal Decree 2612/1996, of December 20, and in use of the powers conferred by Article 60 of the said Royal Decree, the President of the National Institute of Statistics and the Director General of Territorial Cooperation, on a proposal from the Council of Empadronation, have agreed the technical instructions to the Councils on the update of the Padron Council Directive of the European Parliament and of the Council

For general knowledge the publication is available.

Madrid, July 21, 1997. -Assistant Secretary Juan Junquera Gonzalez.

ANNEX

Resolution of 4 July 1997, jointly by the President of the National Institute of Statistics and the Director General of Territorial Cooperation, for which technical instructions are given to the Councils on updating of the Municipal Register

Law 4/1996, of 10 January, amending Law 7/1985, of 2 April, regulating the Bases of the Local Regime in relation to the Municipal Register, and the Royal Decree 2612/1996, of 20 December, for which it is amended The Regulations of Population and Territorial Demarcation of the Local Entities, approved by Royal Decree 1690/1986, of July 11, have introduced a new system of management of the Godfather of inhabitants that results for the new ones in many aspects.

The desirability of unifying the criteria for applying these standards and offering the more than 8,000 Ayuntamas guidelines that will allow them to resolve in a uniform manner the issues that their neighbors pose to them in the field of It is advisable to use the faculty assigned jointly to the Ministries of Economy and Finance and Public Administrations, on a proposal from the Council of Empadrönment, by the new text of Article 60.1 of the Population and Territorial Demarcation of Local Entities.

In its virtue, and in accordance with the proposal raised by the Council of Emgroping, we have:

1. Standard sheet model

In order to facilitate compliance with the obligation imposed by the Ayalculas under Article 58.1 of the Population and Territorial Demarcation Regulation of Local Entities, Annex I to this Resolution includes: The standard leaf model that the Aypulos can use for this purpose.

This same model can be used by the neighbors for the communication to their City Council of the rectifications to be entered in their data, when they contain some error, and of the variations that need to be reflected in their registration, when their personal circumstances have changed.

This model requires the appropriate adaptation, in the municipalities in which other Spanish languages coexist as officers, to address the needs of all its neighbors in terms of their language of expression in their relationship with the Administration.

In this case, as well as in the case of Ayalsones who intend to use forms other than those approved by this Resolution, the corresponding models must be approved by their respective Provincial Section of the Council of Empadronment.

2. Representation

The representation of minors and disabled persons (legal representation) is governed by the general rules of Civil Law (article 54.2 of the Population and Territorial Demarcation of the Local Entities).

In accordance with the provisions of Article 162 of the Civil Code, in principle, the presentation of the Family Book to repudiate the representation of children by any of their parents is sufficient. In the case of separation or divorce, it is the representation of minors, for the purposes of registration, to the person who has their custody and custody, which must be credited by means of a copy of the corresponding judicial decision. In the same way, in the cases of guardianship, reception, etc., a copy of the judicial resolution must be provided.

There is a possibility that in a home address only minor persons will live. First of all, the youngest of the age of sixteen may be emancipated, which "enables the child to govern his person and property as if he were older" (article 323 of the Civil Code).

It should also be taken into account that, according to Article 319 of the Civil Code, "it will be rejected for all effects as emancipated to the eldest son of sixteen years who with the consent of the parents will live independent of these". Given that the Civil Code does not require any formal requirement for this consent, and that it configures this emancipation system as a presumption, the manager of the Padron must understand that when a greater than sixteen years is registered in a The address other than that of your parents or guardians is precisely because you have your consent to live independently. It is therefore right to discharge in the Register a minor who is older than sixteen years without requiring requirements or documents other than those required for any age.

On the other hand, Article 48 of the Civil Code provides for the possibility (with judicial authorization) to marry from the age of fourteen, and according to Article 316 of the same Code " marriage produces law emancipation. " For this reason, minors who credit their status as married can register with the Padron in an independent address: for this reason, the presentation of their own Family Book will be enough.

It is not possible to discharge in the Padron, in an independent address, to a child of less than sixteen years without express and written authorization from his parents or guardians. The problem here arises when, in a registered register of children under the age of 16, the only person of age who is registered at that address, or all of them if they are several, is to be discharged.

Since Article 70 of the Population and Territorial Demarcation Regulation of Local Entities automatically configures the discharge of persons who have moved their residence to another municipality, it is evident that the The town hall where there is a low level can do nothing to prevent the existence of registered register where only under sixteen years. In these cases, the Town Hall where the discharge has occurred will communicate this circumstance to the discharge, in order to verify that this is not an administrative error. Once this has been confirmed and by analogy with the provisions of Article 54.3 of the Regulation, the City Council must inform the competent Social Services in its municipality and maintain the registration with the minors. until the competent authorities regulate the situation.

