JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law:

PREAMBLE

The reform of Article 135 of the Spanish Constitution, in its new wording given in 2011, enshrines budgetary stability as a guiding principle that should preside over the actions of all public administrations. In the development of this constitutional precept, the Organic Law 2/2012, of 27 April, of budgetary stability and financial sustainability was approved, requiring new adaptations of the basic regulations in the field of local administration for the appropriate application of the principles of budgetary stability, financial sustainability or efficiency in the use of local public resources. All this requires adapting some aspects of the organization and functioning of the local government and improving its economic and financial control.

For all the above, almost thirty years after the entry into force of Law 7/1985, of April 2, regulating the Bases of the Local Regime, and with more than twenty modifications of its original text, it should be noted the time has come for a thorough review of all the provisions relating to the full legal status of the local authority.

With this purpose, this reform aims at several basic objectives: to clarify the municipal competences to avoid duplication with the competences of other administrations in a way that will make the 'a competition' principle, rationalising the organisational structure of the local government in line with the principles of efficiency, stability and financial sustainability, ensuring financial and budgetary control more rigorous and encourage private economic initiative by avoiding interventions unprovided administrative.

With regard to the objective of clarifying local competences and moving forward in the "one administration a competition" principle, the aim is to avoid the problems of competition between administrations until now existing.

In effect, Law 7/1985, of April 2, Regulatory of the Bases of Local Regime, designed a competitive model that has given rise to dysfunctions, generating in not few supposed situations of competitive competition between (a) a number of public administrations, duplicity in the provision of services, or the provision of services without a specific competence for the services provided by them and without the appropriate resources to do so, giving rise to the powers which are not legally attributed or delegated and to the duplicity of powers between Administrations. The competition system of the Spanish Municipalities is configured in the praxis as an excessively complex model, from which there are two consequences that have an impact on different planes.

On the one hand, this municipal competition system causes the responsibility of local governments to be blurred in their exercise and is confused with the competition areas of other public administrations, generating, in not infrequently, the bewilderment of citizens who do not know what the Administration is responsible for public services.

On the other hand, there is a close link between the dysfunctionality of the competition model and local farms. At a time when compliance with European commitments on fiscal consolidation is a top priority, the local government should also contribute to this objective by streamlining its structure, on some occasions over-sized, and ensuring its financial sustainability.

Precisely this close link determines that it is justified, in accordance with the case-law of the Constitutional Court, STC 233/99, the joint quotation of the competences referred to in Article 149.1.14. on General Finance and Debt of the State, and in Article 149.1.18, on Bases of the legal regime of the Public Administrations. In this regard, the Constitutional Court has justified not only the joint quotation of both titles, but with a limited nature the prevalence of the general treasury in certain cases. Thus, it has specified that since the regulation of the local Hacienda will frequently be called to have an effect on the said legal regime, only in a timely manner can the regular State with exclusive character such matter making the other title prevail This is a matter for the Commission, which is currently referred to in Article 1.1 of the Royal Legislative Decree of 5 March, approving the recast text of the Local Government Law Regulatory Law. That is, that of the General Finance of article 149.1.14. This will be the case, in those cases where the state regulations are aimed at the regulation of institutions common to the different Haciendas or coordination measures between the State Finance and the Finance of the Corporations. Local. Or also when its purpose is to safeguard the financial sufficiency of local farms guaranteed by Article 142 of the Constitution, as an essential budget for the exercise of local autonomy constitutionally recognised in Articles 137, 140 and 141 of the Constitution.

Thus, the budgetary policy of all public authorities, including the local ones, should be in line with the guiding principles of the Organic Law 2/2012 of 27 April, of budgetary stability and financial sustainability, Article 135 of the Constitution.

With this constitutional support, the State exercises its competence to reform the local administration to try to define precisely the competencies that must be developed by the local administration, differentiating them from the state and regional powers. In this sense, a list of subjects is listed in which the municipalities have to exercise their own powers, in any case, establishing a formal reserve of law for their determination, as well as a series of guarantees for their concreteness and exercise. Local Entities should not assume responsibility again, which is not attributed to them by law and for which they do not have adequate funding. They may therefore exercise powers other than their own or those conferred by delegation where the financial sustainability of the whole of the municipal finance is not put at risk, and there is no assumption of execution. simultaneously with the same public service with another Public Administration. Similarly, budgetary stability is directly linked to the conclusion of agreements between administrations and the elimination of administrative duplication.

addition, the delegation of state or regional powers in the municipalities must be accompanied by the corresponding budget, its duration will not be less than the 5 years and the administration that delegates reserve the precise control mechanisms to ensure the proper delivery of the delegated service.

Another of the measures adopted in the Law is to strengthen the role of Provincial Diputations, Cabildos, Island Councils or equivalent entities. This is carried out by means of coordination by the Diputations of certain minimum services in the municipalities with a population of less than 20,000 inhabitants or the allocation to these of new functions such as the provision of collection services. (a) taxation, electronic administration or centralised procurement in municipalities with a population of less than 20,000 inhabitants, their active participation in the preparation and monitoring of economic and financial plans or coordination and monitoring, in collaboration with the Autonomous Communities, of the merger processes of Municipalities.

In this respect, it should be noted that for the first time concrete measures are introduced to encourage the voluntary merger of municipalities so as to empower the merging municipalities as they contribute to rationalising their structures and overcome the atomization of the municipal map.

Among these incentive measures are increased funding, preference in the allocation of local cooperation plans or grants, or waiver in the provision of new mandatory services such as consequence of population increase. In addition, if one of them were to be agreed between the merged municipalities, it could function as a form of de-concentrated organisation, which would allow the territorial identity and denomination of the merged municipalities to be preserved even if they lose their legal personality. Finally, these measures of incentivised municipal mergers, which are supported by the most recent constitutional case-law, STC 103/2013 of 25 April, will ultimately assume that the merged municipalities will receive an increase in the funding to the extent that smaller municipalities will receive less funding.

Also includes a review of the set of instrumental entities that make up the local public sector, a rationalisation of its governing bodies and a responsible management of staff salaries. service of the local Corporations, whatever the legal nature of their relationship with the Administration.

The immediate background to the restructuring of the local public sector is the agreements between the Government of the Nation and the Local Entities of 7 April 2010 and 25 January 2012. The first, more generic, defined as framework agreement with the Local Authorities on sustainability of public finances 2010-2013, has established the approval by these entities of a plan of rationalization of the structures of their public, administrative and business sectors, with the aim of improving efficiency and reducing public expenditure. The second, defined as an agreement to reorder and rationalize the local public sector and control, efficiency and reduction of the public expenditure managed by it, would continue to discipline the activities of the Public Administrations. without prejudice to the quality of the services they provide. To this end, it considered measures to reduce the size of the local public sector as the main axis, which involved the need to control their activities and rationalize their organization.

In this context, it is a matter of preventing the participation or incorporation of instrumental entities by the Local Entities when they are subject to an economic-financial plan or an adjustment plan. As far as existing ones are in a deficit situation they are required to be sewerage, and if this does not occur, they must be dissolved. Finally, it is prohibited, in any case, for the creation of second-level instrumental entities, i.e. units controlled by others, which, in turn, are by the Local Entities. This prohibition, motivated by reasons of efficiency and economic rationality, requires the dissolution of those which already exist at the entry into force of this standard within the prescribed period.

On the other hand, new measures are introduced aimed at the organizational rationalization and coordinated integration of services that, together with those already provided for in Article 21 of the Organic Law of 2/2012, of 27 April, will have to be included in the economic-financial plans of the Local Entities.

Also, as a measure of transparency, the obligation to determine the effective cost of the services provided by the Local Entities is established, according to common criteria, and its referral to the Ministry of Finance is available. and Public Administrations for publication. This measure is considered a fundamental step in improving the information available, eliminating asymmetries, for decision-making of citizens and the administration, and will contribute permanently to the increase in efficiency. In this sense, with the aggregate publication of the information of all the effective costs of the services provided by all the Local Entities the Ministry of Finance and Public Administrations contributes to guarantee the fulfillment of the the principle of efficiency in accordance with Article 7 of the Organic Law 2/2012 of 27 April 2012 on budgetary stability and financial sustainability.

In order to achieve more rigorous economic and budgetary control, the role of the financial controller in the Local Entities is strengthened. In this way, from now on the Government will set the rules on control procedures, application methodology, performance criteria, as well as rights and duties in the development of the necessary public functions in all the Local corporations. With this, a legal vacuum is being covered and the widespread application of techniques, such as auditing in its various aspects, to the Local Entities in homogeneous terms to those developed in other areas of the public sector. To this end, the General Intervention of the State Administration will be involved.

Also, in order to strengthen its independence with respect to the Local Entities in which the national-enabling officials provide their services, the State is responsible for their selection, training and as well as the sanctioning power in the cases of the most serious infringements.

This approach will result in greater transparency in the financial economic information of Local Entities, which will undoubtedly contribute to improving decision-making for elected office in the financial year. representative mandate that they are constitutionally mandated.

a consequence, it is considered appropriate to clarify and to disallow the different scope of action that is consumable to some and other functions. Thus, while the intervention and control system itself is subject to parameters of control and internal control of the economic and financial management, the corresponding to the performance of the elected office is necessarily based on aspects of opportunity or convenience.

In line with ensuring the professionalism and effectiveness of internal control functions, the Act also regulates the regime of local administration officials with national empowerment.

Finally, in order to promote private economic initiative, avoiding disproportionate administrative interventions, the use of administrative authorizations is limited to initiate an economic activity in cases where Necessity and proportionality are clearly justified. Similarly, municipal monopolies that have been inherited from the past and which are currently active in economic sectors are suppressed.

The main object of this Law is to amend Law 7/1985, of April 2, Regulatory of the Bases of the Local Regime, as well as the recast text of the Law of the Local Government, approved by the Royal Decree Legislative 2/2004, dated March 5. In addition, the second additional provision and the seventh transitional provision of Law 7/2007, of 12 April, of the Basic Staff Regulations, are repealed, and Law No 30/1992 of 26 November of 26 November 1992 is repealed. Public Administrations and the Common Administrative Procedure, to include a new additional provision.

And in the same way, this Law aims to contribute to giving a new impetus to the objectives and mandates to which the current Equal Opportunities, Non-Discrimination and Universal Accessibility Act of 2003 responds and, in (a) the elimination of barriers and obstacles that may limit the full integration, participation, access to information and equal opportunities for people with disabilities.

Moreover, the Law includes a number of additional provisions and transitional provisions, highlighting those which concern the assumption by the Autonomous Communities of the powers relating to health and social services, which are referred to as the new system of regional financing and local finances.

The Law closes with a single repeal provision and six final provisions that refer, among other elements, to the competition titles under which this Law is approved and to its immediate entry into force.

Article first. Amendment of Law 7/1985 of 2 April, regulating the Bases of the Local Regime.

Law 7/1985, of April 2, regulating the Bases of the Local Regime, is amended as follows:

One. Article 2 (1) is worded as follows:

" 1. For the effectiveness of the autonomy guaranteed constitutionally to the Local Entities, the legislation of the State and the Autonomous Communities, regulatory of the various sectors of public action, according to the constitutional distribution of (a) the powers of the municipalities, the provinces and the islands should be given their right to intervene in all matters directly affecting the circle of their interests, giving them the powers to take into account the characteristics of the the public activity in question and the management capacity of the Local Entity, according to the with the principles of decentralisation, proximity, effectiveness and efficiency, and with strict adherence to the rules on budgetary stability and financial sustainability. "

Two. Article 3 (2) is worded as follows:

" 2. They also enjoy the status of Local Entities:

(a) The Comarcas or other entities grouping several Municipalities, established by the Autonomous Communities in accordance with this Law and the corresponding Statutes of Autonomy.

b) The Metropolitan Areas.

c) The Mancommunities of Municipalities. "

Three. Article 7 is worded as follows:

" 1. The competencies of the Local Entities are owned or attributed by delegation.

2. The powers of the municipalities, the provinces, the islands and other local territorial entities may only be determined by law and are exercised in a manner of autonomy and under one's own responsibility, always taking due account of the coordination in its programming and implementation with other public administrations.

3. The State and the Autonomous Communities, in the exercise of their respective powers, may delegate to the Local Entities the exercise of their powers.

The delegated powers are exercised in the terms laid down in the provision or in the delegation agreement, as appropriate, subject to the rules laid down in Article 27, and shall provide for management and opportunity and efficiency control.

4. The Local Entities may only exercise powers other than their own and those conferred by delegation when the financial sustainability of the municipal treasury as a whole is not put at risk, in accordance with the requirements of the (a) legislation on budgetary stability and financial sustainability and no simultaneous execution of the same public service with another public administration. For these purposes, the prior reports of the competent authority on the basis of matter, indicating the absence of duplication, and of the administration which has the financial protection of the administration, will be necessary and binding. financial sustainability of the new competences.

In any event, the exercise of these powers must be carried out in accordance with the terms laid down in the legislation of the State and the Autonomous Communities. "

Four. Paragraph 3 is amended and a new paragraph 4 is added to Article 10 with the following wording:

" 3. In particular, the coordination of Local Entities shall be aimed at ensuring compliance with budgetary stability and financial sustainability legislation.

