Due to the new system of management of the municipal register, introduced by the law 4/1996, of 10 January, and the Royal Decree 2612 / 1996, of 20 December, and on use of the powers conferred by article 60 of the aforementioned Royal Decree, the President of the National Institute of statistics and the Director general of Territorial cooperation, on the proposal of the Board of registration they have agreed the technical instructions to councils on updating of the municipal register, listed as an annex to the present resolution.
Its publication is available for the purpose of general knowledge.
Madrid, 21 July 1997-Deputy Assistant Secretary, Juan Junquera González.
Annex resolution of 4 July 1997, the President of the National Institute of statistics and the Director general of Territorial cooperation, which dictate technical instructions to councils on updating of the municipal register joint law 4/1996, of 10 January, amending the 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, amending the regulation of population and Territorial demarcation of the local entities, approved by Royal Decree 1690 / 1986, of 11 of July, have implemented a new system of management of the register of inhabitants which is new for Councils in many respects.
Convenience of unify the criteria of application of these rules and offer guidelines that allow them to resolve issues raised them with its neighbors in the field of registration, evenly to the more than 8,000 city councils recommend making use of the right attributed jointly to the ministries of finance and public administration, a proposal from the Board of registration , with the new text of article 60.1 of the regulation of population and Territorial demarcation of the local entities.
By virtue of, and in accordance with the proposal by the Board of registration, we have: 1. model register sheet in order to facilitate the fulfilment of the obligation imposed by article 58.1 of the regulation of population and Territorial demarcation of the local entities councils, model register sheet that councils can be used for this purpose is included in the annex I of the present resolution.
This same model can be used by residents for communication to your local corrections that will be made to your data, if they contain an error, and the variations that must be reflected in your register entry, when they changed their personal circumstances.
This model requires the relevant adaptation, in the municipalities in which coexist as officers other Spanish languages, to meet the needs of all of its neighbors in terms of their language of expression in its relationship with the administration.
In this case, as in the of town councils wishing to use forms other than those approved by the present resolution, corresponding models must be homologated by their respective Provincial section of the registration Council.
2 representation the representation of minors and incapacitated (legal representation) is governed register purposes by the General rules of the Civil law (article 54.2 of the regulation of population and Territorial demarcation of the local entities).
In accordance with the provisions of article 162 of the Civil Code, in principle suffice with the presentation of the book by family for reputar valid representation of children by either of his parents. In cases of separation or divorce, the representation of minors, to register effects, corresponds to the person having committed his custody and custody, which must provide proof copy of the corresponding court ruling. Similarly, in cases of guardianship, foster care, etc., is must bring copy of the Court ruling.
There is the possibility that a home inhabited only by minors. Firstly, the sixteen-year-old minor may be emancipated, what «enables the child to govern his person and property as if it were more» (article 323 of the Civil Code).
319 of the Civil Code should also be noted that, according to article, «shall be deemed for all purposes as emancipated the sixteen-year-old son who, with the consent of the parents, liveth independent of these». Given that the Civil Code did not require any formal requirement for this consent, and that you set up this system of emancipation as a presumption, the Manager of the register should be understood that a mayor of sixteen years when enrolled in a home other than the parent or guardian is precisely because it has your consent to live independent. It is therefore correct to enlist in the registry to a minor who is over sixteen years without requiring any requirements or documents other than those required for any major.
On the other hand, article 48 of the Civil Code establishes the possibility (with judicial permission) enter into marriage from the age of fourteen, and according to article 316 of the code «marriage produces law emancipation". Therefore, minors who prove their status as married can enroll in the registry at a separate address: will suffice for this purpose the presentation of your own family cookbook.
Out of this course, it is not possible to register in the register, in an independent household, a child of sixteen without the express permission and written consent of their parents or guardians. The problem here will be raised when, in a register registration which you will find under sixteen years of age, is intended to take down the only person of age appearing in that home, or all of them if they were several.