There are times when one or more minors appear to be registered alone in a home, but, on the other hand, it is relatively common for minors who live not with their parents but with other relatives (grandparents, uncles, etc.). etc.). In these cases, requiring an express authorization from the parents or guardians would clash with the social reality, so the accreditation of such authorization should only be demanded in the cases where one of the parents expressly expresses his opposition. to the minor living apart from him. Where such a case occurs, the child shall be registered at the address of the parent who is assigned to him or her custody, or in which the latter is authorised in writing.

The voluntary representation in the register is governed by the general rules of our legal order, and, in particular, by Article 32 of Law 30/1992, of 26 November, of the Legal Regime of the Administrations Public and the Common Administrative Procedure.

This article provides for an alleged representation for "acts and procedures of mere processing." In our case, we may be able to consider as such the data updates of the registered ones, but clearly it is not an act of processing the transfer of residence or change of domicile of a family, therefore the authorization of all the older, non-disabled, who compose it.

Article 57.2.a) of the Regulation allows for the registration of a representation to be granted by each neighbour in the register. The rigorous development of this forecast would mean that each member of a family would appoint other people (not necessarily from the same family and not necessarily all of his family) to represent him before his Town Hall. Such a system would cause infinite errors and complicate the management of the Padron.

Therefore, in the model of the standard sheet included in the Annex to this Resolution, only the assumption that all the members of the family grant their representation to any of the oldest non-disabled which compose it. The family that does not accept this system will be obliged to grant its individualized representation for each specific management act that one of its members intends to hold before the City Council on behalf of all.

To credit the representation, it will be sufficient a writing in which the neighbor (identified with his name and surname and number of DNI or document that replaces it) authorizes the representative (identified in the same way) for the procedure or specific action to be requested. The document must be signed by the neighbor who grants the authorization, the signature of which may be contrasted with the one shown on his or her standard sheet or with photocopy of his or her national identity document to be accompanied. The representative shall be accredited with his DNI or document to replace him.

The presentation to the Town Hall of a completed standard sheet, in which the signatures of all the registered older non-disabled persons appear (accompanied by the respective photocopies of the national documents of the identity, or equivalent, for contrast of the signatures) is equivalent to the granting of the representation of all of them in favor of the one that performs the procedure, provided that this is precisely one of those that appear on that sheet.

The lack, in this case, of any or some of the signatures of the related persons on the sheet must be interpreted by the manager of the Padron as a subsable defect, which must be corrected by the representative, but not prevents registration in the Register of all persons included in the sheet.

In this case, the manager of the Padron will warn the person who presents the sheet that he is obliged to deliver in the City Council, within the next ten days, the documents that credit his powers of representation to him. Town hall of all the empadronados. These documents may be, as has been pointed out, either the corresponding written authorization for the procedure, or a new standard sheet duly completed and with all the signatures, and in both cases accompanied by the respective photocopies of the DNI or equivalent document.

Non-compliance with this requirement by the neighbor does not invalidate the registered standard registration, which remains a valid registration affected by a subsable defect. However, the manager of the Padron should save his responsibility by keeping a document, signed by the person who has submitted the incomplete standard sheet, in which it is stated that he has been warned of his obligation to document the representation that is attributed, and which undertakes to fulfil this obligation within the prescribed time limit.

3. Data Check

The Godfather is the administrative register that aims to reflect the address of the people living in Spain. Its objective is, therefore, to state a fact, which is why, in principle, it must not be distorted by the rights which may or may not correspond to the neighbour to reside in that domicile, or by the rights which could be derived from the issue of a certification certificate of that fact.

In line with this objective, the fundamental norm that should preside over the municipal management performance of the Padron is the one contained in article 17.2 of the Law of Local Regime Bases: " They will carry out the actions and operations necessary to keep their Padrones updated so that the data contained in these matches the reality ".

Therefore, the powers attributed to the City Council in article 59.2 of the Population and Territorial Demarcation Regulation of the Local Entities to demand the contribution of documents to their neighbors have as their sole purpose "check the veracity of the data entered", as the article itself states.

As a result, as soon as the municipal manager acquires the conviction that the data contained in the registration is adjusted to the reality, it no longer has the power to ask the next neighbor to justify credit that fact.

And, in particular, the possibility for the City Council to request from the neighbor "the title that legitimizes the occupation of the dwelling" (Article 59.2 of the Regulation) does not attribute to the local authorities any jurisdiction to judge questions of ownership, of urban leases or, in general, of a legal-private nature, but has for the sole purpose to serve as evidence element to prove that, indeed, the neighbor inhabits in the address that he has indicated.

Therefore, this title can be a deed of ownership or a lease, but also a contract of supply of a housing service (water, gas, electricity, telephone, etc.), or, even, not exist in absolute (case of untitled occupation of an alien property, whether public or private). In the latter case, the municipal manager should check by other means (local police report, inspection of the service itself, etc.) that the neighbour actually lives in that address, and if so, register it in the Padron, with complete independence of the legitimate owner exercising his rights with the competent authorities or courts, which shall never be the managers of the Padron.