4. The coordination functions shall be compatible with the autonomy of the Local Entities. "

Five. Article 13 is amended as

:

" Article 13.

1. The creation or deletion of municipalities, as well as the alteration of municipal terms, will be regulated by the legislation of the Autonomous Communities on local government, without the alteration of municipal terms being able to assume, in any case, modification of the provincial boundaries. In any case, they shall require a hearing of the municipalities concerned and the opinion of the Council of State or of the higher advisory body of the Governing Councils of the Autonomous Communities, if any, as well as the report of the administration which exercises the financial protection. At the same time the request for this opinion shall be given to the General Administration of the State.

2. The creation of new municipalities can only be carried out on the basis of territorially differentiated population centres, of at least 5,000 inhabitants and provided that the resulting municipalities are financially sustainable, have resources sufficient for the fulfilment of the municipal competences and do not imply a decrease in the quality of the services that were being provided.

3. Without prejudice to the powers of the Autonomous Communities, the State may, on the basis of geographical, social, economic and cultural criteria, lay down measures to promote the merger of municipalities in order to improve capacity management of local public affairs.

4. The municipalities, irrespective of their population, adjacent to the same province may agree to merge by means of a merger agreement, without prejudice to the procedure laid down in the autonomous rules. The new municipality resulting from the merger may not be segregated until ten years after the adoption of the merger agreement.

The municipality resulting from this merge will be applicable to the following:

(a) The weighting coefficient to be applied in accordance with Article 124.1 of the recast text of the Local Government Regulatory Law, approved by Royal Legislative Decree No 2/2004 of 5 March increase by 0.10.

(b) The tax effort and the inverse of the tax capacity in any case may be lower than the higher of the previous securities held by each municipality separately prior to the merger in accordance with the Article 124.1 of the recast text of the Local Law Regulatory Law, approved by Royal Legislative Decree of 5 March.

(c) Your minimum financing shall be the sum of the minimum funding that each municipality has separately before the merger in accordance with Article 124.2 of the recast of the Local Government Regulatory Law, approved by Royal Legislative Decree 2/2004 of 5 March.

(d) The application of the rules contained in the preceding letters may not, for each financial year, result in a total amount exceeding that resulting from the provisions of Article 123 of the said recast text of the Regulatory Law. of Local Haciendas.

e) The amounts of the compensation that, separately, correspond to the municipalities that are merged and that are derived from the reform of the Tax on Economic Activities of the additional provision of the Law 51/2002, of December 27, of Reform of Law 39/1988, of December 28, Regulatory of Local Government, updated in the same terms as the tax revenues of the State in each financial year with respect to 2004, as well as the compensation additional, regulated in the second provision of Law 22/2005 of 18 November 2005, updated on the same terms as the State's tax revenue for each financial year in respect of 2006.

(f) It is exempt from the provision of new minimum services provided for in Article 26, which corresponds to its population increase.

g) During at least the first five years since the adoption of the merger agreement, it will take precedence in the allocation of local cooperation plans, grants, conventions or other instruments based on competition. This period may be extended by the General Budget Law of the State.

Merge will contain:

(a) The integration of the territories, populations and organizations of the municipalities, including the personal, material and economic means of the merged municipality. To this end, the Plenary of each Corporation will approve the measures of resizing for the adequacy of the organizational, real estate, personnel and resources structures resulting from its new situation. No increase in the wage bill in the municipalities concerned may result from the implementation of these measures.

(b) The government body of the new municipality will be temporarily constituted by the sum of the councilors of the municipalities merged in the terms provided for in the Organic Law 5/1985, of 19 June, of the General Election.

(c) If agreed in the Merger Convention, each of the merged municipalities, or one of them, may function as a form of an unconcentrated organisation in accordance with the provisions of Article 24a.

(d) The new municipality shall be subrogated to all the rights and obligations of the previous municipalities, without prejudice to the provisions of point (e).

(e) If one of the merged municipalities is in a deficit situation, obligations, assets and property rights that are deemed to be settled in a fund may be integrated, by agreement of the merged municipalities, without legal personality and separate accounts, attached to the new municipality, which shall be appointed by a liquidator to whom the settlement of this fund shall be responsible. This settlement shall be carried out for the following five years following the adoption of the merger agreement, without prejudice to any rights which may be granted to creditors. The approval of the rules to which the fund's accounting will have to be adjusted shall correspond to the Minister of Finance and Public Administration, on a proposal from the General Intervention of the State Administration.

(f) The new municipality shall approve a new budget for the financial year following the adoption of the merger agreement.

5. Provincial Diputations or equivalent entities, in collaboration with the Autonomous Community, shall coordinate and monitor the integration of services resulting from the merger process.

6. The merger agreement must be approved by a simple majority of each of the plenary sessions of the merged municipalities. The adoption of the agreements referred to in Article 47.2, provided that they cause a merger, shall be by a simple majority of the members of the corporation. "

Six. Article 16 (2) (f) is amended as follows:

" f) Number of national identity card or, dealing with foreigners:

-Number of the residence card in force, issued by the Spanish authorities, or failing that, number of the document proving the identity or passport in force issued by the authorities of the country of origin, in the case of nationals of Member States of the European Union, of other States party to the Agreement on the European Economic Area or of States to which, pursuant to an international convention, the envisaged legal regime is extended for the citizens of the States mentioned.

-Identification number of a foreign document, in force, issued by the Spanish authorities or, failing that, the number of the passport in force issued by the authorities of the country of origin, in the case of nationals of States not covered by the preceding paragraph of this paragraph, unless, by virtue of the Treaty or International Agreement, they enjoy a specific visa exemption regime for small border traffic with the municipality in which the registration is sought, in which case it shall be require the relevant visa. "

Seven. A new Article 24a is included with the following wording:

" Article 24a.

1. The laws of the Autonomous Communities on local arrangements shall regulate the entities of territorial scope inferior to the Municipality, which shall not have legal personality, as a form of disconcentrated organization of the same for the administration of nuclei of separate population, under their traditional name of hamlets, parishes, villages, neighborhoods, antechurches, councils, pedanias, ancient sites and other analogs, or the one that establishes the laws.

2. The initiative shall be the responsibility of the population concerned or the Town Hall concerned. The latter should be heard in any case.

3. This type of entity may only be created if it is a more efficient option for the deconcentrated administration of separate population cores in accordance with the principles laid down in the Organic Law 2/2012 of 27 April 2012. Budget and Financial Sustainability. "

Eight. Article 25 is worded as follows:

" 1. The Municipality, for the management of its interests and in the field of its competences, can promote activities and provide the public services that contribute to meet the needs and aspirations of the neighborhood community in the intended terms in this article.

2. The Municipality shall, in any event, exercise its own powers, in the terms of the legislation of the State and the Autonomous Communities, in the following

:

a) Urbanism: planning, management, execution and urban discipline. Protection and management of the historical heritage. Promotion and management of public protection housing with financial sustainability criteria. Conservation and rehabilitation of the building.

b) Urban environment: in particular, public parks and gardens, urban solid waste management and protection against noise, light and air pollution in urban areas.

c) Supply of drinking water at home and evacuation and treatment of waste water.

d) Road infrastructure and other equipment of your ownership.

e) Assessment and information of situations of social need and immediate attention to people in situations or risk of social exclusion.

f) Local police, civil protection, fire prevention and extinction.

g) Traffic, car parking and mobility. Urban collective transport.

h) Information and promotion of tourist activity of local interest and interest.

i) Fairs, supplies, markets, auctions and street trade.

j) Protection of public health.

k) Cemeteries and funeral activities.

l) Promotion of sport and sports facilities and the occupation of leisure time.

m) Promotion of cultural culture and equipment.

n) Participate in the monitoring of compliance with compulsory schooling and cooperate with relevant educational administrations in obtaining the necessary solar power for the construction of new teaching centers. The conservation, maintenance and monitoring of local ownership buildings for public schools of early childhood education, primary education or special education.

n) Promotion in its municipal term of citizen participation in the efficient and sustainable use of information and communications technologies.

3. The municipal powers in the matters set out in this article will be determined by law and should assess the appropriateness of the implementation of local services in accordance with the principles of decentralization, efficiency, stability and financial sustainability.

4. The Law referred to in the previous paragraph shall be accompanied by an economic memory reflecting the impact on the financial resources of the Public Administrations concerned and the fulfilment of the principles of stability, sustainability and sustainability. financial and efficiency of the service or activity. The Law should provide for the allocation of the resources necessary to ensure the financial sufficiency of the Local Entities without this being able to entail, in any case, a higher expenditure of the Public Administrations.

The state law projects will be accompanied by a report from the Ministry of Finance and Public Administrations in which the above criteria are accredited.

5. The law will determine the own municipal competence in question, ensuring that no simultaneous attribution of the same competition to another public administration occurs. "

Nine. Article 26 is read as follows:

" 1. The municipalities shall, in any case, provide the following

:

(a) In all the municipalities: public lighting, cemetery, waste collection, road cleaning, drinking water supply, sewerage, access to the population centers and paving of the roads public.

b) In the municipalities with a population of more than 5,000 inhabitants, in addition: public park, public library and waste treatment.

c) In the municipalities with a population of more than 20,000 inhabitants, in addition: civil protection, assessment and information of situations of social need and immediate attention to people in situations or risk of social exclusion, prevention and extinction of fire and sports facilities for public use.

d) In the municipalities with a population of more than 50,000 inhabitants, in addition: urban urban passenger transport and urban environment.

2. In municipalities with a population of less than 20,000 inhabitants shall be the Provincial Diputación or equivalent entity which shall coordinate the provision of the following services:

a) Collection and treatment of waste.

b) Supply of drinking water at home and evacuation and treatment of waste water.

c) Viary cleaning.

d) Access to population cores.

e) Pavement of urban roads.

f) Public lighting.

In order to coordinate the provision of services, the Diputación will propose, with the agreement of the municipalities concerned, the Ministry of Finance and Public Administrations the form of benefit, consistent with the direct by the Diputación or the implementation of shared management formulas through consortia, communities or other formulas. In order to reduce the actual costs of the services, the Ministry will decide on the proposed proposal that will have to have the mandatory report of the Autonomous Community if it is the Administration that exercises the financial protection.

When the municipality justifies before the Diputación that it can provide these services with an effective cost less than that derived from the form of management proposed by the Provincial Council or equivalent entity, the municipality will be able to assume the provision and coordination of these services if the Diputación considers it accredited.

When the Diputación or equivalent entity assumes the provision of these services it will impact the municipalities the effective cost of the service according to their use. If these services are financed by fees and are assumed by the Member State or equivalent entity, it shall be for the latter to whom the charge for the financing of the services is intended.

3. The assistance of the Diputations or entities equivalent to the Municipalities, provided for in Article 36, shall preferably be directed to the establishment and proper provision of the minimum services. "

Ten. Article 27 is worded as follows:

" 1. The State and the Autonomous Communities, in the exercise of their respective powers, may delegate to the municipalities the exercise of their powers.

The delegation will have to improve the efficiency of public management, contribute to eliminate administrative duplication and be in line with the legislation of budgetary stability and financial sustainability.

The delegation shall determine the scope, content, conditions and duration of the delegation, which may not be less than five years, as well as the efficiency control reserved for the delegating administration and the personal means, material and economic, which it allocates without the possibility of increasing public administration expenditure.

The delegation shall be accompanied by an economic memory where the principles referred to in the second subparagraph of this paragraph are justified and the impact on the expenditure of the Public Administrations concerned is valued without, in no case, can lead to increased spending of the same.

2. Where the State or the Autonomous Communities delegate one or more common powers to two or more municipalities in the same province, such delegation shall be carried out according to uniform criteria.

The delegating authority may request the assistance of the Provincial Diputations or equivalent entities for the coordination and monitoring of the delegations provided for in this paragraph.

3. In order to avoid administrative duplication, improve the transparency of public services and the service to the public and, in general, contribute to the processes of administrative rationalization, generating a net saving of resources, State administration and those of the Autonomous Communities may delegate, following homogeneous criteria, among others, the following powers:

a) Surveillance and control of environmental pollution.

b) Protection of the natural environment.

c) Provision of social services, promotion of equal opportunities and the prevention of violence against women.

d) Conservation or maintenance of health care centers of ownership of the Autonomous Community.

e) Creation, maintenance and management of children's schools of first-cycle public ownership education.

f) Realization of complementary activities in the teaching centers.

g) Management of cultural facilities of ownership of the Autonomous Community or of the State, with strict subjection to the scope and conditions deriving from article 149.1.28. of the Spanish Constitution.

h) Management of sports facilities owned by the Autonomous Community or the State, including those located in the educational centers when used outside the school hours.

i) Inspection and punishment of commercial establishments and activities.

j) Promotion and tourism management.

k) Communication, authorization, inspection and sanction of public shows.

l) Settlement and collection of taxes of the Autonomous Community or of the State.

m) Enrollment of associations, companies or entities in the administrative registers of the Autonomous Community or the State Administration.

n) Unified office management of information and administrative processing.

o) Cooperation with the educational administration through the partner centers of the National University of Distance Education.