Since article 70 of the regulation of population and Territorial demarcation of the local entities set to automatic downward from persons who have transferred their residence to another municipality, it is evident that City Hall where it produces that low can do nothing to prevent the existence of register entries where only comprise children under sixteen years. In these cases, the town hall where there has been downward shall communicate this circumstance to the high, in order to check that it is not any administrative error. Once confirmed this extreme and by analogy pursuant to article 54.3 of regulation, City Hall must the fact to the attention of the competent social services in your municipality and maintain registration with the children until the competent authorities to regularize the situation.
They are counted cases in which one or more minors are registered alone in a domicile, but, on the other hand, it is relatively frequent case of minors who live not with their parents but with other relatives (grandparents, uncles, etc.). Demand in these cases an authorisation of parents or guardians would collide with the social reality, so the accreditation of such authorization shall be only be required in cases that parent expressly manifested its opposition to the minor living apart from him. When this case occurs, shall register the child in the home of the parent having custody attributed, or in which it authorizes in writing.
Voluntary representation in the register field is governed by the General rules of our legal system, and, in particular, by article 32 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.
This article provides a representation of alleged "acts and efforts of mere formality". In our case we may consider as such updates of the registered data, but it is clearly not an act of processing the transfer of residence or change of address of a family, so it is must seek the authorization of all adults not disabled that compose it.
Article 57.2. to) Regulation allows to make the register sheet recorded the grant of representation to each neighbor can be granted. The rigorous development of this forecast would be the possibility of each Member of a family to designate other persons (not necessarily of the same family and not necessarily to all of his family) to represent him before his town hall. Such a system would lead to endless errors and dramatically complicate the management of the register.
Therefore in the register spreadsheet model included in the annex to this resolution is contains only the assumption that all members of the family granted its representation either of non-disabled adults that make it up. The family who does not accept this system will be forced to grant their representation individualized for each concrete Management Act that one of its members intended to make to the City Council on behalf of all.
To prove the representation, just a writing in which the neighbor (identified with your name and number of identity card or document which replaces it) authorized representative (identified in the same way) to the process or action specifically to that request. Document must be signed by neighbor who granted the authorization, whose signature can be compared with that contained in its register sheet or photocopy of your national identity document that will accompany. The representative be credited with your identity card or document which replaces it.
The presentation to the City Council of a register sheet completed, showing the signatures of all registered adults not disabled (accompanied by the respective photocopies of equivalent, or national identity documents for contrast of signatures) is equivalent to the grant of representation of all of them in favour of which carries out the procedure, provided that this is precisely one of those listed on this sheet.
The failure, in this case, any or some of the signatures of those involved in the sheet is to be interpreted by the Manager of the register as a defect remedied, that must be corrected by the representative, but that does not prevent the registration in the register of all persons covered by the sheet.
In this case, the Manager of the register shall draw attention to who presents the sheet that is obligated to deliver at the Town Hall, within the period of ten days, the documents certifying their powers of representation to the City Council of all registered. These documents can be, as previously noted, the corresponding written authorization for the processing of either a new register sheet duly completed and with all the signatures, and in both cases accompanied by the respective photocopies of the identity card or equivalent document.
Failure to comply with this requirement by the neighbor does not invalidate the practiced register inscription, which is still a valid registration affected a defect remedied. However, the Manager of the register should save their responsibility while retaining a document, signed by who has submitted the incomplete register sheet, in which record that this has been advised of its obligation to prove documents the representation that is attributed, and agrees to comply with this obligation within the time established.
3 verification of data the register is the administrative register which aims to reflect the domicile where they reside people living in Spain. It aims, therefore, to record a deed, by which, in principle, should not be distorted or the rights that can or does not correspond to the neighbor to reside at that address, or for the rights which might arise from the issue of accrediting certification of that fact.
In line with this objective, the fundamental norm that must govern the municipal action for management of the register is contained in article 17.2 of the law on Bases of Local Government: «Shall carry out the actions and operations necessary to keep updated their standards so that the data contained in these match reality».
Therefore, the powers conferred on the Council in article 59.2 of the regulation of population and Territorial demarcation of the local entities to demand the provision of documents to its neighbors are intended to only «check the accuracy of the data reported,» as verbatim notes the own ar article.