When a citizen requests his discharge from a home where other people are already registered, instead of asking him to provide the document that justifies his occupation of the house, he should be required to have authorization by written by an older person who is registered at that address.

If, on the occasion of this registration, the municipal administration warned that the people who are registered at that address have abandoned it, it will accept the registration of the new residents in the housing the ordinary procedure, and, at the same time, it shall initiate a discharge file in its Register of persons who no longer live in that domicile. This circumstance may be referred to in the 'observations' section of the certificate which may be issued at the request of the new entries.

And when the discharge occurs in a collective establishment (residences, convents, etc.), the authorization must be subscribed by the person who has the address of the same. In such cases, the term "collective" shall be stated in the "housing type" section of the standard sheet. In other cases, the type of housing is "familiar".

The municipal authority to check documents certifying other registration data (number of the national identity card, school qualification, etc.) must be exercised in accordance with the same criteria as requiring their (a) to the extent that it is necessary to acquire the assurance of the accuracy of the data entered.

On the other hand, as noted above, the primary obligation of the standard manager is the maintenance and updating of the information contained in the Padron. The Law (Article 17 (1)) and the Regulation (Article 63) provide for the collaboration of other public administrations to assist the Councils in this mission, but this provision in no case replaces that municipal responsibility, so no there is a doubt that the Councils should not wait for the reception of the information that other administrations can provide to them to update how many variations occur in the standard information and of those with knowledge of any other means.

4. Margining of marginalised people

As stated in the previous standard, the Padron should reflect the domicile where each neighbor of the municipality actually lives. Whenever such a reality occurs, it must be stated in the Padron. And in the same way that the registration is completely independent of the legal and private controversies regarding the ownership of the dwelling, it is also of the physical, sanitary or other circumstances that affect the domicile.

Consequently, the infraviviendas (shanties, caravans, caves, etc., and even total absence of ceiling) can and must appear as valid homes in the Padron, since the reality is sometimes like this.

The most extreme situations may raise the question of whether or not they come from the Municipal Register. The criterion to be used for this decision is determined by the possibility or impossibility of directing a communication to the registered office to the registered office. In the event that it is reasonable to expect that communication to be made known to the recipient, it must be registered in that address.

The correct application of this criterion determines, on the one hand, that any address in which the neighbours actually live must be accepted as their domicile, and, on the other, that it can and must be used for a "fictitious address" in the cases where a person who has no roof usually resides in the municipality and is known to the corresponding Social Services.

The conditions that should be met for this type of registration are as follows:

That the Social Services be integrated into the organic structure of some public administration.

That those responsible for these services report on the habituality of the residence in the municipality of the neighbor that is intended to be registered.

That the Social Services indicate the address to be included in the registration, and commit itself to attempting the practice of the notification when a communication is received in that direction Public administration.

Under these conditions, the management of the registration will be the one that points to the Social Services: the address of the service itself, that of the municipal hostel, that of the specific geographical point where that neighbor has to spend the night, etc.

Evidently, to practice this type of registration it is not necessary to guarantee that the notification will reach its addressee, but simply that it is reasonable to expect that in a reasonable period of time it will be able to reach him.

As an orientation example, one can imagine the assumption of a notification sent by the Electoral Census Bureau. The fact that a person lacks a roof must not deprive him of his right to vote, for which it is a must that he be registered in the Municipal Register. If the Social Services of the municipality consider it reasonable to be able to make it to the electoral card, it must be entered in the Register to that neighbor either in the direction where it is expected that he will receive directly the notification, or in the direction where the Social Services receive it in order to try to pass it on to the sponsor. And, of course, how many references are made to the Social Services are directly applicable to any other municipal services that could fulfill this same task.

5. Registration of foreigners

Article 18.2 of the Basic Law of the Local Regime, in its new wording given by Law 4/1996, clearly and definitively reflects the separation between the functions that correspond to the Councils and those corresponding to the Ministry of the Interior in relation to the residence in Spain of foreign citizens.

The control of the permanence in Spain of foreign citizens corresponds to the Ministry of the Interior, which is served for this purpose of the Register of residence permits regulated by article 13.2 of the Law of the Organic Law 7/1985, of 1 of July, regulating the rights and freedoms of foreigners in Spain.

The City Council does not intervene in the granting of the residence permits nor is it competent to control them. Their obligation is to reflect in a register, the Godfather, the domicile and the circumstances of all the people who live in their municipal term. And in the same way that it must not control through the Godfather the legality or illegality of the occupation of the dwelling, nor should it carry out any control over the legality or illegality of the residence in Spanish territory of any of its neighbours.