4. The delegating authority may, in order to direct and control the exercise of the delegated services, issue general technical instructions and collect, at any time, information on municipal management, as well as to send commissioners and formulate the relevant requirements for the remedy of the deficiencies observed. In the event of non-compliance with the guidelines, refusal of the information requested, or failure to comply with the requirements set out, the delegating authority may revoke the delegation or execute the delegated competence in itself. replacement of the municipality. The acts of the Municipality may be appealed to the competent bodies of the delegating administration.

5. The effectiveness of the delegation will require its acceptance by the Municipality concerned.

6. The delegation will be accompanied in any case by the appropriate funding, for which the existence of adequate and sufficient budgetary allocation will be necessary in the budgets of the delegating administration for each financial year. economic, being null without that envelope.

Failure to comply with the financial obligations by the delegating autonomic authority will empower the local authority to compensate them automatically with other financial obligations that it has with that.

7. The delegation's disposition or agreement shall establish the grounds for revocation or resignation of the delegation. Among the reasons for the waiver will be the failure to comply with the financial obligations of the delegating administration or when, due to circumstances over-sold, the impossibility of its performance by the administration is sufficiently justified. in which they have been delegated without prejudice to the exercise of their own powers. The waiver agreement shall be adopted by the Plenary of the respective Local Entity.

8. Delegated powers are exercised in accordance with the law of the State or the Autonomous Communities. '

Once. The content of Article 28 is deleted.

Twelve. A new Article 32a is inserted with the following wording:

" Article 32a. Executive staff of Diputations, Cabildos and Insular Councils.

The appointment of management personnel who, if any, would have in the Diputations, Cabildos and Insular Councils should be made according to criteria of professional competence and experience, among career officials of the State, of the Autonomous Communities, of the Local Entities or with a national rating that belong to bodies or scales classified in the A1 subgroup, unless the corresponding Organic Regulation allows, for the attention of the specific characteristics of the functions of such management bodies, its holder does not meet such an official condition. "

Thirteen. Article 36 is amended, which is worded as follows:

" 1. It is the responsibility of the Diputación or equivalent entity to attribute to it in this concept the laws of the State and the Autonomous Communities in the different sectors of public action and, in any case, the following:

(a) The coordination of municipal services to each other for the guarantee of the comprehensive and adequate provision referred to in Article 31 (2) (a).

b) Legal, economic and technical assistance and cooperation to the municipalities, especially those of lower economic and management capacity. In any case, it shall ensure in the municipalities of less than 1,000 inhabitants the provision of secretarial and intervention services.

(c) the provision of public services of a supramunicial character and, where appropriate, supracharcal and the promotion or, where appropriate, coordination of the unified provision of services of the municipalities of their respective territorial scope. In particular, it shall take over the provision of waste treatment services in the municipalities of less than 5,000 inhabitants, and for the prevention and extinction of fires in those of less than 20,000 inhabitants, where they do not come into service.

d) Cooperation in the promotion of economic and social development and in planning in the provincial territory, in accordance with the competences of the other Public Administrations in this field.

e) The exercise of coordination functions in the cases provided for in Article 116 a.

f) Assistance in the provision of tax collection management services, in a voluntary and executive period, and services to support the financial management of municipalities with a population of less than 20,000 inhabitants.

g) The provision of e-government services and centralised procurement in municipalities with a population of less than 20,000 inhabitants.

h) The monitoring of the effective costs of the services provided by the municipalities of their province. When the Diputación finds that these costs are higher than those of the services coordinated or provided by it, it will provide the municipalities with their collaboration for a more efficient coordinated management of the services that will reduce these costs. costs.

i) Coordination by agreement, with the respective Autonomous Community, of the provision of the maintenance and cleaning service of medical offices in municipalities with a population of less than 5000 inhabitants.

2. For the purposes of points (a), (b) and (c) of the previous paragraph, the Diputación or equivalent entity shall:

a) Approves annually a provincial plan of cooperation to the works and services of municipal competence, in whose elaboration the Municipalities of the Province must participate. The plan, which must contain a supporting memory of its objectives and of the criteria for the distribution of funds, criteria which must in any case be objective and equitable, and which will include the analysis of the actual costs of the funds. services of the municipalities, may be financed by means of the Diputación or equivalent entity, the municipal contributions and the grants to be agreed between the Autonomous Community and the State in charge of their respective budgets. Without prejudice to the competences recognized in the Statutes of Autonomy and those previously assumed and ratified by them, the Autonomous Community ensures, in its territory, the coordination of the various provincial plans, according to provided for in Article 59 of this Law.

When the Diputación finds that the actual costs of the services provided by the municipalities are higher than those of the services coordinated or provided by it, it shall include in the provincial plan the formulas for the provision of services. unified or supramunicipal to reduce its effective costs.

The State and the Autonomous Community, where appropriate, may subject their subsidies to certain criteria and conditions in their use or employment and shall take into account the analysis of the actual costs of the services of the municipalities.

(b) Secure the access of the population of the Province to all the minimum services of municipal competence and to the greater efficiency and economy in the provision of these services through any formulas of assistance and cooperation municipal.

For this purpose, the Diputations or equivalent entities may grant grants and aid from their own resources for the realization and maintenance of municipal works and services, which will be used to through special plans or other specific instruments.

c) Guarantees the performance of the necessary public functions in the Councils and supports them in the selection and training of their staff, without prejudice to the activity carried out in these matters by the Administration of State and that of the Autonomous Communities.

d) Supports the Councils for the processing of administrative procedures and the carrying out of material and management activities, taking them when they are entrusted to them. "

Fourteen. Article 45 is not contained.

Fifteen. Article 55 is worded as follows:

" Article 55.

For the effective coordination and administrative efficiency, the General Administration of the State, as well as the local and regional administrations, in accordance with the principle of institutional loyalty, will have to Reciprocal:

(a) Respect the legitimate exercise by the other Administrations of their powers and the consequences of the exercise for their own.

b) To put in place, in the performance of its own competences, the totality of the public interests involved and, in particular, those whose management is entrusted to other administrations.

c) To assess the impact that their actions, in budgetary and financial matters, could cause on the rest of the Public Administrations.

d) Provide other administrations with information on their own management that is relevant to the proper development of their tasks.

e) To provide, in its own field, the active cooperation and assistance that the other Administrations may specify for the effective performance of their tasks. "

Sixteen. Article 57 is worded as follows:

" Article 57.

1. Economic, technical and administrative cooperation between the local authorities and the administrations of the State and the Autonomous Communities, both in local services and in matters of common interest, will be carried out on a voluntary basis. the forms and terms provided for in the laws, and may in any case take place by means of the consortia or administrative conventions which they subscribe to.

Of each cooperation agreement formalized by one of these Administrations will be given to those other ones that, having been interested, have not intervened in the same one, for the purposes of maintaining a reciprocal and constant information.

2. The signing of agreements and the formation of consortia should improve the efficiency of public management, eliminate administrative duplication and comply with the legislation on budgetary stability and financial sustainability.

3. The formation of a consortium can only take place when cooperation cannot be formalised through an agreement and provided that, in terms of economic efficiency, it allows for a more efficient allocation of economic resources. In any event, it is necessary to verify that the consortium's constitution will not put at risk the financial sustainability of the whole of the Finance of the Local Entity concerned, as well as the consortium itself, which will not be able to demand more resources from the initially planned. "

seventeen. A new Article 57a is included with the following wording:

" Article 57a. Guarantee of payment in the exercise of delegated powers.

1. If the Autonomous Communities delegate powers or subscribe to agreements with the Local Authorities which involve financial obligations or payment commitments by the Autonomous Communities, they shall be required to include a the guarantee of compliance with these commitments, consisting of the authorization of the General Administration of the State to apply withholding tax on the transfers that correspond to them for the implementation of its financing system. This clause must, in any event, lay down the time limits for the implementation of the payments committed, for the claim by the Local Entity in the event of non-compliance by the Autonomous Community of the obligation which it has and for the communication to the General Administration of the State of having produced such non-compliance, taking into account the time limit which, where appropriate, can be established by the Order of the Ministry of Finance and Public Administrations referred to in paragraph 3 of this Article. For the application of this clause, the prior authorization referred to in the additional septuagesth provision of Law 17/2012 of 27 December 2013 of the General State Budget for the year 2013 shall not be required.

2. Agreements for the delegation of powers and cooperation agreements which, at the entry into force of this standard, have been the subject of an extension, express or tacit, for a given time, may be renewed only in the event of include in the same the guarantee clause referred to in the previous paragraph. This rule shall apply to agreements which may be extended, either expressly or tacitly, for the first time after the entry into force of this Regulation.

3. The procedure for the application of the deductions referred to in paragraph 1 above and the corresponding provision for the Local Entities of the funds withheld from the Autonomous Communities shall be governed by Order of the Ministry of Finance and Public Administrations referred to in the additional septuagesth provision of Law 17/2012 of 27 December of the General Budget of the State for the year 2013. "

Eighteen. A new Article 75a is inserted with the following wording:

" Article 75a. The remuneration of the members of the Local Corporations and the staff at the service of the Local Entities.

1. The members of the Local Corporations shall be remunerated for the exercise of their office in the terms set out in the previous article. Each year, the General Budget of the State shall determine the total ceiling which the members of the Local Corporations may receive for all the remuneration and assistance concepts, excluding the three-year periods for which they are entitled the right to those career officials who are in a situation of special services, taking into account among other criteria the nature of the local Corporation and its population according to the following table:

Inhabitants

Reference
500,000	Secretary of State
300,001 to 500,000	Secretary of State -10%.
150,001 to 300,000	Secretary of State -20%.
75.001 to 150,000	Secretary of State -25%.
50,001 to 75,000	Secretary of State -35%.
20.001 to 50,000	Secretary of State -45%.
10,001 to 20,000	Secretary of State -50%.
5,001 to 10,000	Secretary of State -55%.
1,000 to 5,000	Secretary of State -60%.

Members of local population of less than 1,000 inhabitants will have no exclusive dedication. Exceptionally, they will be able to carry out their duties with partial dedication, receiving their remuneration within the limits set for the purpose in the State General Budget Law.

2. Without prejudice to the general rule laid down in the preceding paragraph, in the case of the remuneration of the Presidents of the provincial governments or equivalent institutions, they shall have a maximum limit for all the remuneration and assists which shall be equal to the remuneration of the tranche corresponding to the Mayor or Chairman of the most populous municipal corporation in his province.

In the case of the Cabildos and Insular Councils, their Presidents shall have a maximum limit for all the remuneration and assistance referred to in the remuneration of the tranche corresponding to the Mayor or President of the Most populous municipal corporation in your province, according to the following table:

Inhabitants

Reference
More than 150,000	Mayor or President of the most populous municipal corporation in your province
25,000 to 150,000	70% of the Mayor or President of the most populous municipal corporation in your province
0 to 25,000	50% of the Mayor or President of the most populated municipal corporation in your province

Councillors who are proclaimed as provincial or equivalent deputies will have to choose to maintain the exclusive dedication regime in one or another Local Entity, without in any case being able to accumulate both dedication.

3. Only members of the Corporation who do not have exclusive dedication or partial dedication shall receive assistance for the effective participation in the sessions of the collective organs of the Corporation to which they are a party, in the amount indicated by the Full of the same.

4. Within the framework of the Organic Law 2/2012 of 27 April, of budgetary stability and financial sustainability, and in article 93.2 of this Law, the annual laws of the General Budget of the State may set a limit maximum and minimum total for all remuneration concepts to be collected by staff at the service of the Local Entities and entities dependent on them according to the professional group of civil servants or equivalent staff The Committee of the European Parliament, the Committee of the European Parliament and the Committee of the European Status of each year. "

nineteen. A new Article 75b is introduced with the following wording:

" Article 75b. Limitation on the number of public offices of Local Entities with exclusive dedication.

1. In accordance with the provisions of Article 75 of this Law, the provision of services in the Ayculas under exclusive dedication by its members shall in any event be adjusted to the following limits:

(a) In the Municipalities of Municipalities with a population of less than 1,000 inhabitants, no member may provide its services under exclusive dedication.

(b) In the municipalities of Municipalities with a population of between 1,001 and 2,000 inhabitants, only one member may provide his/her services under exclusive dedication.

c) In the municipalities of Municipalities with a population of between 2,001 and 3,000 inhabitants, the members who may provide their services under exclusive dedication shall not exceed two.

(d) In the municipalities of Municipalities with a population of between 3,001 and 10,000 inhabitants, the members who may provide their services under exclusive dedication shall not exceed three.

e) In the municipalities of Municipalities with a population of between 10,001 and 15,000 inhabitants, the members who may provide their services under exclusive dedication shall not exceed five.

f) In municipalities with a population of between 15,001 and 20,000 inhabitants, the members who will be able to provide their services under exclusive dedication shall not exceed seven.

g) In the municipalities of Municipalities with a population of 20,001 to 35,000 inhabitants, the members who may provide their services under exclusive dedication shall not exceed ten.

(h) In the municipalities of Municipalities with a population of between 35,001 and 50,000 inhabitants, the members who will be able to provide their services under exclusive dedication shall not exceed 11.

(i) In the municipalities of Municipalities with a population of 50,001 to 100,000 inhabitants, the members who may provide their services under exclusive dedication shall not exceed fifteen.

(j) In the municipalities of Municipalities with a population of between 100,001 and 300,000 inhabitants, the members who may provide their services under exclusive dedication shall not exceed eighteen.

k) In the municipalities of Municipalities with a population of between 300,001 and 500,000 inhabitants, the members who may provide their services under exclusive dedication shall not exceed twenty.

