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Real Decree 496/1987, Of 18 March, Which Approves The Regulations Of The Law 23/1982, Of 16 June, Regulating The National Heritage.

Original Language Title: Real Decreto 496/1987, de 18 de marzo, por el que se aprueba el Reglamento de la Ley 23/1982, de 16 de junio, reguladora del Patrimonio Nacional.

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TEXT

This Royal Decree approves the Regulation that develops and implements Law 23/1982, of June 16, the National Heritage Regulatory, in accordance with the provisions of its final disposition.

The Regulation, in order to regulate the legal nature, as well as the objective, subjective and functioning elements of the National Heritage, is structured in the following titles: General provisions (Title I); Legal regime for the property and rights of the National Heritage (Title II); the system of visits to the property of the National Heritage (Title III); the legal regime of the rights of Patronato or Government and the administration of the Royals Patronages (Title IV); of the contracting regime (Title V), and of the organization of the Heritage National (Title VI).

Likewise, and in compliance with the legislative mandate, the Regulation develops the principles contained in the Law, especially those aspects related to the projection of the property and rights of the National Heritage. in the world of culture, science, art and teaching, as soon as they are compatible with the affectation of these to the use and service of the King and the Royal Family, for the exercise of the high representation that the Constitution and the Laws attribute.

In its virtue, prior to the favorable report of the Board of Directors of the National Heritage, on the proposal of the Minister of Relations with the Courts and the Secretariat of the Government, according to the Council of State and previous Discussion of the Council of Ministers at its meeting on 18 March 1987,

DISPONGO:

Single item.

The Regulation of Law 23/1982 of 16 June, the National Heritage Regulation, is hereby approved, the text of which is inserted below.

Given in Madrid to March 18, 1987.

JOHN CARLOS R.

The Minister of Relations with the Courts and the Government Secretariat,

VIRGILIO ZAPATERO GOMEZ

REGULATION OF THE LAW 23/1982, JUNE 16, NATIONAL HERITAGE REGULATOR

TITLE FIRST

General provisions

Article 1. º

The National Heritage Board is set up as a public law entity in the terms established by the National Heritage Law.

Article 2. º

The address of the National Heritage Management Board will, for all purposes, be in Madrid.

Item 3.

They have the legal status of National Heritage assets, those movable or immovable property of the State affected to the use and service of the King and the members of the Royal Family for the exercise of the discharge representation that the Constitution and the Laws attribute to them.

In addition, the rights and burdens of the Patronate on the Foundations and Royal Patronates referred to in its Regulatory Law are integrated into the Heritage Site.

Article 4. º

1. The National Heritage includes the following assets and rights:

a) The Royal Palace of the East and the Campo del Moro Park.

b) The Royal Palace of Aranjuez and the Casita del Labrador, with its gardens and attached buildings.

c) The Royal Palace of San Lorenzo de El Escorial, the Palacete called La Casita del Príncipe, with its orchard and work grounds, and the so called "Casita de Araba", with the Houses of Crafts of the Queen and the Infants.

(d) The Royal Palaces of the Farm and of Riofrio and its annexes.

e) El Monte de El Pardo and the Palace of El Pardo, with the Casita del Principe. The Royal Palace of Zarzuela and the "La Quinta", with its palace and annexed buildings; the church of Our Lady of Carmen, the Convent of Christ and adjoining buildings.

f) The Almudaina Palace with its gardens, located in Palma de Mallorca.

g) State-owned movable property, contained in real palaces or deposited in other publicly owned buildings, set out in the inventory held by the Board of Directors of the Heritage National.

h) Donations made to the State through the King and other goods and rights affecting the use and service of the Crown.

2. For the exact delimitation of the goods listed in the first six letters of the previous paragraph, the perimeter fixed by the corresponding Decrees of declaration of historical-artistic ensemble will be addressed. In its absence, the criterion of preserving the unity of the monumental set will be followed.

It is understood by "Monte de El Pardo" the ground surface that, under this name, appears described in the plans of the National Geographic Institute.

Article 5.