Again, it should be reiterated that the mission of the Padron is to verify the fact of the residence, and not to control the rights of the residents. And precisely because this is the purpose of the Godfather, article 18.2 of the Law of Local Regime determines that the registration is not an appropriate administrative act for which to extract legal consequences from outside its function.

During the validity of the previous legislation, this was a controversial issue that resulted in contradictory court rulings. In order to try to avoid, as far as possible, the consequences that were arising, the National Institute of Statistics issued the Instruction of 16 June 1992, which was intended to prevent high levels in the Padron that could be used for other purposes outside the municipal area.

After the promulgation of Law 4/1996, there is no longer the biased use of the standard certifications, because of the fact that the new article 18.2 of the Law of Local Regime Bases has been prevented. Therefore, the Instruction of the National Statistics Institute of 16 June 1992 has become unfounded and, consequently, is expressly declared inapplicable for having lost its validity.

In the Municipal Register all persons who live in the municipality must be discharged, either national or foreign, and, in the latter case, they have or do not regularise their situation in the Register of the Ministry of the Interior.

As regards the identification document of foreigners, which Article 16.2.f) of the Local Regime Law defines as the document that replaces the DNI, it may be the official document issued by the authorities. (a) either the Spanish (foreign card) or the one issued by the authorities of the country of origin (passport or, in the case of nationals of the Member States of the European Union, identity card in force, according to Royal Decree 766/1992, of 26 of June). However, the Councils will always try to record in their Godfather, in the case of foreigners, the number of the foreign card, and only in the absence of this will reflect the number of their passport, or their national identity card if they are Citizens of the European Union.

And the managers of the Padron do not need to take any special action in relation to the registration registration for foreigners. In particular, it is not necessary to make any caveats in the certifications of these inscriptions. The content of the new article 18.2 of the Law of Local Regime has its effects without the need for it to be expressly included in the body of the certification: Both the Courts of Justice and the other public authorities know the laws in force, so that mention would be redundant.

6. Certification and steering wheel drive

In Annex I to this Resolution, certification models and a registration wheel are included. The municipalities intending to use different forms must submit the corresponding models to the approval of their respective Provincial Section of the Council of Emgroping.

It should be remembered that certification is the only document that reliably credits the fact of the registration. As established in Article 61 of the Population and Territorial Demarcation Regulation of Local Entities and 204 and 205 of the Rules of Organization, Operation and Legal Regime of Local Entities, the certification must be signed by the Secretary of the City Council and made up by the Mayor, or by those who replace them or have their delegation regulated.

Whenever a neighbor needs to prove his/her registration with the courts, foreign agencies, etc., it is necessary to provide the corresponding certification with the handwritten signatures of the secretary and the mayor. or of its delegates or substitutes.

The certification shows that in the municipality of the municipality that the former asks for a registered figure as a neighbor the person to whom it refers. It is clear that in the new system of management, a person may be temporarily registered in two municipalities (see Article 70 of the Regulation) and that, both in the current and in the previous system, errors may occur, duplicities, etc. These dysfunctions do not invalidate the general presumption of accuracy of the certifications, nor will they cause any special responsibility for the managers of the Padron. If any controversy arises for these reasons, the only responsibilities to be purged would be those corresponding to the negligence in the management (official) or to the bad faith of who, having formalized their transfer of residence, obtains the certification of a registration that knows that it is no longer in force (neighbor).

Therefore, neither in the certifications nor in the flyers it is necessary to establish any general character. The current legislation is known by "all who present it and understand", as the heading of all laws points out, and the rectification of the erroneous certifications will be carried out by the ordinary review procedures. of the administrative acts (Articles 102 et seq. of Law 30/1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure).

By certification, other facts regarding the registration will also be accredited, and of which the City Council has an official record: Initial and final dates of the registration in the municipality, homes in which it has been registered. (a) the upper or lower part of the Padron, etc.

The certification model included in Annex I of this Resolution can be used to credit the registration of all persons residing in the same domicile, as one or more of them, and, in both cases, the additional information for each entry shall be completed strictly in so far as it is relevant for the purpose for which the certification has been requested. When the certification is required to understand more than five neighbors, several sheets of the same model can be used, indicating in the "observations" section of each one: "This is the x leaf of the present certification extended in z sheets".

The registration wheel does not credit this fact, serving only to report on it and its circumstances. The steering wheel is sufficient for multiple purposes: For information of the neighbor itself, for its contribution in processes or to organisms that do not require a rigorous test, etc. In particular, when certain benefits are made conditional on the condition of a municipality's neighbour (school aid, social services, car parking, transport fares, etc.), it should be sufficient to contribution of a handwheel steering wheel. And it should always be when a body carries out a call in which a large number of petitioners can be expected to submit their application and the concession will necessarily be made only to a few: In these cases, the Applicants should only be required by the steering wheel which, if appropriate, could subsequently be confirmed with certification only for the successful tenderers.