(l) In the municipalities of Municipalities with a population of between 500,001 and 700,000 inhabitants, the members who may provide their services under exclusive dedication shall not exceed twenty-two.

m) In the municipalities of municipalities with a population of between 700,001 and 1,000,000 inhabitants, the members who may provide their services under exclusive dedication shall not exceed 25.

n) In the municipalities of Madrid and Barcelona, the members who will be able to provide their services under exclusive dedication will not exceed, respectively, forty-five and thirty-two.

2. The maximum number of members who will be able to provide their services under exclusive dedication in the Provincial Diputations shall be the same as that of the section corresponding to the Corporation of the most populous municipality in its province.

3. The maximum number of members who will be able to provide their services under exclusive dedication will be determined on the basis of the following criteria: in the islands with more than 800,000 inhabitants it is reduced by 2 compared to the the current number of members of the city council, and in those of less than 800,000 inhabitants 60% of the elected office in each Island Town Council. "

Twenty. Article 84a is amended as follows:

" Article 84a.

1. Without prejudice to the provisions of the foregoing Article, the exercise of activities shall not, in general, be subject to the obtaining of a licence or other means of preventive control.

However, a license or other means of preventive control may be required for those economic activities:

(a) Where justified on grounds of public policy, public security, public health or environmental protection in the particular place where the activity is carried out, and these reasons cannot be safeguarded by the presentation of a responsible statement or a communication.

(b) When due to the scarcity of natural resources, the use of public domain, the existence of unequivocal technical impediments or depending on the existence of public services subject to regulated tariffs, the number of Economic operators on the market are limited.

2. The physical facilities or infrastructure for the pursuit of economic activities shall only be subject to an authorisation system where it is established by a law which defines its essential requirements and which are liable to cause damage. on the environment and the urban environment, public health and safety and the historical heritage and is proportionate. The assessment of this risk shall be determined on the basis of the characteristics of the facilities, including the following:

a) The electrical or energy power of the installation.

b) The capacity or capacity of the installation.

c) Acoustic pollution.

d) The composition of the waste water that is emitted by the installation and its debugging capacity.

e) The existence of flammable or polluting materials.

(f) Facilities affecting goods declared to be members of the historical heritage.

3. In the event of the existence of licences or concurrent authorizations between a Local Entity and another Administration, the Local Entity must expressly state in the justification of the need for the authorization or license the general interest that is intended to be protected and is not already covered by another existing authorisation. "

Twenty-one. Paragraph 3 shall be deleted and Article 85 (2) shall be amended as follows:

" 2. The local public competition services shall be managed in the most sustainable and efficient manner from those listed below:

A) Direct management:

a) Management by the Local Entity itself.

b) Local stand-alone body.

c) Local business public entity.

(d) Local market company, the social capital of which is publicly owned.

Only the forms provided for in points (c) and (d) may be used where it is established by means of supporting documents drawn up for the purpose that they are more sustainable and efficient than the forms set out in points (a) and (b) for which the criteria for economic profitability and investment recovery must be taken into account. In addition, the supporting document for the advice received, which will be submitted to the plenary for approval, will be included in the dossier, where the reports on the cost of the service will be included, as well as the technical support received, which must be advertised. For this purpose, the local financial controller shall be informed of the financial sustainability of the proposed proposals, in accordance with Article 4 of the Organic Law 2/2012 of 27 April 2012 on budgetary stability. and Financial Sustainability.

B) Indirect management, by means of the different forms provided for the contract of management of public services in the recast text of the Law of Public Sector Contracts, approved by Royal Legislative Decree 3/2011, of 14 November.

The form of management by which it is chosen must take into account the provisions of Article 9 of the Basic Staff Regulations, adopted by Law 7/2007 of 12 April, in respect of the exercise of functions which exclusively correspond to public officials. "

Twenty-two. Article 85b (2) shall be amended as

:

" 2. The company will have to adopt one of the forms provided for in the recast of the Law of Capital Societies approved by the Royal Decree of Law 1/2010, of July 2, and in the writing of the constitution will consist of the capital that will have to be contributed by public administrations or by public sector entities that are dependent on them to which their ownership corresponds. '

Twenty-three. Article 86 is worded as follows:

" 1. The Local Entities may exercise the public initiative for the development of economic activities, provided that the objective of budgetary stability and the financial sustainability of the financial year of its financial year are guaranteed. powers. In the case of proof of convenience and opportunity of the measure, it must be justified that the initiative does not create a risk to the financial sustainability of the municipal treasury as a whole, and must contain an analysis of the market, concerning the existing supply and demand, the profitability and the possible effects of the local activity on the business concurrency.

It is up to the full local Corporation to approve the file, which will determine the specific form of service management.

2. The reservation is declared in favour of the Local Entities of the following essential activities or services: home supply and purification of water; collection, treatment and use of waste, and public transport of passengers; compliance with the provisions of the applicable sectoral legislation. The State and the Autonomous Communities, within the scope of their respective powers, may establish, by law, the same reservation for other activities and services.

The effective implementation of these activities under the monopoly regime requires, in addition to the approval agreement of the full local Corporation, the approval by the competent authority of the Autonomous Community.

3. In any event, the State Administration may contest the acts and agreements provided for in this Article, in accordance with the provisions of Chapter III of Title V of this Law, when they fail to comply with the legislation on budgetary stability and financial sustainability. "

Twenty-four. Article 92 is worded as follows:

" Article 92. Officials serving the local administration.

1. The officials at the service of the local administration are governed, in the absence of this Law, by Law 7/2007, of 12 April, of the Basic Staff Regulations, by the remaining legislation of the State in matters of public service, as well as by the legislation of the Autonomous Communities, in the terms of Article 149.1.18. of the Constitution.

2. As a general rule, the positions of the local government and its autonomous bodies will be carried out by official staff.

3. It is for the officials of the local administration to exercise the functions which involve direct or indirect participation in the exercise of public powers or in the safeguarding of the rights of the public. general interest. They are also public functions, the fulfillment of which is reserved for career officials, those who involve exercise of authority, and in general, those who in the development of this Law, reserve the officials for the best guarantee of objectivity, impartiality and independence in the exercise of the function. "

Twenty-five. A new Article 92a is included with the following wording:

" Article 92a. Local administration officials with a national rating.

1. They are necessary public functions in all local Corporations, whose administrative responsibility is reserved for local administration officials with national empowerment:

a) The Secretariat, understanding of public faith and mandatory legal advice.

b) The internal control and control of economic and financial management and budgetary management, and accounting, treasury and collection.

However, in the municipalities of large population, the provisions of Title X of this Law and the municipalities of Madrid and Barcelona will be taken into account in the regulation contained in Laws 22/2006 of 4 July 2006. Capital and Special Regime of Madrid and 1/2006, of March 13, for which the Special Regime of the Municipality of Barcelona is regulated respectively.

2. The scale of local administration officials with a national rating is subdivided into the following subscales:

a) Secretariat, to which the functions contained in paragraph 1.a) above correspond.

(b) cash-flow, to which the functions referred to in paragraph 1 (b) are concerned.

(c) Secretariat-intervention to which the functions referred to in paragraphs 1.a) and 1.b correspond), except for the treasury function.

3. The officials of the sub-scales of the Secretariat and the Treasury shall be integrated into one of these two categories: entry or higher.

4. The Government, by means of a royal decree, will regulate the specialities of the creation, classification and removal of posts reserved for local administration officials with national qualifications as well as those that may correspond to their regime. disciplinary and administrative situations.

5. The approval of the offer of public employment, selection, training and empowerment of the local administration officials with national qualification is the responsibility of the State, through the Ministry of Finance and Public Administration, in accordance with the approved bases and programmes.

6. The Government, by means of a royal decree, will regulate the corresponding specialities in the form of the provision of reserved posts to local administration officials with national qualifications. In any case, the competition will be the normal system for the provision of jobs. The territorial scope of the contests shall be of a state nature.

The general merits of the mandatory assessment will be determined by the State Administration, and its score will reach a minimum of 80% of the total possible according to the corresponding scale. The merits corresponding to the specialties of the Autonomous Community shall be fixed for each of them and their score may be as high as 15% of the total possible. The merits corresponding to the local Corporation's specialties will be fixed by this, and your score will reach up to 5% of the total possible.

There will be two annual contests: the ordinary contest and the unitary contest. The unitary contest will be convened by the State Administration. Local corporations with vacant posts shall approve the bases of the ordinary contest, in accordance with the model of convocation and common bases approved in the royal decree provided for in the previous paragraph, and shall carry out the calls, referring them to the corresponding Autonomous Community for simultaneous publication in the official journals.

Exceptionally, jobs reserved for local administration officials with national qualifications may be covered by the free designation system, in the municipalities included in the subjective field. defined in Articles 111 and 135 of the recast text of the Local Government Law Regulatory Law, approved by the Royal Legislative Decree of 5 March, as well as the Provincial Diputations, Metropolitan Areas, Cabildos and Island Councils and the cities with autonomy status of Ceuta and Melilla, among the officials of the subscale and corresponding category. In the case of posts assigned to the duties referred to in paragraph 1 (b) of this Article, the express authorization of the competent authority of the General Administration of the State in respect of local.

Likewise, it will be necessary to report prior to the competent organ of the General Administration of the State in matters of local Haciendas for the cessation of those officials assigned the functions contained in the Paragraph 1 (b) of this Article and which have been appointed by free designation.

In the event of the cessation of a free designation, the Local Corporation shall assign the official to the official who has ceased a position of work of the same group of qualifications.

7. The Autonomous Communities shall make, in accordance with the rules laid down by the State Administration, provisional appointments of officials with national qualifications, as well as the commissions of services, accumulations, appointments of temporary staff and accidental personnel.

8. Officials shall remain in each job, obtained by a tender, a minimum of two years in order to be able to participate in the competitions for the provision of jobs or to be appointed on a provisional basis in another job, except in the scope of the same Local Entity.

Exceptionally, prior to the course of that period, appointments may be made on a provisional basis by the Ministry of Finance and Public Administrations, provided that there are reasons and circumstances requiring the coverage of the post as a matter of urgency by these officials, and the impossibility of making an interim appointment in accordance with the provisions of the preceding paragraph.

The exceptional circumstances which justify the application for a provisional appointment shall be established, and in any event the possible prejudice or prejudice to the possibility of such an appointment shall be taken into account. Local where the position is occupied at the time of the request.

9. In the Ministry of Finance and Public Administration, there shall be a Register of local administration officials with a national status integrated with the Autonomous Communities, where they will register and record all the acts that affect the administrative life of these officials.

10. The following are the competent bodies for the opening of disciplinary cases to local administration officials with a national rating:

(a) The relevant organ of the Corporation where the official has committed the facts that are imputed to him, when they may be constitutive of a minor fault.

(b) The Autonomous Community with respect to officials of local corporations in their territorial scope, except where the reported facts may be the constitutive of very serious faults in the basic state regulations.

(c) The Ministry of Finance and Public Administrations when the reported facts could be the constitutive of very serious faults, typified in the basic state regulations.

The competent body to agree to the opening of the file shall also be responsible for appointing an instructor of the file and issuing or raising the provisional suspension of the issue, as well as for instructing prior proceedings before deciding on such an opening.

The instruction of the file shall be carried out by a career official of any of the Bodies or Escalations of the A1 Subgroup A1, including the National Enablement Officers ' Scale, which has knowledge in the matter to which the infringement relates.

11. They are competent bodies for the imposition of disciplinary sanctions against local administration officials with a national rating of the following:

(a) The Minister of Finance and Public Administrations, when the penalty to be imposed is for a very serious lack, as defined in the basic state regulations.

(b) The Autonomous Community, in the case of imposing sanctions for the suspension of functions and removal, not covered by the preceding paragraph.

(c) The competent local authority, in the case of penalties for minor faults.

The sanction imposed will be executed on its own terms, even if at the time of execution, the official will find himself occupying a position other than that in which the facts that gave rise to the sanction.

The penalty for dismissal will involve the loss of the job, with the prohibition of obtaining a destination in the same Corporation in which the sanction took place, in the period that will be fixed, with the maximum of six years, for the very serious, and three years for serious faults.

The suspension of duties will last for a maximum of six years, for very serious faults, and three years for serious misconduct. "

Twenty-six. Article 100.1 is amended as follows:

" 1. The selection of officials with the exception of officials with national qualifications is the responsibility of each local Corporation. "

Twenty-seven. A new Article 103a is inserted with the following wording:

" Article 103a. Pay mass of local public sector workforce.

1. Local corporations will approve the wage bill for local public sector workers annually, respecting the limits and conditions that will be established as a basic principle in the corresponding General Budget Law. Status.

2. The approval referred to in the preceding paragraph shall include the approval of the Local Entity, bodies, public undertakings and other public entities and local commercial companies of which they are dependent, as well as those of the consortia. assigned to it by virtue of the provisions of the basic legislation of the legal regime of the Public Administrations and of the foundations in which one of the following circumstances is present:

(a) Which are constituted by a majority, direct or indirect, contribution of the entities referred to in this paragraph.