Consequently, as soon as the municipal Manager to acquire the conviction that the data contained in the register entry conform to reality, let be empowered to ask the neighbor further supporting documents to prove that fact.
And, in particular, the possibility of that City Council request of the neighbouring «title that legitimises the occupation of the House» (article 59.2 of the regulation) attributed to local authorities no competence to judge property issues, tenancies or, in general, of juridico-privada nature, but it has only intended to serve as evidence to prove that effectively, the neighbor lives at the address indicated.
Therefore this title can be a deed of property or a lease agreement, but also a contract of supply of a service of housing (water, gas, electricity, phone, etc.), or, even, do not exist at all (if the occupation without a property title, either public or private). In the latter case, the municipal Manager should be tested by other means (report of local police, inspection of the service itself, etc.) that really neighbor lives at that address, and if so registered at the Padrón, with full independence that the rightful owner exercise their rights before the authorities or competent courts, which will never be the Padrón managers.
When a citizen requested his discharge in a home already containing registered other people, rather than ask you to provide the document justifying its occupation of the dwelling, you must required authorization in writing by one person of age that figure registered at this address.
If, on the occasion of this census, the municipal administration warned that people who are registered at the home have abandoned it, it will accept the registration of new residents in the housing according to the ordinary procedure, and will start at the same time, record low of office in its register of persons who do not already live in that home. This circumstance may be included in the section 'remarks' of the certificate which can be issued at the request of the new empadro swims.
And when discharge occurs in a group setting (residences, convents, etc.), the authorization must be signed by the person who has the same address. In these cases shall be recorded in the paragraph 'type of housing' of the mention «collective» register sheet. In other cases, the type of housing is «family».
The municipal school of checking of the documents proving further details of the registration (number of national document of identity, school certification, etc.) must exercise in accordance with the same criteria to demand his contribution where it is needed to acquire the conviction for the accuracy of the data reported.
Moreover, as previously noted, the primary obligation of the registry Manager is the maintenance and updating of the information contained in the register. The law (article 17.1) and Regulation (article 63) provide for the collaboration of other public administrations to assist councils in this mission, but this forecast in any case replace the municipal responsibility, so there is no doubt that councils should not expect to receive the information which can supply you other administrations to update many variations occur in the register information and those that have knowledge by any other means.
4 registration of marginalized as indicated in the previous standard, the register should reflect domicile where you really live each neighbor of the municipality. Whenever there is this reality should be noted in the register. And similarly register registration is completely independent of private ownership of housing disputes, it is also physical, health and hygiene conditions or otherwise affecting the home.
As a result, the substandard housing (shacks, caravans, caves, etc., and even total absence of ceiling) can and should include valid addresses in the census, since reality is sometimes so.
More extreme situations may raise doubt about the provenance or not of its perseverance in the municipal register. The criteria that must govern this decision is determined by the possibility or impossibility to the registered address a communication to the address listed in your registration. Where it is reasonable to expect that this communication comes to knowledge of the recipient, must register you in that direction.
The correct application of this criterion determined, on the one hand, which should be accepted as domicile any address where they live indeed neighbors, and, on the other, which can and must turn to a fictitious 'direction' in the event that a person who lacks ceiling usually resides in the municipality and is known of the relevant social services.
The conditions that should be met for this type of registration are as follows: that social services are integrated into the organizational structure of any public administration.
That those responsible for these services to report the habitualness of the residence in the municipality of neighbor who intends to register.
Social services indicate the address to be included in the register entry, and commit themselves to the practice of notification upon receipt from any communication in that direction public administration.
In these circumstances, the address of registration will be which brought social services: the address of the service itself, that of the municipal hostel, the geographical point where that neighbor sole overnight, etc.
Obviously, to practice this type of registration it is not necessary to ensure that notification will arrive to your recipient, but simply that it is reasonable to expect that in a reasonable period of time will be you get.
