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Order Of 2 November 1994 On Delegation Of Powers Of The Ministry Of Health And Consumption.

Original Language Title: Orden de 2 de noviembre de 1994 sobre delegaciĆ³n de competencias del Ministerio de Sanidad y Consumo.

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TEXT

By means of Royal Decree 1415/1994, of 25 June, the basic organic structure of the Ministry of Health and Consumer has been partially modified, with the purpose of adapting to the requirements arising from the application of the Law General of Health and adapt them, under a reduced structure, to the functions that are performed in the field of the National Health System. It is therefore necessary to adapt to the needs of the new structure the delegation of certain competences in various authorities of the Department in order to achieve greater efficiency and administrative agility.

In its virtue, and in accordance with the provisions of Article 13 of Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, I have:

First. -They are delegated to the Assistant Secretary for Health and Consumer Affairs:

1. The general representation of the Department, the management of its common services and the resolution of all files are attributed to the holder of the same by legal or regulatory precept.

2. The administrative resolution of the resources when it corresponds to the Minister.

3. The resolution, where applicable to the holder of the Department, of the pre-judicial claims.

4. The call for and resolution of the selective tests for access to the Health Corps and Scales attached to the Department.

5. The appointment of career officials and the issue of the corresponding administrative titles to the health officials attached to the Department.

6. The award of prizes and rewards that in each case proceed.

7. The powers corresponding to the holder of the Department in the field of disciplinary arrangements for staff dependent on the Department and its self-employed bodies, except in the case of disciplinary proceedings with a proposed separation of service.

8. The subscription of collaboration agreements with other public administrations, entities and public or private bodies.

9. The authorisation to conclude contracts by the autonomous bodies and entities attached to the Department in the cases in which such authorisation is required.

10. The grant of the grants referred to in the Department's budget, as well as the authorization and commitment of the corresponding expenses, except the powers delegated expressly in the Director General of Services and Informatics.

11. Authorization to hold all types of Conventions and concerts when such authorization is required by the provisions in force.

12. In relation to the "Carlos III" Health Institute:

(a) Those corresponding to the holder of the Department as Chair of the Board of Directors of the Institute of Health "Carlos III".

(b) In respect of the appropriations of the Institute, the powers corresponding to the holder of the Department in respect of budgetary changes referred to in Article 69 of the General Budget Law.

(c) How many other powers correspond to the holder of the Department on that Institute, except those expressly delegated to another authority by this Order.

Second. -They are delegated to the Director of the Minister's Cabinet:

The handling and attention of petitions or complaints received from the Ombudsman, related to the actions of the Department.

Third. -They are delegated to the Technical Secretary General:

1. The processing and proposals for the resolution of petitions to be formulated in accordance with Law 92/1960 of 22 December.

2. The signature for insertion in the "Official State Gazette" of the general provisions of the Department, as well as of the publication of the fulfillment of the Sentences of the Courts, without prejudice to their material remission to that by the Office Major.

Fourth. -They are delegated to the Director General of Services and Informatics:

1. In relation to the provision of jobs reserved to official staff in the Department and its self-employed bodies:

(a) Public convocation and the resolution of merit contests, prior to the completion of the legally established procedures.

(b) The public call for and resolution of the free designation procedures, except where the jobs to be provided by this procedure have the level of Deputy Director General, Territorial Director and those with target complement, level 30.

2. The powers conferred by the legal order on the head of the department with regard to the recruitment and implementation of the budget appropriations included in the Department's own expenditure programmes, where they have not been the subject of express delegation in other agencies or authorities of the Department, up to the limit of 500,000,000 pesetas.

3. The authorisation and the commitment of the expenditure relating to the following grants:

The figures nominally in the Department's budgets.

Those based on Article 153 of the General Budget Law are intended for the Autonomous Communities, once the criteria for distribution by the Council of Ministers have been approved.

Current transfers abroad for all expenses of international health cooperation and quotas of international organizations.

Scholarships and travel bags awarded from the Department's budget.

4. The recognition of the obligation, the approval of firm and "to justify" accounts relating to the expenses previously agreed with the appropriations of the budget of the Department, as well as the interest of the Ministry of Economy and Finance management of the corresponding payments.

5. The power to subscribe to the states and annexes to the Court of Auditors by the management centres provided for in Rules 124, 125 and 127 of the Accounting Instruction of the Management Centres of the Expenditure Budget, approved by the Ministry of Economic Affairs and Finance of 31 March 1986.

Fifth. -All the competencies that, in the personnel of the service of this entity, correspond to the head of the Department, are delegated to the Director General of the National Health Institute.

Sixth. -The Director-General of the Health Institute "Carlos III" is delegated the powers that correspond to the Minister of Health and Consumer Affairs, in accordance with the provisions of Article 71.a), of the Royal Legislative Decree 1091/1988, of 23 September, which approved the recast of the General Budget Law and Article 18.2 of Law 13/1986 of 14 April, on the Promotion and General Coordination of Scientific and Technical Research.

Seventh. -They are delegated to the territorial directors as well as to the provincial and commissioners until their total replacement by those, in accordance with the provisions of the single transitional provision of Royal Decree 348/1993, of 5 of March, on the Organization of the Territorial Services, the competences in matters of administrative procurement, by the system of direct contracting, with the unitary limit of 500,000 pesetas, in the terms and with the procedures foreseen in the State contracts legislation, financed from the funds provided to them units to meet the costs of the services included in their territorial demarcation, provided that their contents and limits can be met with the bookings previously issued from the budget of this Department.

Additional disposition first.

The delegation of powers that are held in this Order are without prejudice to the knowledge and resolution of how many matters covered by them are considered appropriate at any time.

Additional provision second.

How many acts and resolutions are adopted in the exercise of the powers conferred under this Order shall expressly state the delegation, with mention of the date of approval of the order and its publication in the " Bulletin State Officer. "

Additional provision third.

It is excluded from the powers delegated to this Order that they give rise to the adoption of general and other provisions relating to Article 13.2 of Law No 30/1992 of 26 November 1992 on the legal framework of the Public administrations and the Common Administrative Procedure.

Repeal provision.

The Order of 28 October 1992, on the Delegation of Privileges of the Ministry of Health and Consumer Affairs, is hereby repealed.

Final disposition.

This Order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, 2 November 1994.

MILLAN AMATOR

Ilmos. Mr Deputy Secretary for Health and Consumer Affairs, Technical Secretary General, Directors General of the Department and Director General of the National Institute of Health.