(b) That its founding patrimony, with a permanence character, consists of more than 50 per 100 for goods or rights contributed or transferred by the aforementioned entities.

3. The approved wage bill shall be published in the electronic headquarters of the Corporation and in the Official Gazette of the Province or, where appropriate, of the Autonomous Community within 20 days. "

Twenty-eight. A new Article 104a is inserted with the following wording:

" Article 104a. Eventual staff of the Local Entities.

1. The allocation of posts for which the coverage corresponds to eventual staff in the Councils shall comply with the following limits and rules:

(a) The municipalities of the population between 2,000 and 5,000 inhabitants may exceptionally have a job whose coverage corresponds to eventual staff when there are no members of the local corporation with dedication exclusive.

(b) Municipalities of Municipalities with a population of more than 5,000 and not more than 10,000 inhabitants may include in their templates an eventual number of staff for a number which may not exceed one.

(c) Municipalities of Municipalities with a population of more than 10,000 and not more than 20,000 inhabitants may include in their templates any number of staff members who may not exceed two.

d) Municipalities of Municipalities with a population of more than 20,000 and not more than 50,000 inhabitants may include in their templates any number of staff members who may not exceed seven.

(e) Municipalities of Municipalities with a population of more than 50,000 and not more than 75,000 inhabitants may include in their templates any number of staff members who may not exceed half of the city council members. of the Local Corporation.

(f) Municipalities of Municipalities with a population of more than 75,000 and not more than 500,000 inhabitants may include in their templates any number of staff members who may not exceed the number of councillors. of the Local Corporation.

(g) Municipalities of municipalities with a population of more than 500 000 inhabitants may include in their templates any number of staff members who may not exceed 0.7% of the total number of posts (a) the work of the staff of the respective Local Entities, having regard to these effects, the entities having the consideration of public administration within the framework of the European System of Accounts.

2. The number of jobs whose coverage corresponds to eventual staff in the Provincial Diputations will be the same as that of the section corresponding to the Corporation of the most populous municipality in its Province. In the case of the island Councils and Cabildos, it will not be able to exceed what is necessary to apply the following criterion: in the islands with more than 800,000 inhabitants, it is reduced by 2 compared to the current number of members of the city council, and, in those of less than 800,000 inhabitants, 60% of the elected office in each Cabildo or Insular Council.

3. The other Local Entities or their dependent bodies may not include in their respective templates, positions of which the coverage corresponds to eventual staff.

4. The staff referred to in the preceding paragraphs shall always be assigned to the general services of the Local Entities in whose staff they are registered. Only by way of exception may the services or departments of the structure of the Local Entity be assigned, on a functional basis, if this is expressly reflected in their organic regulations.

5. The local authorities shall publish semi-annually in their electronic headquarters and in the Official Gazette of the Province or, where appropriate, the Autonomous Community of the Autonomous Community the number of the posts reserved for any possible staff.

6. The President of the Local Entity shall report to the plenary on a quarterly basis on compliance with the provisions of this Article. "

Twenty-nine. Article 109 is amended as follows:

" 1. The total or partial extinction of the debts which the State, the Autonomous Communities, the Social Security and any public law entities dependent on the former have respectively with the Local Entities, or vice versa, may agreed by way of compensation, in the case of overdue, liquid and enforceable debts.

The provisions of this paragraph shall apply in accordance with the provisions of the specific provisions of Social Security and Public Finance in respect of debt compensation.

2. The total or partial extinction of the public-law debts which the Autonomous Communities and any other public law entities which are dependent on them have with the entities governed by public law or linked, dependent or in full participation by the Local Entities, or vice versa, may be agreed by way of compensation, in the case of overdue, liquid and enforceable debts. '

Thirty. A new Article 116 bis is included with the following wording:

" Article 116 bis. Content and follow-up of the economic-financial plan.

1. Where, for non-compliance with the objective of budgetary stability, the public debt objective or the expenditure rule, the non-performing local corporations formulate their economic and financial plan shall do so in accordance with the formal requirements to be determined by the Ministry of Finance and Public Administrations.

2. In addition to the provisions of Article 21 of the Organic Law 2/2012 of 27 April 2012 on budgetary stability and financial sustainability, the above plan shall include at least the following measures:

(a) Suppression of the powers exercised by the Local Entity which are different from those of their own and those exercised by delegation.

b) Integrated or coordinated management of the mandatory services provided by the Local Entity to reduce its costs.

c) Increase in revenue to fund the mandatory services provided by the Local Entity.

d) Organizational rationalization.

(e) Suppression of entities with a territorial scope lower than the municipality which, in the previous immediate financial year, are in breach of the objective of budgetary stability or the objective of public debt or the period Means of payment to suppliers exceeds the maximum period laid down in the late payment rules in more than 30 days.

f) A proposed merger with a adjoining municipality in the same province.

3. The Provincial Diputación or equivalent entity shall assist the other local corporations and collaborate with the Administration that exercises the financial protection, as appropriate, in the elaboration and monitoring of the implementation of the measures contained in the in the economic-financial plans. The Diputación or equivalent entity shall propose and coordinate the measures referred to in the previous paragraph where they are supramunicipal, which shall be assessed before the economic and financial plan is approved, as well as other supramunicialmeasures. other than expected, including monitoring of the merger of Local Entities that would have been agreed. "

Thirty-one. A new Article 116 ter is added with the following wording:

" Article 116 ter. Effective cost of services.

1. All Local Entities shall calculate by 1 November of each year the effective cost of the services they provide, on the basis of the data contained in the clearance of the general budget and, where appropriate, of the approved annual accounts of the linked or dependent entities, corresponding to the previous immediate financial year.

2. The calculation of the effective cost of the services shall take into account the direct and indirect costs of the services in accordance with the expenditure data referred to in the preceding paragraph: Public administrations these calculation criteria will be developed.

3. All Local Entities shall report the actual costs of each of the services to the Ministry of Finance and Public Administrations for publication. "

Thirty-two. Point (m) is amended and a new point (n) is added to Article 127 (1) with the following wording:

" m) Designate municipal representatives in the governing bodies or administration of entities, foundations or societies, whatever their nature, in which the City Council is involved.

n) The others that correspond to you, in accordance with the legal provisions in force. "

Thirty-three. Article 130 (3) shall be amended as

:

" 3. The appointment of the general coordinators and the directors-general, on the basis of criteria of professional competence and experience, must be carried out between career officials of the State, the Autonomous Communities, and the Local or enabling national character belonging to bodies or scales classified in the A1 sub-group, except that the Municipal Organic Regulation allows, in consideration of the specific characteristics of the functions of such organs managers, their holder does not meet that official status. '

Thirty-four. The second additional provision is amended, which is worded as follows:

" Additional Disposition Second. Basque foral regime.

The provisions of this Law, in accordance with the Constitution and the Statute of Autonomy for the Basque Country, will apply in the Historical Territories of Araba/Alava, Gipuzkoa and Bizkaia, without prejudice to the following Peculiarities:

1. In accordance with the first provision of the Constitution and with the provisions of Articles 3, 24, 2 and 37 of the Basque Statute, the Historical Territories of Araba/Alava, Gipuzkoa and Bizkaia shall freely organise their own institutions and (a) shall provide the necessary rules for its operation, and shall also ensure the historical peculiarities of the local authorities in their territories, without being applicable to them in the present law. provincial organisation.

2. The Historical Territories of Araba/Alava, Gipuzkoa and Bizkaia shall exercise the powers conferred upon them by the Basque Statute and the internal legislation of the Autonomous Community which is dictated in its development and application, as well as those of this Law. (a) a general assignment to the Provincial Diputations.

3. In the exercise of the powers conferred on them by the Statute and the legislation of the Autonomous Community in their development and implementation, it is up to the Foral Institutions of the Historical Territories to develop normative and implementation of the basic legislation of the State in the relevant areas, where they are attributed to them.

4. When the Foral Institutions of the Historical Territories carry out activities in fields whose competence lies with the State Administration or the Autonomous Community, the rules of this Law shall apply to them. discipline the relations of the Provincial Diputations with the Administration of the State and the Autonomous Administration, where appropriate, as long as those activities are exercised in the capacity of ordinary provincial Diputations, and not as Foral institutions in accordance with their special deprivative regime, in which case they shall only apply such rules when they develop or implement the basic legislation of the State or encroach upon the State's powers.

5. In matters of finance, the relations of the Historical Territories with the State Administration will be in accordance with the provisions of Law 12/2002, of 23 May, approving the economic concert with the Autonomous Community of the Basque Country. The functions which Articles 7.4 and 26.2 confer on the Administration exercising financial protection shall be exercised in the Basque Country by its competent institutions in accordance with Article 48.5 of the said Law 12/2002, of 23 May.

6. The Historical Territories of the Basque Country will continue to retain its special scheme in the field of municipal matters in respect of the economic and financial system in the terms of the Law of the Economic Concert, without this being able to mean a level of (a) the autonomy of the Basque Local Corporations which is less than that of the other Local Corporations, without prejudice to the application of the provisions of Article 115 of this Law and of the powers which in this respect may correspond to the Autonomous Community.

To these effects, the Foral Diputations will develop the calculation criteria in accordance with the provisions of Article 116 of this Law, receiving the communication of the effective cost of the services provided by the Local entities of their respective territories.

Likewise, in connection with Article 116 bis of this Law, in the exercise of the powers of financial protection, it will be up to the Forales Diputaciones to approve it, specifying the necessary rules for its formulation, economic and financial plans of their respective corporations, in accordance with the rules dictated to the effect by the State.

Likewise, according to the provisions of the transitional provision of Law 27/2013 of rationalization and sustainability of the Local Administration, the entities of territorial scope inferior to the municipality will communicate to the Foral institutions their accounts and it will be these Foral Institutions who agree to their dissolution if it proceeds in application of the said provision.

7. In the field of the Autonomous Community of the Basque Country, the rules governing local administration officials with a national rating provided for in Article 92a and consistent with this Law shall be applied in accordance with the provisions of this Law. Article 149.1.18 of the Constitution, and with the Organic Law 3/1979 of 18 December, approving the Statute of Autonomy for the Basque Country, taking into account that all the powers of the (a) in respect of such staff shall be held by the competent institutions, in terms of establish the autonomy rules, including the right to call exclusively for their territory the competitions for vacant places in the same, as well as the faculty of appointment of the officials, in such contests.

8. The percentage of the scale reserved for the State in Article 92 bis.6 is set at 65 per 100, with 30 per 100 of the total available to the competent institutions of the Autonomous Community of the Basque Country to establish the merits correspond to the knowledge of the legal and economic-administrative specialties derived from their historical rights and especially the Economic Concert.

Within 5 per 100 remaining, the Local Corporation concerned may freely establish the specific merits that it deems appropriate due to the local characteristics.

9. In the agreement to be established between institutions entrusted with the training of such personnel at national level and the Basque Institute of Public Administration (IVAP) for training by the latter of the officials to which it refers Article 92a of this Law, the Autonomous Community of the Basque Country may include matters or disciplines specific to its specific characteristics, with the sole condition of compliance with the minimum requirements of an academic order which They are generally established for issues of common demand throughout the State, never higher to those who are governed by the National Institute of Public Administration.

10. The control and internal audit of the economic and financial management and the accounting, treasury and collection of the Foral Diputations will be organized freely by these in the framework of the Economic Concert without application of the provisions of Article 92a of this Law.

11. In the context of the objectives of budgetary stability and in accordance with the powers and powers conferred on them by local government and local funding, the additional provision of the Spanish Constitution, the Statute of Autonomy, the Law of the Economic Concert and the additional provision of the Law of Local Regime Bases, the foral organs of the Basque Historical Territories will determine the total maximum limits of all the remuneration and assists of the members of the Local Corporations, the eventual staff and the rest of the staff the service of the Local Corporations and its public sector and of the officials with a national rating. The determination of such remuneration shall comply with the principles and structure established, where appropriate, by state law. "

Thirty-five. Paragraph 3 is amended and a new paragraph 4 is added to the fifth additional provision, with the following wording:

" 3. Such associations may, in the field of their functions, conclude agreements with the various public administrations. Likewise, in accordance with Article 12.2 of Law 38/2003 of 17 November, General of Grants, they may act as collaborating entities of the Administration in the management of the grants of which they may be beneficiaries the Local Entities and their dependent bodies.

Local Entities associations may adhere to the state centralized contracting system regulated in Article 206 of the Recast Text of the Public Sector Contracts Law, approved by Royal Decree Legislative 3/2011 of 14 November, in the same terms as the Local Entities.

As provided for in Article 203 of the Recast Text of the Public Sector Contracts Act, these associations will be able to create hiring centers. The Local Entities to which they are associated may accede to such plants for those services, supplies and works the procurement of which has been carried out by those bodies, in accordance with the rules laid down in that Recast Text, for the preparation and the award of public administration contracts.

4. The associations of State-wide Local Entities with greater implementation throughout the territory will hold the institutional representation of the local administration in its relations with the General Administration of the State. "

Thirty-six. The following additional provision is amended as follows:

" Additional provision ninth. Re-sizing of the local public sector.

1. The Local Entities of Article 3.1 of this Law and the autonomous agencies of which they are dependent may not acquire, constitute or participate in the constitution, directly or indirectly, of new bodies, entities, societies, consortia, foundations, units and other entities for the duration of their economic-financial plan or adjustment plan.