As an indicative example you can imagine the case of a notification sent by the Office of the Electoral Census. The circumstance that a person lacks ceiling not should be deprived you of your right to vote, for which it is essential requirement that is enrolled in the municipal register. If the social services of the municipality considered reasonable to make reach the electoral card, must register in the register that neighbor well in the direction where it is expected that the notice is received directly, or in the direction where social services receive it to try to transmit it to the registered. And, naturally, how many references are made to social services are directly applicable to any other municipal service that could accomplish this same task.
5 registration of aliens article 18.2 of the law of Bases of the Local regime, in its new wording given by the law 4/1996, reflected in a clear and definitive separation between the functions that correspond to the municipalities and which correspond to the Ministry of the Interior in connection with residence in Spain of foreign nationals.
Control of the stay in Spain of foreign nationals is the Ministry of the Interior, serving on the registration of residence permits regulated by article 13.2 of the organic law 7/1985, of 1 July, regulating the rights and freedoms of foreigners in Spain.
The City Council is involved in the granting of residence permits or is competent to control them. Their obligation is to reflect in a registration, the register, home and the circumstances of all the people who live in its municipal. And in the same way that you control through the register the legality or illegality of the occupation of the dwelling, nor should be no control over the legality or illegality of the residence in Spanish territory of any of its neighbours.
Once again must reiterate that mission of the register is to state the fact of residence, and not to control the rights of residents. And precisely because that is the purpose of the register, article 18.2 of the Local Government Act determines that register registration is not an ideal administrative act so that it be drawn legal consequences beyond its function.
During the term of the previous legislation, this was a controversial issue that resulted in conflicting court rulings. To try to avoid, insofar as possible, the consequences that were originating, the National Institute of statistics issued instruction of 16 June 1992 which was intended to ensure that high in the register that could be used for other purposes other than at the municipal level.
After the promulgation of the law 4/1996 does not already fit this biased use of the certification register, by hindering the new article 18.2 of the law on Bases of Local Government. Therefore, instruction of the National Institute of statistics of June 16, 1992 has been unfounded and therefore expressly declares unenforceable for having lost its validity.
In the municipal register must be given high all persons who live in the municipality, are national or foreign, and, in the latter case, whether or not regularised its situation in the registration of the Ministry of the Interior.
With regard to the identification of foreigners, that article 16.2. f) of the Local Government Act defines as the document serving to the DNI, may well be the official document issued by the Spanish authorities (alien card) either 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 valid, in accordance with Royal Decree 766/1992, of 26 June). However, councils will seek to always make note in its register, in the case of foreigners, the number of alien card, and only in the absence of this will reflect the number of your passport or your card of national identity if they are citizens of the European Union.
And Padrón managers do not need to perform any special performance in relation to corresponding foreign register entries. In particular, it is not necessary for certifications that these registrations are issued no exception make. The content of the new article 18.2 of the Local Government Act has its effect without that is collected specifically in the certification body: both the courts and other public authorities know the laws, so that mention would be redundant.
6. certification and steering wheel of registration in annex I to the present resolution include models of certification and registration flyer. The town councils wishing to use different forms shall submit corresponding models to the approval of their respective Provincial section of the registration Council.
It should be recalled that the certification is the only document certifying the fact of registration truthfully. As they establish rule 61 of the rules of population and Territorial demarcation of local entities and 204 and 205 of the rules of organization, operation and legal regime of the local entities, the certification must be signed by the Secretary of the Town Hall and formed by the mayor or by those who are his delegation conferred by regulation or replace them.
Whenever a neighbor need to prove their registration in courts of Justice, foreign bodies, etc., it is necessary that is provide the corresponding certification with the handwritten signatures of the Secretary and the mayor or their delegates or substitutes.
The certification proves that in the register of the municipality that issued figure registered on that date as a neighbor the person that referred. Notorious is that in the new register management system a person can temporarily be enumerated in two municipalities (cf. Article 70 of the regulation), and that, in the above, both the current system can produce errors, duplication, etc. These dysfunctions do not invalidate the general presumption of accuracy of the certifications, or originate any special responsibility for management of the register. If it raised some controversy for these reasons, unique responsibilities to debugging would be those relating to negligence in management (official) or the bad faith of who, having formalized its transfer of residence, it obtains the certification of a registration that knows that it is no longer valid (neighbor).