As the concept of the steering wheel is an innovation of the new regulatory legislation of the Padron, the administrations and agencies that traditionally demanded certifications have not yet adapted their requirements to the new possibility offered to them. We hope that in the future the acceptance of the flyers of registration will be generalized for all the official performances in which a rigorous test of the registration is not necessary.

The steering wheel does not require the signature of any municipal official or authority, and must always bear the official stamp of the City Council that issues it, or be extended on paper with a brand of water, or similar. This circumstance allows the steering wheel to be issued by mechanical or computer equipment (similar to bank teller machines) without the need for an official's contest.

The City Council that implements this system of issuing the registration flyers must ensure that access to the standard information is restricted to legitimate stakeholders. It is considered to be necessary for the user of these systems to enter the name, two surnames, number of DNIs and complete address of the neighbor whose flyer is requested, and, for the case of minors, the name, two surname and date of birth. In order to obtain a flyer referred to the data of a whole family the name, two surnames and DNI or date of birth of all the older family members should be required.

The concept of "legitimate interest", which distinguishes those who can access information from a public register, is always difficult to specify. In terms of the standard, the reference to be taken into account is established in the new article 16.3 of the Law of Local Regime Bases.

According to it, there are only three types of legitimate stakeholders in principle:

The neighbor itself to which the standard data refers. Your neighbor can access your information personally or through your representative, legal or volunteer.

The authorities that are at the forefront of any Public Administration that needs the standard information in the exercise of its legal powers and for matters in which the residence or domicile is relevant data. These authorities include those responsible for public bodies responsible for the production of official statistics.

The Judges and the Courts of Justice: " All public and private persons and entities are required to provide, in the manner in which the law establishes, the collaboration required by the Judges and Courts in the course of the proceedings and in the execution of the resolved, with the exceptions that establish the Constitution and the laws ... " (Article 17.1 of the Organic Law of the Judiciary, 6/1985 of 2 July).

The municipal manager must be clear that this last supposed legitimate only to those who are covered by a judicial injunction. It is not enough for someone-other than the registered one-to prove that they have entered or are going to have a judicial process; it is necessary for the City Council to provide a mandate from the corresponding Judge or Court to order the issue of the certification padronal. Obviously, in this case the steering wheel is not enough, as the document that is issued will be part of the trial.

7. Information to neighbors about their enrollment

padronal

Article 69.3 of the Population and Territorial Demarcation Regulation of Local Entities establishes an obligation to inform neighbors about their standard status at least once every five years.

Furthermore, the last paragraph of Article 61 of the same Regulation empowers neighbours to request this information when they have communicated to their City Council any changes to their data, and Article 69 (2). The Regulation imposes on the City Council the obligation to inform whenever it introduces variations in the content of the Register.

Compliance with this set of municipal obligations will usually be carried out by means of hand-bearing flyers. However, when the City Council, at the request of the neighbor, issues certificates of registration, it is evident that, simultaneously, it is informing it about its standard situation and complying with these regulatory requirements.

As the five-year period provided for in Article 69.3 of the Regulation is to be computed individually for each individual register, it is appropriate that the standard manager must record the respective date of issue of each certificate or flyer, since it determines the fulfilment of those obligations and the start of the new five-year period within which the following communication is to be carried out.

When the issued certification or steering wheel relates to a single member of the family, only in relation to the family member will have been fulfilled to those obligations, so it would be necessary to take a control of the deadlines for each component of the family. Perhaps this mechanism would be excessively difficult and the City Council would prefer a single computer per family. The alternatives are two: to ignore these effects the date of issue of individual flyers and certificates, taking into account only those who understand the whole family; or to attach to each of those flyers or certificates an additional flyer with the data of the whole family.

This last procedure can only be used in cases where all family members (older than disabled) have authorized the family representation before the City Council on their standard sheet. of the certificate or steering wheel.

In all cases in which the City Council provides standard information through procedures other than the direct relationship between the official and the neighbor (issuing of flyers by mechanical means, processing by telephone, by mail, by "Internet", etc.), the appropriate channels must be established to prevent the information from reaching those who are not legitimate to obtain it. In such cases, the documents to be provided by the neighbor at the request of the City Council shall be replaced by photocopies.

In particular whenever the City Council agrees to send the flyers or certifications by post or by courier, the consignment will be directed, in any case, to the postal address listed in the registration register itself, rejecting the possibility to deliver them at any other address.

And, in the same way, the information that is provided by telephone must be conditioned in such a way that only the applicant who proves to know very particular data of the neighbor (his ID number, his date of birth, etc.) may receive information which should never exceed the mere finding that that neighbour is listed or not registered in the Register. In any case, the provision of information by non-written means should be restricted as far as possible: the steering wheel is a sufficiently agile procedure for all imaginable scenarios.