The entities mentioned in the preceding paragraph during the lifetime of their economic-financial plan or adjustment plan may not make capital contributions or subscribe to capital increases of entities. (a) public enterprises or local commercial companies having financing needs. By way of derogation, the local authorities may make such capital contributions if, in the preceding financial year, they have complied with the objectives of budgetary stability and public debt and their average period of payment to suppliers does not exceed the maximum period laid down in the late payment rules in more than 30 days.

2. Those entities which, upon the entry into force of this Law, carry out economic activities, are assigned for the purposes of the European System of Accounts to any of the Local Entities of Article 3.1 of this Law or their bodies They will have two months from the date of entry into force of this Law to approve a plan to correct this imbalance, prior to the report of the Financial Authority of the Local Entity. For these purposes, and as part of the said correction plan, the Local Entity of which it is dependent may make capital contributions or subscribe to capital increases of its institutions only if, in the previous immediate financial year, that Local Entity has complied with the objectives of budgetary stability and public debt and its average period of payment to suppliers does not exceed by more than 30 days the maximum period laid down in the rules of late payment.

If this correction is not completed by 31 December 2014, the Local Entity within the maximum period of the following six months from the approval of the annual accounts or the liquidation of the budget for the financial year 2014 the entity shall, as appropriate, dissolve each entity that continues to be in an imbalance. If they do not do so, they shall be automatically dissolved on 1 December 2015.

The periods referred to in the preceding paragraph of this paragraph 2 shall be extended until 31 December 2015 and 1 December 2016, respectively, where the disequilibrium entities are providing any of the following: essential services: home and water purification, collection, treatment and use of waste, and public passenger transport.

This financial imbalance situation will, for entities that have the consideration of public administration for the purposes of the European System of Accounts, refer to their need for financing in terms of the European System of Accounts, whereas for the other entities the situation of financial imbalance manifested in the existence of negative operating results in two consecutive accounting years shall be understood.

3. Bodies, entities, companies, consortia, foundations, units and other entities which are attached, linked or dependent, for the purposes of the European System of Accounts, to any of the Local Entities of Article 3.1 of this Law or its autonomous bodies, may not constitute, participate in the constitution or acquire new entities of any type, regardless of their sectoral classification in terms of national accounting.

4. Those bodies, entities, companies, consortia, foundations, units and other entities which, at the entry into force of this Law, are not in a situation of surplus, balance or positive operating results, are exclusively controlled by units assigned, linked or dependent, for the purposes of the European System of Accounts, of any of the Local Entities of Article 3.1 of this Law, or of its self-employed bodies, shall be directly attached, linked or dependent to the Local Entities of Article 3.1 of this Law, or to be dissolved, in both cases, within three months of the date of entry into force of this Law and, if it is dissolved, the process of liquidation within three months from the date of dissolution. Failure to do so shall automatically be dissolved six months after the entry into force of this Law.

In the event that such control is not exercised on an exclusive basis, the said dependent units shall carry out their participation within three months of the entry into force of this Law.

The time limits for the change of membership, linkage or dependency, dissolution and for the transmission of the corresponding participation referred to in the previous two paragraphs of this paragraph 4 will be extended in one year. more, where the disequilibrium entities are providing one of the following essential services: home supply and water purification, waste collection, treatment and use, and public passenger transport. "

Thirty-seven. The additional 12th Disposition is amended as follows:

" Additional Disposition 12th. Remuneration in commercial and senior management contracts of the local public sector and maximum number of members of the governing bodies.

1. The remuneration to be set in the commercial or senior management contracts entered into by the entities, consortia, companies, bodies and foundations that make up the local public sector are classified, exclusively, in basic and complementary.

Basic remuneration shall be based on the characteristics of the entity and include the minimum required remuneration allocated to each individual responsible, manager or contract staff.

Complementary rewards, comprise a post complement and a variable complement. The complement of post would pay for the specific features of the functions or managerial posts and the variable complement would pay for the achievement of previously established objectives.

2. It is up to the local corporation's plenary to classify the entities linked or dependent on it that integrate the local public sector, into three groups, taking into account the following characteristics: volume or number of business, number of workers, whether or not they need public funding, investment volume and characteristics of the sector in which they operate.

This classification will determine the level at which the entity is situated for the purposes of:

(a) The maximum number of members of the governing board and the higher governing bodies or administration of the entities, if any.

(b) Organizational structure, with the minimum and maximum number of directors being fixed, as well as the maximum amount of total remuneration, with determination of the maximum percentage of the position and variable complement.

3. Remuneration in kind which, where appropriate, shall be collected for the purposes of meeting the limits of the maximum amount of the total remuneration. The maximum amount of the total remuneration shall not exceed the limits set annually in the General Budget Law of the State.

4. The maximum number of members of the governing board and senior government or administrative bodies of the said entities may not exceed:

a) 15 members in entities in group 1.

b) 12 members in entities in group 2.

c) 9 members in group 3 entities.

5. Without prejudice to the legal publicity to which they are obliged, the entities included in the local public sector shall disseminate through their website the composition of their administrative, management, management and control bodies, including data and professional experience of its members.

The remuneration to be collected by the members of the aforementioned bodies shall be collected annually in the entity's activities.

6. The content of the commercial or senior management contracts concluded prior to the entry into force of this Law must be adapted to it within two months of the entry into force.

The adaptation will not be able to produce any increment, relative to your previous situation.

Entities shall take the necessary measures to adapt their internal operating rules or rules to the provisions of this Law within the maximum period of three months from the communication of the classification.

7. The termination of commercial or senior management contracts shall not create any right to be integrated into the structure of the Local Government of which the public sector entity in which such services were provided is dependent, outside the ordinary access systems. "

Thirty-eight. A new, additional, sixteenth provision is incorporated with the following wording:

" Additional Disposition sixteenth. Majority required for the adoption of agreements in Local Corporations.

1. Exceptionally, when the Local Corporation's plenary fails to reach, in a first vote, the majority necessary for the adoption of agreements provided for in this Law, the Local Government Board will have the power to approve:

(a) The budget for the following immediate financial year, provided that a carry-over budget is previously available.

b) Economic and financial plans, rebalancing plans and adjustment plans referred to in Organic Law 2/2012 of 27 April.

c) The Local Corporation's reorganization plans or debt reduction plans.

d) The entry of the Local Corporation into the existing extraordinary financing mechanisms referred to in Organic Law 2/2012 of 27 April, and in particular access to the extraordinary measures to support the liquidity provided for in Royal Decree-Law No 8/2013 of 28 June 2013, of urgent measures against the late payment of public administrations and support for Local Entities with financial problems.

2. The Local Government Board shall take account of the plenary session at the first session held after the adoption of the agreements referred to in the previous paragraph, which shall be published in accordance with the general rules which they are applicable to them. "

Article 2. Amendment of the Recast Text of the Law of the Local Government, approved by Royal Legislative Decree of March 5.

The Recast Text of the Local Law Regulatory Law, approved by Royal Legislative Decree of March 5, is amended as follows:

One. A new Article 193a is included with the following wording:

" Article 193a. Rights of difficult or impossible collection.

Local Entities shall report to the Ministry of Finance and Public Administrations and to its plenary, or equivalent body, of the outcome of the application of the determining criteria for the rights of difficult or impossible. collection with the following minimum limits:

(a) The rights to be charged settled within the budgets of the two previous financial years to which the settlement is due shall be reduced by 25% at least.

(b) Pending receivables settled within the budgets of the third year preceding the settlement shall be reduced by at least 50%.

(c) Pending receivables settled within the budgets of the fourth to fifth financial years preceding the settlement shall be reduced by 75% at least.

(d) Pending receivables settled within the budgets of the remaining financial years prior to the settlement shall be 100 percent reduced. "

Two. Article 213 is amended as follows:

" Article 213. Internal control.

To be exercised in the Local Entities with the extension and effects that are determined in the following articles the functions of internal control with respect to its economic management, of the autonomous organisms and of the societies market-dependent, in their forms of financial control, function of financial control, including auditing of accounts of institutions to be determined on a regulatory basis, and function of effectiveness control.

At the proposal of the Ministry of Finance and Public Administrations, the Government will establish the rules on control procedures, application methodology, performance criteria, rights and duties of the controlling personnel. and recipients of the control reports, which shall be followed in the development of the control functions referred to in the previous paragraph.

The Financial Institutions of the Local Entities shall transmit annually to the General Administration of the State Administration a summary report of the results of the aforementioned controls carried out in each financial year, within the time limit and with the content to be laid down in the rules set out in the preceding paragraph. '

Three. Article 218 is worded as follows:

" Article 218. Report on discrepancies resolution.

1. The financial organ shall report to the plenary session of all the resolutions adopted by the President of the Local Entity contrary to the objections made, as well as a summary of the main anomalies detected in the field of revenue. This report shall cover only aspects and tasks of the exercise of the audit function, without including issues of opportunity or appropriateness of the actions to be carried out.

The content of this section will be an independent item on the agenda of the corresponding plenary session.

The President of the Corporation may present in the plenary the supporting report of his performance.

2. Without prejudice to the foregoing, where there are discrepancies, the President of the Local Entity may raise his/her decision to the competent control body on the basis of the matter of the Administration that has been assigned the financial protection.

3. The financial organ shall forward annually to the Court of Auditors all the resolutions and agreements adopted by the President of the Local Entity and by the Assembly of the Corporation contrary to the objections raised, as well as a summary of the Major anomalies detected in terms of revenue. The documentation shall accompany, where appropriate, the supporting reports submitted by the local Corporation. "

Four. The additional eighth provision, which is worded as follows, is amended:

" Additional disposal octave. Basque foral regime.

1. The Historical Territories of the Basque Country will continue to retain its special scheme in the field of municipal matters in respect of the economic and financial system in the terms of the Law of the Economic Concert, without this being able to mean a level of (a) the autonomy of the local Basque corporations less than that of the other local authorities, without prejudice to the application of the provisions of Law 7/1985 of 2 April, regulating the bases of the Local Regime, and of the powers that This may be the case for the Autonomous Community.

The Basque institutions may, in their respective fields of competence, assign powers as their own to the municipalities of their respective territories, subject, in any case, to the criteria set out in paragraphs 3, 4 and 5 of Article 25 of Law 7/1985, of 2 April, regulating the Bases of the Local Regime.

2. In accordance with the third final provision of the Organic Law 2/2012 of 27 April, of budgetary stability and financial sustainability, and of the subrogatory clause provided for in article 48 fifth of the Law of the Economic Concert with the The Basque Country, the Historical Territories shall receive the reports referred to in Articles 193a and 218 of this Law. In addition, the competent authorities of the local authorities of the Basque Country shall also forward to the Basque Court of Public Accounts, without prejudice to the powers conferred on the Court of Auditors, the reports referred to in Article 218. of this Law.

3. In accordance with the Organic Law 2/2012 of 27 April, and of the subrogatory clause provided for in Article 48 5 of the Law of the Economic Concert with the Basque Country, the Foral Diputations in their respective territorial areas will be competent to formalize agreements with the Local Entities to strengthen the autonomy and effectiveness of the organs responsible for the internal control and control of the economic-financial, accounting and budgetary management of the aforementioned Entities Local. "

Five. A new 15th additional disposition is added with the following content:

" Additional Disposition 15th. Integrated or coordinated management of services.

When the Diputación or equivalent entity accredits in a report that the agreement of two or more municipalities for the integrated management of all the municipal services that are coincident entails a saving of at least 10% respect the total effective cost incurred by each municipality separately, the weighting coefficient to be applied to each municipality in accordance with Article 124.1 of the recast of the Local Government Law Regulatory Law, increase by 0.04. For each financial year, the application of this rule shall not result in a total amount higher than that resulting from the provisions of Article 123 of the recast of the Local Government Law Regulatory Law. "

Additional disposition first. Regime applicable to the Autonomous Community of the Basque Country.

1. This Law shall apply to the Autonomous Community of the Basque Country in the terms laid down in Article 149.1.14. and 18. and the first additional provision of the Constitution, without prejudice to the particularities resulting from the Organic Law 3/1979, December 18, approving the Statute of Autonomy for the Basque Country, of the final provision of the third of the Organic Law 2/2012, of 27 April, of budgetary stability and financial sustainability, and of the other rules that update the historical rights of the foral territories. In its application, and without prejudice to the powers of coordination and protection which correspond to them, the competence to decide on the form of provision of services referred to in Article 26.2 of the Law on Local Conditions The following shall be the responsibility of the local authorities concerned.

2. The methodology for assessing the cost of the services transferred in the matters set out in the Additional 15th and in the first, second and third transitional provisions shall be carried out by the competent institutions of the Autonomous Community of the Basque Country, taking into account the guidelines and principles established by the Ministry of Finance and Public Administrations.

Additional provision second. Regime applicable to the Community of Navarre.

1. This Law shall apply to the Community of Navarre in the terms laid down in Article 149.1.14. and 18. the first and the first provision of the Constitution, without prejudice to the particularities resulting from the Organic Law 13/1982, of 10 August, of Reintegration and Improvement of the Foral Regime of Navarra, and of the final disposition third of the Organic Law 2/2012, of April 27, of budgetary stability and financial sustainability. In its application, and without prejudice to the powers of coordination and protection which correspond to them, the competence to decide on the form of provision of services referred to in Article 26.2 of the Law on Local Conditions shall be the responsibility of the Community of Navarre.