Therefore, nor in the certifications or the Steering, it is necessary to establish caveat in General. The legislation is known for 'all that the present join together and act', as shown by the heading of all laws, and rectification of erroneous certifications will be held by ordinary procedures for the review of administrative acts (articles 102 et seq. of law 30/1992, legal regime of public administrations and common administrative procedure).
Through certification will be also credited other facts relating to the registration and that the Council has official record: starting and ending dates of registration in the municipality, homes in which it has been registered, causes the high or the low register, etc.
The certification model included in annex I to this resolution can be used to prove the registration of all persons residing at the same address, one or several of them, and, in both cases, shall be completed each registered additional information strictly as they are relevant for the purpose for which certification has been requested. When certification should understand more than five neighbors several sheets of the same model may be used by indicating in paragraph 'remarks' on each one of them: "This is the x-sheet of this certificate extended z leaves".
The wheel of registration does not provide this fact, serving only to report the same and their circumstances. The wheel of registration is sufficient for multiple purposes: for information on the own neighbour, for his contribution in processes or to organizations that do not require a rigorous test, etc. In particular, when certain benefits are subject to the condition of a resident of a municipality (school aid, social services relating to the parking of vehicles, rates of transport, etc.), should be sufficient input of a registration flyer. And should always be when some body made a call that is expected to present its request a number of petitioners and the concession will necessarily carried out only a few: in these cases, the petitioners only should be required steering wheel which, if any, could be subsequently confirmed with the certification only to tenderers.
As the concept of registration flyer is an innovation of the new regulatory legislation of the register, administrations and organizations that traditionally required certifications have not adapted even their requirements to the new possibility offered them. We hope that in the future widespread acceptance of the flyers for registration for all official actions in which a rigorous test of registration is not required.
The wheel of registration does not require the signature of any official or municipal authority, must always bear the official stamp of the Town Council which issued it, or it be extended in paper with water mark, or similar. This circumstance allows that the steering wheel can be issued by mechanical means or (similar to the bank tellers) computer without the need of an official competition.
The City Council that this system of issuance of registration flyers must be monitored access to the register information is restricted to legitimate stakeholders. He is considered for these essential purposes that the user of these systems should enter the name, surname, number of the neighbor whose steering wheel is requested, complete ID and address, and for the case of young persons of age, name, surname and date of birth. To obtain a flyer concerning the data of all a family should require the name, surname and ID or date of birth of all members of the family of full age.
The concept of "legitimate interested», that distinguishes those who can access the information from a public registry, is always difficult to specify. Regarding register, reference to take into account is established in the new article 16.3 of the law on the Bases of the Local regime.
According to it only, in principle, three types of legitimate stakeholders: own neighbor referred to in the register information. The neighbor can access your information personally or through his representative, legal or voluntary.
The authorities that are in charge of any public administration requiring the register information in the exercise of their legal powers and for matters in which the residence or domicile are relevant data. These authorities are responsible for public bodies responsible for the production of official statistics.
The judges and the courts of Justice: «all persons and public and private entities are required to provide, in the way that the law may provide, the collaboration required by the judges and courts in the course of the process and in the implementation of the ruling, with the exceptions established by the Constitution and laws...» (article 17.1 of the organic law of the Judicial power, 6/1985, of 2 July).
The municipal Manager must be clear that the latter case legitimizes only who is covered by an injunction. Not enough that someone - other than the registered - credit that it has engaged or will engage in a judicial process; It is necessary that before the City Council provide a command of the relevant judge or court ordered the issuance of the certification register. In this case is clearly not sufficient registration steering wheel, since the document issued will be part of the trial tests.
7. information to residents on their register registration article 69.3 of the regulation of population and Territorial demarcation of the local entities establishes the obligation to inform residents on its register situation at least once every five years.
On the other hand, the last paragraph of article 61 of the regulation empowers residents to request this information when they have communicated to their city hall any modification of your data, and (2) of article 69 of the regulation requires the City Council report whenever you introduce variations in the content of the register.