8. Annual review of the Padron

The update of the information contained in the Padron is a process that is carried out in a practically continuous manner, so it does not require more authorization than that of the official who is at the head of the administrative unit which is assigned the competence of the standard management.

The whole of these actions of daily management, however, has a greater transcendence than the mere sum of its parts: it determines the population of the municipality, which constitutes one of the basic elements of the municipality itself, as laid down in Article 11.2 of the Law on Local Regime Bases.

Therefore, Article 81 of the Population and Territorial Demarcation Regulation of Local Entities entrusts the City Council with the approval of this set of update operations developed during the year.

The approval of this annual review of the Padron is subject to the general rules of the administrative procedure of the Local Corporations, and it appears that it should be understood as competition from the Plenum of the Corporation in a Systematic interpretation of Articles 11.2 and 22.2.b) of the Law on Local Regime Bases.

The approval that the regulation imposes only reaches the set of the update operations carried out during the year and the consolidated result of the same: Total population, total of high, total of casualties, etc.

It seems, however, good administrative practice to subject the whole of the management to the approval, which should not be difficult given that the management has had to be carried out with computer means (article 17.1 of the Law). Under these conditions, the approval agreement of the Town Hall is extended to the whole of the management and the numerical summaries, reflected on paper in the file itself, and to the totality of the individual variations produced in the management, contained in the computer diskette that joins the case.

This diskette must contain the computer files that collect all the variations of the standard data produced during the year (equivalent to the sum of the twelve deliveries made to the National Institute of Statistics in implementation of the provisions of Article 65 of the Regulation), and be duly identified, both in the files themselves and in the file, with the distinguishing signs which are also reflected in the file.

Even if it is new to include a floppy disk as part of an administrative file, there is no doubt about its legal validity (see Article 45 of Law 30/1992) and the opportunity and convenience of doing so in this case. The Commission has been responsible for the management of the Register by computer.

Previously, in case subject to the same processing process, compliance with the municipal obligation to review the relationship of entities and nuclei of population and the division of the municipal term in sections should be complied with. pursuant to Article 76 of the Population and Territorial Demarcation Regulation of Local Entities.

Without prejudice to the foregoing, the permanent update of the territorial elements that this annual review is confirmed is in turn established in Article 75 of the same Regulation. The City Council is the competent authority to assign names and numbers to public roads and buildings, and all other administrations will have to accept the municipal decisions at this point. But the consequence of this faculty is the municipal obligation to update with agility its nomenclator of tracks and their respective numerations, and in their case also the cartography, giving a response to the evolution that they experience the urbanism and the human settlements.

This systematic updating of the territorial elements must be notified to the National Statistics Institute, due to the technical necessity inherent in the communications provided for in Article 65 of the Regulation, but the good administrative practice and the provision of Article 75 of the Regulation extend the number of these addressees, which should also include the respective Provincial Diputations and Autonomous Communities, the Government Delegation, the Agency National of Post and Telegraph, etc., and even private entities such as companies service providers (water, gas, electricity, telephone, etc.).

9. Conservation of standard sheets

The standard sheets, and the remaining documents signed by the neighbors that the City Council receives officially, must be maintained by the City Council in accordance with the general regulations governing administrative activity.

Therefore, the literal diction of Article 70 of the Regulations of Population and Territorial Demarcation of Local Entities ("... will send it to the municipality of origin ...") must be reasonably interpreted and executed in the sense that the City of High will transmit notice of the application for the registration to the lower one. Such news will materialize, transiently, in a written or a computer diskette, and in the future will be constituted by an e-mail message according to the telematic communication system that is finally implanted; and will contain in all cases the information sufficient to enable the City Council to identify, locate and discharge in its Padron the neighbor who has moved from residence.

This documentation provided by the residents that the City Council must preserve may be maintained either in its original form or by means of "reproductions of the same in such a way as to guarantee its authenticity" (Article 60.3 of the Regulation of Population and Demarcation of Local Entities, in accordance with the provisions of article 45.5 of Law 30/1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

The possibility of keeping the standard documentation in the form of optical or electronic files is therefore regulated, "provided that its authenticity, integrity and preservation are guaranteed", as required Article 45.5 of Law 30/1992.

As for the determination of the time limit during which the preservation of this documentation is required, it is necessary to establish the respect for the right of each citizen to request the municipal administrations. issuing of comprehensive certifications of all their registration history, which determines that, as a general rule, the most basic standard documentation (the standard sheets) must be kept for a period of not less than one hundred years, given the The current life expectancy of our neighbours.

The later destination of this documentation is marked by Law 16/1985, of 25 June, of the Spanish Historical Heritage, whose article 49.2 states: " Part of the Documentary Heritage the documents of any time generated, preserved or assembled in the exercise of their function by any body or entity of a public nature ... ', and Article 57.1 (a) of which refers to the normal conservation procedure, in the following form:' documents, completed processing and deposited and registered in the Central Archives of the relevant entities governed by public law ...