2. The Autonomous Community of Navarre may, in its field of competence, assign powers as its own to the municipalities of its territory as well as the rest of the Local Entities of Navarra, subject in any case to the criteria laid down in the Article 25 (3), (4) and (5) of the Law on Local Regime Bases.

3. The functions which Articles 7.4 and 26.2 of this Law attribute to the Administration exercising the financial protection, shall correspond to the Community of Navarra, in accordance with the provisions of the seventh additional provision of the Convention. Economic between the State and the Community of Navarre, approved by Law 25/2003, of July 15.

4. In accordance with the Organic Law 2/2012 of 27 April, of budgetary stability and financial sustainability and with the additional provision seventh of Law 25/2003, of July 15, the Community of Navarra will also receive the reports issued, in compliance with the basic regulations, by the financial institutions of the Local Entities of Navarra, for immediate referral to the Ministry of Finance and Public Administrations. Likewise, the financial bodies of the Local Authorities of Navarra shall also forward this information to the Chamber of Compits, without prejudice to the powers conferred on the Court of Auditors.

5. In accordance with the provisions of Article 116 b of the Law on Local Conditions, the Autonomous Community of Navarre shall develop the criteria for calculating the effective cost of the services provided by the Local Authorities of Navarre, receiving the communication of this cost.

6. Within the framework of the objectives of budgetary stability and under the powers recognised in Navarre, referred to in the first point of this provision, the Community of Navarre shall determine the total ceilings for the of all the remuneration and assistance of the members of the Local Corporations, the staff and the rest of the staff at the service of the same and its public sector. The determination of such remuneration shall comply with the principles and structure established, where appropriate, by state law.

Additional provision third. Regional powers in the field of local governance.

1. The provisions of this Law apply to all Autonomous Communities, without prejudice to their exclusive powers in matters of local regime assumed in their Statutes of Autonomy, in the framework of the basic state regulations and with strict the principles of budgetary stability, financial sustainability and the rationalisation of administrative structures.

2. In the case of the Autonomous Communities with an institutional system of their own, the references of this Law to the Provincial Diputations shall be construed as being made to the supramuncipales local authorities provided for in the corresponding Statutes of Autonomy to which powers are conferred on assistance and cooperation to the municipalities and provision of local public services.

3. The application of this Law in the Autonomous Community of Aragon will be carried out taking into account the special arrangements for institutional organization provided for in its Statute of Autonomy in the field of local government, under which the Autonomous Community apply the powers provided for in this Law at the various levels of the administration, subject to the Constitution, the basic content of this Law and the principles of budgetary stability, financial sustainability and rationalisation of the administrative structures.

Additional provision fourth. Specialties of the cities of Ceuta and Melilla.

1. The organization and operation of the institutions of the Government of the cities of Ceuta and Melilla will be regulated in accordance with the provisions of the Organic Law 1/1995, of March 13, of the Statute of Autonomy of Ceuta, the Organic Law 2/1995, of 13 of March, of the Statute of Autonomy of Melilla and of the norms of development dictated by virtue of the regulatory authority of their respective Assemblies, not to be governed, in the cited scope, by the provisions of the local regime.

2. It is up to the cities of Ceuta and Melilla, in the framework of the Organic Laws 1/1995 and 2/1995, of 13 March, and of the regulations laid down in their development, to determine the form of management of the public services with respect to the principles of budgetary stability, financial sustainability, pluriannuality, transparency, accountability, institutional loyalty and effectiveness in the use of public resources, in accordance with the provisions of this Law and other regulations State that results from application to the Cities with Autonomy Statute.

3. In the field of the competences listed in Articles 21 and 22 of the aforementioned Organic Laws 1/1995 and 2/1995, of 13 March, where there is no specific state sector legislation, the Assemblies of Ceuta and Melilla, in exercise of their powers (a) the laws, regulations, regulations, regulations, regulations, regulations, regulations, regulations, regulations, regulations, regulations, regulations, regulations, regulations, regulations, regulations, regulations, regulations, regulations, regulations, regulations, regulations, regulations, regulations, regulations, regulations and regulations damage or the danger caused. Penalties which may be imposed by the commission on infringing conduct may consist of fines or prohibitions, for reasonable and proportionate time, or for the exercise of activities, including those authorised or communicated, or for access to equipment, infrastructure and facilities.

With regard to the powers of the local regime attributed to the cities by Article 25 of their respective Statutes, provided that it is a question of guaranteeing the proper management of the relations of coexistence and the use of the services, equipment, infrastructure, facilities and public spaces, the Ceuta and Melilla Assemblies will be able to criminalize infringements and impose sanctions in the terms of Title XI of Law 7/1985, of April 2, regulatory of the Bases of the Local Regime.

4. The cities of Ceuta and Melilla may carry out cooperation activities in relation to matters that fall within the competence of the State, by subscribing to this effect the relevant Collaboration Agreements. Likewise, both Cities and the General Administration of the State may conclude agreements of collaboration relating to the statutory powers assumed under the respective Statutes of Autonomy, in accordance with the provisions of the provision Additional fourteenth of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

5. The rules of general effectiveness laid down by the Assemblies of Ceuta and Melilla, in the exercise of the regulatory powers which they have for the development of the powers provided for in Article 21 (1) of the Organic Laws 1/1995 and 2/1995, of 13 March, of Statutes of Autonomy, in accordance with the provisions of paragraph 2 of the same precept, will be carried out in the terms established in the general legislation of the State, without the need for a specific state rule prior.

Additional provision fifth. Special schemes in Madrid and Barcelona.

The provisions of this Law are applicable to the municipalities of Madrid and Barcelona, without prejudice to the particularities of their specific legislation and strictly subject to the principles of budgetary stability and financial sustainability.

Additional provision sixth. Comarcas.

The provisions of this Law will be applied in compliance with the regional organization in those Autonomous Communities whose statutes of autonomy are expressly attributed to the management of supra-municipal services.

Additional provision seventh. Collaboration with local interventions.

1. The General Intervention of the State Administration may assume, prior to the formalization of the appropriate agreement with the Local Authority concerned, the performance of support actions aimed at strengthening the autonomy and effectiveness of the organs responsible for the internal control and control of economic, accounting and budgetary management in the area of Local Entities.

2. The agreement shall provide for the economic consideration to be provided by the Local Entity to the State and which may result in a credit generation in accordance with the provisions of the budgetary legislation.

3. Under the agreement referred to in paragraph 1, the General Intervention may entrust the performance of such technical support actions to the Delegated, Regional or Territorial Intervention that is determined in each case.

Additional disposition octave. Compliance with tax obligations in respect of real property of Social Security transferred to other Public Administrations.

In the case of non-compliance with the provisions of Article 81.1.d) of the recast text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994 of 20 June, concerning the obligation to assume by subrogation the payment of the tax obligations affecting the immovable property of the social security estate which are listed or transferred to other public administrations or to entities governed by public law with personality In the case of the Commission, the Commission has taken the necessary measures to ensure that the Social security shall inform the Ministry of Finance and Public Administration of such non-compliance as soon as it becomes aware of it, for the purposes of the retention of the resources to the subject obliged to deal with such payments on the terms in which it is legally established.

Additional provision ninth. Conventions on the exercise of municipal powers and services.

1. The agreements, agreements and other instruments of cooperation already signed, at the time of the entry into force of this Law, by the State and the Autonomous Communities with all kinds of Local Entities, which carry out any type of financing intended to cover the exercise by the latter of delegated powers or powers other than those listed in Articles 25 and 27 of Law No 7/1985 of 2 April, Regulation (EEC) No Bases of the Local Regime, must be adapted to the provided for in this Law at 31 December 2014. After this deadline has not been adapted, no effect will be left.

2. The adaptation to the provisions of this Law of the instruments of cooperation signed by the Local Entities for the operation of the Associated Centers of the National University of Distance Education must be carried out within three years. from its entry into force. During the period of adaptation of the cooperation instruments, the funding of local authorities to the partner institutions shall not be extended to the academic services provided to students who are registered after entry. in force of this Law.

Additional provision 10th. Collaboration agreements between the State and Local Entities.

The collaboration agreements that the State holds with the Local Entities for obtaining and maintaining the information that it must supply to them for the application of the local taxes will be regulated by the provisions of its specific rules. Such agreements, which may be concluded under the responsibility of management, delegation of powers or mixed, shall not entail the transfer of material or personal means, nor economic consideration of any kind between the parties to the agreement. how much they can improve the tax collection of the Local Entities that subscribe to them.

Additional provision eleventh. Compensation of debts between administrations for the assumption of services and competences.

The assumption of the services and competences referred to in the first and second transitional provisions, in their respective secs, the Autonomous Communities, with reference to each municipality of its scope The Ministry of Finance and Public Administrations, together with the amount of the obligations that have been recognized pending payment to the municipalities, to the object of the realization, in the terms that I know (a) to determine the compensation between the rights and obligations reciprocal, and the subsequent income of the resulting balance in favour of the Public Administration to which it corresponds, and, where appropriate, recovery by application of holds in the system of financing of the Public Administration that results debtor.

Additional disposition twelfth. Information on financial protection.

The Autonomous Communities with powers in matters of financial protection will publish quarterly, through their respective web portals, a comprehensive report of the documentation, reports, acts, resolutions and requests submitted by the Local Authorities in compliance with those powers of financial protection, as well as the resolutions adopted by the Autonomous Community.

This report and these resolutions will also be communicated to the Ministry of Finance and Public Administrations.

Additional disposition thirteenth. Consortia constituted for the provision of minimum services.

The staff at the service of the consortiums constituted, before the entry into force of this Law, that they provide minimum services as referred to in article 26 of Law 7/1985, of April 2, regulating the bases of Regime Local, may be integrated by those who are not official or labour personnel from a reallocation of the positions of the Administrations participating in the consortium.

Additional disposition fourteenth. Special legal regime for certain consortia.

As provided for in the additional 20th of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, it will not be applicable to the consortia, constituted before the entry into force of this Law, which: do not have the consideration of Public Administration for the purposes of the European System of Accounts, are participated by Local Entities and private entities, are not incourses in losses during two consecutive years and do not receive or receive grants from the Administrations Public in the five exercises prior to the entry into force of this Law, regardless of the contributions to which the consorcated entities are obliged. These consortia, as long as all the above mentioned conditions are maintained, will be governed by the provisions of their respective Statutes.

Additional provision 15th. Assumption by the Autonomous Communities of skills related to education.

The rules governing the financing system of the Autonomous Communities and local farms shall set out the terms in which the Autonomous Communities shall take ownership of the powers provided for as own of the Municipality, even if they have been exercised by them, by Provincial Diputations or equivalent entities, or by any other Local Entity, concerning participation in the supervision of the observance of compulsory education and cooperation with the Corresponding educational administrations in obtaining the solar necessary for the construction of new teaching centres, as well as the preservation, maintenance and monitoring of local ownership buildings for public children's education, primary education or special education centres, for which the relevant transfer of economic, material and personal means will be envisaged.

Additional provision sixteenth. Lobbyists and Insular Councils.

1. The application of this Law to the Canary Island Cabildos will be carried out in the terms provided for in its specific legislation and with strict adherence to the principles of budgetary stability and financial sustainability.

2. The application of this Law to the Island Councils of the Balearic Islands will be carried out in the terms provided for in its specific legislation and with strict adherence to the principles of budgetary stability and financial sustainability.

Additional 17th disposition. Opening of places of worship.

For the opening of places of worship, churches, confessions or religious communities shall be required to establish their civil legal personality by means of a certificate of the Registry of Religious Entities, issued for the purpose, in which it shall consist the location of the place of worship to be constituted. Obtained that certification, its processing will be in accordance with the provisions of article 84.1.c) of Law 7/1985, of April 2, regulating the Bases of the Local Regime, without prejudice to the collection of the corresponding urban license.

First transient disposition. Assumption by the Autonomous Communities of the competences relating to health.

1. Following the entry into force of this Law, in accordance with the rules governing the system of autonomous financing and local farms, the Autonomous Communities shall take ownership of the powers which were provided for in the Municipality, regarding participation in the management of primary health care.

The Autonomous Communities shall take ownership of these powers, irrespective of whether their exercise has been carried out by Municipalities, Provincial Diputations or equivalent entities, or any other Entity Local.

2. Within a maximum of five years after the entry into force of this Law, the Autonomous Communities shall progressively assume, by twenty per cent a year, the management of the services associated with the health powers referred to in paragraph 1. previous.

To these effects the Autonomous Community will develop a plan for the evaluation and restructuring of services.

3. In any event, the management by the Autonomous Communities of the services referred to above may not entail increased expenditure for the whole of the Public Administrations.

4. The provisions of the foregoing paragraphs are without prejudice to the possibility of the Autonomous Communities to delegate those powers to the Municipalities, Provincial Councils or equivalent entities in accordance with Article 27 of the Treaty. Law 7/1985, of 2 April, regulating the Bases of the Local Regime.