Compliance with this set of municipal obligations will be held regularly by means of flyers for registration. However, when Hall, at the request of the neighbor, issued certificates of registration, it is evident that is simultaneously, reporting on their register status and fulfilling these regulatory requirements.
As the five-year period provided for in article 69.3 of the regulation must compute individually for each registered, it should register Manager to enter the respective date of issue for each certificate or steering wheel, since this determines the fulfilment of those obligations and the beginning of the new period of five years within which must be carried out the next communication.
When issued certification or flywheel relate to a single member of the family, only in relation to this is have complied with those obligations, it would be necessary to keep track of the deadlines for each component of the family. Perhaps this mechanism is exceedingly difficult and the Council prefer a single computation by family. The alternatives then are two: ignore these effects the delivery date of flyers and certificates individual, taking into account only those who understand the entire family; or you can attach to each of those flyers or certificates an additional steering wheel with the data of the family.
This latter procedure may only be used in cases in which all members of family (elderly not disabled) have authorised on its register sheet family representation before the City Council to the applicant for the certificate or steering wheel.
In all cases that the Council provide register information by procedures other than the direct relationship between the officer and the neighbouring (expedition of flyers by mechanical means, processing by telephone, by mail, by 'Internet', etc.), the necessary precautions should be established so that information can reach who is interested not legitimate to obtain it. In these cases, the documents that the neighbor must be provided at the request of the City Council shall be replaced by photocopies.
In particular provided that the City Council agrees to send flyers or certificates by mail or by courier, shipment shall, in any case, from the postal address given in the own registration register, rejecting the possibility of delivering them in any other home.
And, in the same way, information provided by telephone must be conditional so that only the applicant showing to know very specific data of the neighbour (your ID number, your date of birth, etc.) can receive information that should never exceed the mere finding that that neighbour figure or not registered in the register. In any case the provision of information should be restricted as much as possible by non-written means: the wheel of registration is a procedure sufficiently Agile for all imaginable cases.
8. annual review of the register the update of the information contained in the register is a process that is carried out almost continuously, so it does not require more permission than the of the official who is in charge of the administrative unit that is assigned to the competence of the register management.
The set of those proceedings of day-to-day management, however, have one significance greater than the mere sum of its parts: determines the population of the municipality, which is one of the core elements of the municipality, as set forth in article 11.2 of the law on the Bases of the Local regime.
Therefore, article 81 of the regulation of population and Territorial demarcation of the local entities instructs City Council approval of that set of update operations carried out during the year.
This annual review of the Padrón approval is subject to the General rules of administrative procedure of local corporations, and it seems that it should be understood as within the competence of the plenary of the Corporation on a systematic interpretation of articles 11.2 and 22.2. b) of the law on the Bases of the Local regime.
The approval that the regulation imposes reaches only to the set of update operations carried out during the year and the consolidated profit of the same: Total population, high, total casualties, etc.
It seems, however, good administrative practice undergo approval all of the management, which should not be difficult given that the management has had to take with electronic means (article 17.1 of the Act). In these circumstances, the agreement's approval by the plenary session of the City Council extends to the set of management and numerical summaries, reflected on paper in the file itself, and all of the individual variations produced in management, contained on the diskette of computer that is attached to the record.
This disk must contain the computer files that collect all register data variations during the year (equivalent to the sum of twelve deliveries made to the National Institute of statistics in implementation of the provisions of the article the 65 of the regulation), and be properly identified, both in own files and on its cover, with the distinctive signs that are also reflected in the record.
Even if it is novel to include a floppy disk as part of an administrative file, there is no doubt of its legal validity (cf. Article 45 of law 30/1992) and the opportunity and convenience of doing so in this case, coming imposed by a law the management of the register by electronic means.
Previously, on record, subject to the same process, should be compliance with obligation to municipal review of the relationship of institutions and centres of population and the division of the municipal area into sections, as determined by article 76 of the regulation of population and Territorial demarcation of the local entities.