.

10. Communication of casualties by transfer of residence

The first and third transitional provisions of the Resolution of 1 April 1997, together with the President of the National Institute of Statistics and the Director-General for Territorial Cooperation, for which the Technical instructions to the Councils on the management and review of the Municipal Register ("Official State Gazette" of 11 April 1997), require clarification on the procedure for the communication of the discharge of residence during the transitional period, which began with the publication of Royal Decree 2612/1996, of 20 of In December, it will have to conclude with the implementation of the EDI communications system (electronic exchange of documents).

According to the first transitional provision of the aforementioned Resolution, all the Ayaltones must communicate by mail, directly to each of the Ayaltones of origin, the high ones for the transfer of In the period from 17 January 1997 to 30 April 1997, in order for the respective Member States of origin to reflect in their Register the corresponding discharge, the residence produced in their Padron shall be the same. The high number of people residing previously abroad will be communicated in the same way to the National Statistics Institute.

This communication, which will be made by letter, may take the form of a computer print listing, including in any case the name, surname, DNI (or document that replaces it), sex, date of birth and date of discharge. each person who has been registered for the transfer of residence. For the high number of persons from abroad, the country where they resided and, where appropriate, the Spanish Consulate in whose registration registration were registered, must also be indicated.

The same procedure will be followed in the following months, notifying each municipality of origin of the high produced in the previous month, carrying out this communication within the first ten days of the month next. This procedure will cease at the moment when the National Institute of Statistics informs the City Council that it is in a position to channel, by computer means, the communications directed to the Aycestas from where the persons come from Registered as a residence transfer.

As of the time of this communication from the National Statistics Institute, the high number of residence transfers produced in the month will be sent, as provided for in the second transitional provision, before the 10th day of the month following the corresponding Delegation of the National Statistics Institute, which will be responsible for its communication, in computer support, to the Ayaldones in whose Padrones the lower correlative is to be carried out, in accordance with the design of the registration set out in the third transitional provision.

11. Character table normalization

Interadministrative communications by computer or telematic procedures are highly difficult when the same graphic characters are represented by different binary codes, which often occurs when computers and various computer systems are used.

The operation of transforming those codes to those that correspond to a single character table common to all public administrations is technically simple if it is carried out at the time of producing the file. which is to be sent to another Administration.

The substantial increase in the telematic communications that the new management system of the Padron will produce requires the establishment of a single, standardized character table, which is known to all the administrations that participate in these processes.

The table of characters approved on a proposal by the Board of Emulation is set out in Annex II to this Resolution.

This table lists the representation, decimal, and hexadecimal, in EBCDIC and ASCII codes, of all characters usable in the official languages of Spain, and must be used in all communications related to the Register and the electoral census to be carried out by computer and telematic procedures.

The characters of the table included in the "phase 1" (unaccented capital letters and some special characters) are the only characters that should be used by the Ayuntamos, Electoral Census Bureau and National Institute at this time. Statistics.

Future Instructions will regulate the time of implantation of phases 2 (accented capitals) and 3 (accented lower case).

12. Updating the exchange files

The Resolution of 1 April 1997, together with the President of the National Institute of Statistics and the Director-General for Territorial Cooperation, for which technical instructions are given to the Councils on Management and Revision of the Municipal Register ("Official State Gazette" of 11 April 1997), it contains in its Annex I the designs of the information exchange files INE-Aymunia.

In the above mentioned annex, on page 11.465, observation 5) the particles are identified for surnames: DE, DEL, DE LA, LA, LAS, LOS, VAN, VD, TEN, indicating that this relationship can be increased to an indication of the INE.

The remaining words that are part of the surnames shall not be considered as particles and shall be included in the first positions of the field of the corresponding surname until, confirmed their general character, they are accepted as by the Council of Empadronment, which will put it in the knowledge of the Councils and Diputations.

Furthermore, the level of study code (CNES) contained in Annex I to the same Resolution (page 11465 of the "Official Gazette of the State" of 11 April 1997) has unduly included in code 31 the Certificate of schooling, school degree having its proper fit in code 22, and therefore the corresponding correction should be made. In addition, it is necessary to include the new compulsory secondary education in code 31.

The correct development of the codification of this field, resulting from this rectification, is the one set out in the Instructions for the completion of the model of the standard sheet, which is included in Annex I of this Regulation. Resolution.