5. In accordance with the terms of paragraph 1, and in accordance with the rules governing the financing system of the Autonomous Communities and Local Government, each year, within the five-year period referred to above, without the Autonomous Communities having assumed the development of twenty per cent of the services provided for in this provision or, where appropriate, have agreed to their delegation, the services will continue to be provided by the municipality, Provincial Council or the equivalent entity with the Autonomous Community. If the Autonomous Community does not transfer the precise amounts for this purpose, deductions shall be applied to the transfers corresponding to them by application of its financing system, taking into account the provisions of its regulatory regulations.

Second transient disposition. Assumption by the Autonomous Communities of the competences relating to social services.

1. By 31 December 2015, in accordance with the terms laid down in the rules governing the system of autonomous financing and local farms, the Autonomous Communities shall take ownership of the powers which were provided for as their own of the Municipality, relating to the provision of social services and social promotion and reinsertion.

The Autonomous Communities shall take ownership of these powers, irrespective of whether their exercise has been carried out by Municipalities, Provincial Diputations or equivalent entities, or any other Entity Local.

2. Within the maximum period laid down in the previous paragraph, and after drawing up a plan for the evaluation, restructuring and implementation of the services, the Autonomous Communities, in the field of their powers, will have to take up the immediate of such benefit.

3. In any event, the management by the Autonomous Communities of the services referred to above may not entail increased expenditure for the whole of the Public Administrations.

4. The provisions of the foregoing paragraphs are without prejudice to the possibility of the Autonomous Communities to delegate those powers to the Municipalities, Provincial Councils or equivalent entities in accordance with Article 27 of the Treaty. Law 7/1985, of 2 April, regulating the Bases of the Local Regime.

5. If on the date referred to in paragraph 1 of this provision, in the terms laid down in the rules governing the financing system of the Autonomous Communities and Local Government, the Autonomous Communities have not taken up the development of the services of their competence provided by the Municipalities, Provincial Diputations or equivalent entities, Local Entities, or if any, they have not agreed their delegation, the services will continue to be provided by the municipality with The Autonomous Community. If the Autonomous Community does not transfer the precise amounts for this purpose, deductions shall be applied to the transfers corresponding to them by application of its financing system, taking into account the provisions of its regulatory regulations.

Transitional provision third. Health inspection services.

Within six months of the entry into force of this Law, the Autonomous Communities will provide services related to the inspection and control of slaughterhouses, food and beverage industries up to that time. The municipalities should be provided.

Transitional disposition fourth. Dissolution of entities with territorial scope lower than the Municipality.

1. Entities with a territorial scope lower than the Municipality existing at the time of the entry into force of this Law shall maintain their legal personality and the status of Local Entity.

2. With a date of 31 December 2014, entities with a territorial scope lower than the Municipality shall submit their accounts to the corresponding agencies of the State and the respective Autonomous Community so as not to incur dissolution.

3. The non-presentation of accounts by entities with a territorial scope lower than the Municipality before the corresponding agencies of the State and the respective Autonomous Community shall be the cause of dissolution. The dissolution shall be agreed upon by Decree of the governing body of the respective Autonomous Community, in which it may be determined its maintenance as a form of an unconcentrated organization.

The dissolution in any case will entail:

(a) That the staff who are at the service of the dissolved entity shall be incorporated in the Town Hall in whose territorial scope it is integrated.

(b) That the City Council of which the lower territorial entity depends on the municipality is subrogated in all its rights and obligations.

Transient disposition fifth. Entities with a territorial scope lower than the municipality in formation.

The core of the population that before 1 January 2013 would have initiated the procedure for its constitution as an entity with a territorial scope lower than the Municipality, once it is constituted, will do so with legal personality. and under the condition of Local Entity and shall be governed by the provisions of the corresponding autonomic legislation.

Transitional disposition sixth. Transitional arrangements for consortia.

Consortia that were already created at the time of the entry into force of this Law will have to adapt their statutes to what is foreseen within one year from the entry into force of this Law.

If this adaptation resulted in a change in the legal regime applicable to the staff at its service or in its budgetary, accounting or control system, this new regime will apply from 1 January of the year next.

Transitional disposition seventh. Transitional arrangements for local government officials with a state rating.

As long as the Regulation provided for in Article 92a of Law 7/1985, of April 2, regulating the Local Regime Bases does not enter into force, and in all that it does not oppose the provisions of this Law, it maintains its validity. regulatory rules concerning officials falling within the scope of that Article.

The administrative procedures referred to local government officials with a state rating initiated prior to the entry into force of this Law will continue their processing and will be resolved in accordance with the with the regulations in force at the time of initiation.

References to the Scale of State-Enablement Officials shall be construed as being made on the Scale of Local Government Officials with National Enablement.

Transient disposition octave. Transitional arrangements for the management staff of the Diputations, Cabildos and Insular Councils.

The regime provided for in Article 32a of Law 7/1985, of April 2, regulating the Bases of the Local Regime shall apply to appointments that occur after the entry into force of this Law.

transient disposition ninth. Transitional arrangements for the Directors-General of Local Entities.

As provided for in the third paragraph of Article 130 of Law 7/1985, of April 2, Regulatory of the Bases of the Local Regime will be applicable to the appointments that occur after the entry into force of the Law.

Transient disposition tenth. Application of the limitations regarding the number of eventual staff and public charges with exclusive dedication.

1. Local Entities that meet the objectives of budgetary stability and public debt, and in addition their average period of payment to the suppliers does not exceed the maximum expected deadline of the rules of late payment in more than 30 days, will not apply them, on an exceptional basis, the limits provided for in Articles 75a and Tb and 104a of Law 7/1985 of 2 April, regulating the Bases of the Local Regime until 30 June 2015.

2. Compliance with the requirements set out in the previous paragraph shall be verified by the General Secretariat of the Autonomous and Local Coordination of the Ministry of Finance and Public Administrations, which, by virtue of the information communicated by the Local entities to the said Ministry shall publish a list of Local Entities that meet the requirements of the previous paragraph.

3. The derogation provided for in this provision may apply to Local Entities which comply with the requirements referred to in the first paragraph at the time of the entry into force of this Law and their application shall be maintained until 30 June 2015. as long as they continue to meet the above requirements.

4. In no case, the Local Entities in which the requirements referred to in this provision are met, may increase the total number of positions of eventual staff or public posts with exclusive dedication to the one who were available at 31 December 2012.

Transient disposition eleventh. Municipalities of municipalities.

Within six months of the entry into force of this Law, the municipalities of municipalities will have to adapt their statutes to the provisions of Article 44 of Law 7/1985, of April 2, regulating the Bases of Regime. Local, so as not to incur dissolution.

The competencies of the municipalities of municipalities will be geared exclusively to the construction of works and the provision of public services that are necessary for the municipalities to exercise their powers or to provide the services listed in Articles 25 and 26 of Law 7/1985 of 2 April, regulating the Local System Bases.

The file for dissolution will be initiated and resolved by the Governing Body of the Autonomous Community, and in any case will entail:

(a) That the staff who are at the service of the dissolved commonwealth shall be incorporated into the Local Entities that shall be part of it in accordance with the provisions of its statutes.

b) Local Entities that will be part of the dissolved commonwealth are subrogated in all their rights and obligations.

Repeal provision. Regulatory repeal.

The entry into force of this Law is repealed as many provisions of equal or lower rank are opposed to or contradicted by it. In particular, the second additional provision and the seventh transitional provision of Law 7/2007, of 12 April, of the Basic Staff Regulations, are repealed.

Final disposition first. Amendment of the Royal Legislative Decree 781/1986 of 18 April, approving the recast text of the Legal Provisions in force in the field of Local Regime.

The second paragraph of Article 97 of the recast text of the Legal Provisions in force in the field of Local Regime, approved by the Royal Legislative Decree 781/1986 of 18 April, which is drawn up in the following terms:

" 2. For the effective execution under monopoly of the activities reserved in accordance with the provisions of article 86.2 of Law 7/1985, of April 2, Regulatory of the Bases of Local Regime, the fulfillment of the formalities will be required provided for in the preceding number referred to the convenience of the monopoly regime and the corresponding competition authority is to be informed, but the agreement referred to in paragraph (d) shall be chosen by an absolute majority of the number legal members of the Corporation.

The Corporation's agreement will be completed, the complete file will be submitted to the competent authority of the Autonomous Community. The Governing Council of the latter shall decide on its approval within three months.

If an opinion is requested from the State Council or the higher advisory body of the Governing Council of the Autonomous Community, where it exists, the time spent on evacuating the consultation shall not be computed. "

Final disposition second. Amendment of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure is amended to include a new additional provision, the 20th, with the following wording:

" Additional Disposition 20th. Legal status of consortia.

1. The statutes of each consortium shall determine the public administration to which it shall be attached, as well as its organic, functional and financial arrangements as provided for in the following paragraphs.

2. In accordance with the following priority criteria, referring to the situation on the first day of the financial year, the consortium shall be assigned, in each financial year and for this period, to the public administration which:

a) Dispose of the majority of votes in the governing bodies.

b) Have the powers to appoint or remove the majority of the members of the executive bodies.

c) Have the powers to appoint or remove the majority of the members of the management staff.

d) Dispose greater control over the activity of the consortium due to special regulations.

e) Have the powers to appoint or remove the majority of the members of the governing body.

(f) Financing by more than 50% or, failing that, to a greater extent the activity developed by the consortium, taking into account both the contribution of the equity fund and the funding granted each year.

g) Ostend the largest percentage of equity in the wealth fund.

h) Have a greater number of inhabitants or territorial extension depending on whether the purposes defined in the statute are oriented to the provision of services, to the people, or to the development of actions on the territory.

3. In the event that private non-profit entities participate in the consortium, the consortium shall in any event be attached to the public administration which is in accordance with the criteria set out in the previous paragraph.

4. The consortia shall be subject to the system of budgeting, accounting and control of the public administration to which they are attached, without prejudice to their subjection to the provisions of the Organic Law 2/2012 of 27 April of Stability Budget and Financial Sustainability. In any event, an audit of the annual accounts shall be carried out which shall be the responsibility of the control body of the Administration to which the consortium has been assigned. The consortia must be part of the budgets and be included in the general account of the public administration.

5. The staff at the service of the consortia may be an official or an employed person solely from a reallocation of posts of the participating administrations, their legal status being that of the public administration and their remuneration under no circumstances may exceed those laid down for equivalent jobs in that case. '

Final disposition third. Amendment of Law 2/2011 of 4 March on Sustainable Economy.

Article 36 (1) of Law 2/2011 of 4 March 2011 on Sustainable Economy is amended as follows:

" 1. In the event that the Local Entities do not comply with the obligation to send to the Ministry of Finance and Public Administrations all the information regarding the liquidation of their respective budgets for each financial year, according to established in article 193.5 of the recast text of the Local Government Law Regulatory Law, approved by the Royal Legislative Decree of March 5, the General Secretariat for Autonomous and Local Coordination, will proceed to retain from the the month of June of the financial year following that of the liquidation, and until the end of the regularisation of the said referral, as well as the settlement of the financial years to which this rule applies, the amount of the deliveries to be made and, where appropriate, advances and final liquidations of the participation in the the taxes of the State concerned.

Also, in the event that the Local Entities fail to comply with the obligation to refer to the Court of Auditors the information referred to in Article 212.5 of the recast of the Local Government Law Regulatory Law, approved by the Royal Legislative Decree No 2/2004 of 5 March, the amount of the deliveries to account and, where appropriate, advances and final settlements of the participation in the taxes of the State that corresponds to them, and until it is considers that such a referral obligation is fulfilled. In order for the previous retention or suspension of the holding to be carried out, a communication from the Court of Auditors to the General Secretariat for Autonomous and Local Coordination may be required.

For these purposes, the resulting amount will be withheld, once practiced, if applicable, the refunds and refunds of the advances regulated in the General Budget Laws of the State, as well as the retentions. referred to in the fourth additional provision of the abovementioned recast text. '

Final disposition fourth. Amendment of the Royal Legislative Decree of 20 June, approving the recast text of the Law of Soil.

A new paragraph 5 is incorporated in Article 39 with the following wording:

" 5. By way of exception, municipalities which have a public property on the soil may be used to reduce the commercial and financial debt of the City Council, provided that all of the following requirements are met:

a) Have approved the Local Entity's budget of the current year and liquidated those of the previous years.

b) Have the Land Registry of the soil properly updated.

c) That the municipal budget correctly accounts for the municipal land assets.

(d) There is an Agreement of the Local Corporation in which it is justified that it is not necessary to dedicate these quantities to the own ends of the public patrimony of the soil and that they will be used for the reduction of the debt of the the Local Corporation, indicating how they will be returned.

e) That the prior authorization of the body exercising the financial protection has been obtained.

The amount that is available must be replenished by the Local Corporation, within a maximum period of ten years, in accordance with the annuities and percentages fixed by the Plenary Agreement for the return to the municipal patrimony of the floor of the quantities used.

In addition, the budgets for the financial years following the adoption of the Agreement shall be collected, in accordance with current revenue, with the annuities referred to in the preceding paragraph. "

Final disposition fifth. Competence title.

This Law is issued under the jurisdiction of the jurisdiction of paragraphs 14 and 18 of Article 149.1 of the Constitution.

Final disposition sixth. Entry into force.

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

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, December 27, 2013.

JOHN CARLOS R.

The President of the Government,

MARIANO RAJOY BREY