Without limiting the foregoing, the permanent update of the territorial elements that this annual review comes to confirm is also established in article 75 of the regulation. The City Council is the competent administration for assigned names and numbers to public roads and buildings, and all other administrations must accept municipal decisions at this point. But the consequence of this ability is the compulsion to municipal update with agility your Gazetteer pathways and their respective numbering, and where appropriate also cartography, responding to the evolution experienced by the urban planning and human settlements.
This systematic update of the territorial elements must be notified to the National Institute of statistics, by technical necessity inherent in 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 recipients, who must also include the respective Councils and autonomous communities , to the delegation of the Government, the national agency of post and telegraph, etc., and even private entities such as the providers of services (water, gas, electricity, phone, etc.).
9 conservation of register blades register, and the remaining documentation signed by the residents receiving the City Council officially, should be retained by him pursuant to general regulatory of the administrative activity.
Therefore, literal diction of article 70 of the regulation of population and Territorial demarcation of the local entities (".. .the shall refer to the municipality of origin...») must be reasonably interpreted and executed in the sense that high City Council will send notice of the application for registration to the baja. Such news materialize, temporarily, in a letter or on a computer disk, and in the future will come composed an e-mail message according to the communication system telematics that is finally implant; and it will contain in all cases sufficient information so that the City Council can identify, trace and to unsubscribe in your registry to the neighbor who has moved from residence.
That documentation provided by residents that the City Council should be kept may be well maintained in its original form or by «reproductions in a manner that will ensure its authenticity» (article 60.3 of the regulation of population and demarcation of the local entities, in accordance with the provisions of article 45.5 of law 30/1992, legal regime of public administrations and common administrative procedure).
It is, therefore, sanctioned by law the possibility of keeping the register documentation in the form of optical or electronic files, «provided that it is guaranteed its authenticity, integrity and conservation», as required by the cited article 45.5 of law 30/1992.
In terms of the determination of the term during which the conservation of this documentation is mandatory, must be starting from respect for law that attends every citizen to request the issuance of comprehensive certificates of all your registration history, municipal administrations which determines that, as a general rule, most basic register documentation (register sheets) must be retained for a period not less than one hundred years given the current life expectancy of our neighbors.
The subsequent fate of this documentation is marked by law 16/1985, of 25 June, of the Spanish historical heritage, whose article 49.2 declares: «Are part of the documentary heritage documents any time generated, preserved, or gathered in the exercise of its functions by any agency or public entity...», and whose article 57.1. to) refers to the normal procedure of conservation , in the following manner: "in General, such documents, completed its processing and deposited and registered in the central archives of the corresponding entities of public law...".
10. communication of cancellations due to transfer of residence first and third transitional provisions of the resolution on April 1, 1997, the President of the National Institute of statistics and the Director general of Territorial cooperation, which dictate technical instructions to councils on management and revision of the municipal register («Official Gazette» of 11 April 1997) joint , require clarification of the procedure for communication of casualties for transfer of residence during the transitional period, which began with the publication of the Royal Decree 2612 / 1996, of 20 December, and which shall conclude with the implementation underway EDI (electronic document interchange) communications system.
As established in the first transitional provision of the aforementioned resolution, all councils must notify by mail, directly each one of the municipalities of provenance, high by transfer of residence in its register in the period from April 30, 1997 and on January 17, 1997, so the respective municipalities of origin reflected in your register corresponding downward. The high of people previously residing abroad shall be communicated in the same way at the National Institute of statistics.
This communication, which will be done by letter, may take the computer printout format, including in any case name, surname, DNI (or document that replace it), sex, date of birth and date of each person who has been registered for transfer of residence. For discharges of people coming from abroad must be indicated also the country where they lived and, where appropriate, the Spanish Consulate in whose register of registration were registered.
The same procedure shall be followed in the months thereafter, notifying mail to each municipality of origin discharges produced in the previous month, taking place this communication within the first ten days of the following month. This procedure shall cease at the time that the National Institute of statistics to inform City Hall is able to channel, by electronic means, all communications to the municipalities where the people registered for transfer of residence come from.