(ANNEX I OMITTED)

ANNEX II

Character Table

EBCDIC

IBM-284

(HEX)/EBCDIC

IBM-284

(DEC)/ASCII

ISO-8859-1

(HEX)/ASCII

ISO-8859-1

(DEC)/Phase/Character

RAT/C1/193/41/65/1

RBT/C2/194/42/66/1

RCT/C3/195/43/67/1

RCT/68/104/C7/199/1

RDT/C4/196/44/68/1

RET/C5/197/45/69/1

RFT/C6/198/46/70/1

RGT/C7/199/47/71/1

RHT/C8/200/48/72/1

RIT/C9/201/49/73/1

RJT/D1/209/4A/74/1

RKT/D2/210/4B/75/1

RLT/D3/211/4C/76/1

RMT/D4/212/4D/77/1

RNT/D5/213/4E/78/1

RNT/7B/123/D1/209/1

ROT/D6/214/4F/79/1

RPT/D7/215/50/80/1

RQT/D8/216/51/81/1

RRT/D9/217/52/82/1

RST/E2/226/53/83/1

RTT/E3/227/54/84/1

RUT/E4/228/55/85/1

RVT/E5/229/56/86/1

RWT/E6/230/57/87/1

RXT/E7/231/58/88/1

RYT/E8/232/59/89/1

RZT/E9/233/5A/90/1

R0T/F0/240/30/48/1

R1T/F1/241/31/49/1

R2T/F2/242/32/50/1

R3T/F3/243/33/51/1

R4T/F4/244/34/52/1

R5T/F5/245/35/53/1

R6T/F6/246/36/54/1

R7T/F7/247/37/55/1

R8T/F8/248/38/56/1

R9T/F9/249/39/57/1

R T/40/64/20/32/1

R (T/4D/77/28/40/1

R) T/5D/93/29/41/1

R* T/5C/92/2A/42/1

R, T/6B/107/2C/44/1

R. T/4B/75/2E/46/1

R/T/61/97/2F/47/1

RT/7D/125/27/39/1

R-T/60/96/2D/45/1

RAT/65/101/C1/193/2

RAT/64/100/C0/192/2

RAT/62/98/C2/194/2

RAT/63/99/C4/196/2

RAT/66/102/C3/195/2

RAT/67/103/C5/197/2

RET/71/113/C9/201/2

RET/74/116/C8/200/2

RET/72/114/CA/202/2

RET/73/115/CB/203/2

RIT/75/117/CD/205/2

RIT/78/120/CC/204/2

RIT/76/118/CE/206/2

RIT/77/119/CF/207/2

ROT/EE/238/D3/211/2

ROT/ED/237/D2/210/2

ROT/EB/235/D4/212/2

ROT/EC/236/D6/214/2

ROT/EF/239/D5/213/2

RØT/80/128/D8/216/2

RUT/FE/254/DA/218/2

RUT/FD/253/D9/217/2

RUT/FB/251/DB/219/2

RUT/FC/252/DC/220/2

RYT

'/AD/173/DD/221/2

RaT/81/129/61/97/3

RaT/45/69/E1/225/3

RaT/44/68/E0/224/3

RaT/42/66/E2/226/3

RaT/43/67/E4/228/3

RaT/46/70/E3/227/3

RaT/47/71/E5/229/3

RbT/82/130/62/98/3

RcT/83/131/63/99/3

RcT/48/72/E7/231/3

RdT/84/132/64/100/3

Rett/85/133/65/101/3

Rett/51/81/E9/233/3

Rett/54/84/E8/232/3

Rett/52/82/EA/234/3

Rett/53/83/EB/235/3

RfT/86/134/66/102/3

RgT/87/135/67/103/3

RhT/88/136/68/104/3

RIT/89/137/69/105/3

RIT/55/85/ED/237/3

RIT/58/88/EC/236/3

RIT/56/86/EE/238/3

RIT/57/87/EF/239/3

RjT/91/145/6A/106/3

RkT/92/146/6B/107/3

RlT/93/147/6C/108/3

RmT/94/148/6D/109/3

RnT/95/149/6E/110/3

RnT/6A/106/F1/241/3

RoT/96/150/6F/111/3

RoT/CE/206/F3/243/3

RoT/CD/205/F2/242/3

RoT/CB/203/F4/244/3

RoT/CC/204/F6/246/3

RoT/CF/207/F5/245/3

RøT/70/112/F8/248/3

RpT/97/151/70/112/3

RqT/98/152/71/113/3

RRT/99/153/72/114/3

RsT/A2/162/73/115/3

RtT/A3/163/74/116/3

RuT/A4/164/75/117/3

RuT/DE/222/FA/250/3

RuT/DD/221/F9/249/3

RuT/DB/219/FB/251/3

RuT/DC/220/FC/252/3

RvT/A5/165/76/118/3

RwT/A6/166/77/119/3

RxT/A7/167/78/120/3

RyT/A8/168/79/121/3

RyT

'/8D/141/FD/253/3

RyT

.. /DF/223/FF/255/3

RzT/A9/169/7A/122/3