From the moment in which occurs this communication of the National Institute of statistics, produced in the month high for transfer of residence will be sent, according to the provisions of the second transitional provision, before the 10th day of the month following the corresponding delegation of the National Institute of statistics, which is responsible for its communication, computer Councils in whose patterns should be performed correlative downward, according to the design of record established in the third transitional provision.
11 standardization of tables of characters by computer or telematic procedures extrapolated communications are highly complicated when the same graphic characters are represented by various binary codes, which occurs frequently when using computers and various computer systems.
The operation of transforming those codes that correspond in accordance with a unique table of characteristics common to all public administrations is technically simple, if it takes place at the time of the file that will be sent to other administration.
The substantial increase of the telematic communications that the new management of the register system will produce forces to establish a table of characters, unique and standardized, which is known by all the authorities involved in these processes.
The table of characteristics approved a proposal from the Board of registration contained in annex II to the present resolution.
This table contains the representation, decimal and hexadecimal codes EBCDIC and ASCII, all usable characters in the official languages of Spain, and must be used in all communications related to the register and the electoral census carried out by informatic and telematic procedures.
The characters of the table included in "phase 1" (capital letters, space, and some special characters) are the only ones that should be used by councils, Office of the Electoral Census and national statistics Institute at this time.
Future instructions regulate the time of implementation of phases 2 (uppercase accented) and 3 (lowercase accented).
12 update files of exchange the resolution of 1 April 1997, the President of the National Institute of statistics and the Director general of Territorial cooperation, which dictate technical instructions on management councils joint and revision of the municipal register («Official Gazette» of 11 April 1997), contains in its annex I designs of INE-local information-sharing files.
In the said annex, on page 11.465, observation 5) identify the particles for surnames:, of the, of the, of the, the, the, them, goes VD, TEN, indicating that this relationship can be increased to indication of INE.
The remaining words that are part of the surnames shall not be considered as particles and will be included in the top positions of the field of the corresponding surname until confirmed its general character, are accepted as such by the Census Council, who shall inform of the municipalities and county councils.
On the other hand, the code contained in the cited level of studies (CNES) Annex I of the same resolution (page 11465 of the «Official Gazette» of 11 April 1997) has improperly included in the code 31 certificate of schooling, school qualification that has its appropriate socket in the code 22, so it comes to make the appropriate correction. In addition, code 31, it is necessary to include the new compulsory secondary education degree.
The correct development of the codification of this field, resulting from the present correction, is collecting in instructions for filling in the register model included in annex I to the present resolution.
(ANNEX I OMITTED)
Annex II table of characteristics 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 / 4 C / 76 / 1 RMT / D4 / 212 / 4 D / 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 TVR / 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 / 5 D / 93 / 29 / 41 / 1 R * T / 5 C / 92 / 2A / 42 / 1 R, T / 6B / 107 / 2 C / 44 / 1 R.T / 4B / 75 / 2E / 46 / 1 R/T / 61 / 97 / 2F / 47 / RT 1 / 7 D / 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 / EC / 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 ROT / 80 / 128 / D8 / 216 / 2 RUT / faith / 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 ReT / 85 / 133 / 65 / 101 / 3 Ret / 51 / 81 / E9 / 233 / 3 Ret / 54 / 84 / E8 / 232 / 3 Ret / 52 / 82 / EA / 234 / 3 Ret / 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 / 6 c / 108 / 3 RmT / 94 / 148 / 6 d / 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 Rot / 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 Ruth / A4 / 164 / 75 / 117 / 3 Ruth / of / 222 / FA / 250 / 3 Ruth / DD / 221 / F9 / 249 / 3 Ruth / DB / 219 / FB / 251 / 3 Ruth / DC / 220 / FC / 252 / 3 TVR / A5 / 165 / 76 / 118 / 3 RwT / A6 / 166 / 77 / 119 / 3 RxT / A7 / 167 / 78 / 120 / 3 RyT / A8 / 168 / 79 / 121 / 3 RyT ' / 8 d / 141 / FD / 253 / 3 RyT... / DF / 223 / FF / 255 / 3 RzT / A9 / 169 / 7A / 122 / 3