The rights of the employer or the government and the administration on the following Foundations, known as Royal Patronates, are part of the National Heritage:

a) The Church and Convent of the Incarnation.

b) The Church and Hospital of the Good Event.

c) The Convent of the Royal Descalzas.

d) The Royal Basilica of Atocha.

e) The Church and College of St. Elizabeth.

f) The Church and College of Loreto, in Madrid, where they are also located in the preceding sections.

g) The Monastery of San Lorenzo de El Escorial, located in the town.

h) The Monastery of Las Huelgas, in Burgos.

i) The King's Hospital, located in that capital.

j) The Convent of Santa Clara, in Tordesillas.

k) The Convent of San Pascual, in Aranjuez.

l) The Copatronato of the College of Donels Nobles, in Toledo. (Article 5, National Heritage Act.)

TITLE II

From the legal regime of the property and rights of the National Heritage

CHAPTER I

General provisions

Article 6.

The assets and rights integrated into the National Heritage will be inalienable, imprescriptible and unembargable, and, in general, will enjoy the prerogatives of the state's public domain.

Item 7.

The property and rights of the National Heritage will enjoy the same regime of tax exemptions as state public domain goods.

Article 8. º

In relation to the assets and rights of the National Heritage, the Board of Directors may be interested in the Ministry of Economy and Finance for the exercise of the following prerogatives:

a) The prerogative of recovery from improperly lost possession.

(b) The prerogative of the investigation of the situation of the goods and rights that are presumed to be members of the National Heritage, in order to determine, when it is not the case, the ownership of the State.

(c) The prerogative of the administrative department for the property, without prejudice to the provisions of Article 4.2 of this Regulation.

Article 9. º

1. The property and rights integrated in the National Heritage must be entered in the Land Registry as State ownership.

2. Prior to the presentation in the Register of Property of the titles for the registration of the property and rights of the National Heritage, you will hear the Legal Service of the Public Ente.

3. Where the National Heritage has no domain name, the goods or goods in question may be registered under the provisions of Articles 206 of the Mortgage Law and 303 to 307 of their Rules of Procedure, serving the same purpose. certification issued by the National Heritage Manager.

Article 10.

The National Heritage Board will be able to obtain from the public authorities the precise information to know the situation in which certain goods are located, in order to promote their incorporation into the National patrimony when they could affect the use or service of the King and the Royal Family for the exercise of the high representation that the Constitution and the Laws attribute to them.

Article 11.

1. In all matters relating to the legal status of goods and rights not covered by this Regulation, the State Heritage legislation shall be applied in an additional manner.

2. Property that has value or historical-artistic character will also apply to the legislation on Historical Heritage.

CHAPTER II

From the General Inventory of National Heritage and Property Rights

Article 12.

The general inventory of the assets and rights of the National Heritage will be formed, maintaining due coordination with the General Directorate of the State Heritage, grouping them in the following headings:

a) Infurniture.

b) Real property rights.

e) Furniture of historical character or artistic value.

d) Vehicles.

e) Semovientes.

f) Goods and rights not included in the preceding paragraphs.

The review of the goods and rights shall be carried out with correlative numbering within each heading.

Article 13.

1. A National Heritage Inventory Commission shall be constituted as part of the National Heritage representatives appointed by the Board of Directors, as well as those of the State Administration which by Order of the Minister of Relations with the Courts and the Secretariat of Government shall be determined.

2. The inventory drawn up by the Commission, once submitted to the Management Board, shall be submitted to the Government for approval by the Minister for Relations with the Courts and the Government Secretariat.

3. Amendments to be made to the inventory shall be carried out by the National Heritage services and, on an annual basis, after approval by the Council, the proposal for rectification, as appropriate, shall be submitted to the Government.

4. The Council shall make the inventory and its amendments available to the Royal Household.

Article 14.

1. The inventory of real estate shall, at least for each good, express the following data:

a) The name with which it is known.

b) Nature.

c) Situation, borders, and surface.

d) In buildings: Their characteristics, the state of conservation and exploitation and the incomes they produce.

e) On rustic farms, their use and the fruits and incomes they produce.

f) Actual rights, charges, or leases that would tax them.

g) Acquisition title, and

h) Enrollment data in the Property Registry.

In the relevant file, a plane of the building must be in place.

2. The Board of Directors of the National Heritage shall carry out the delimitation of the real estate, in accordance with the provisions of Article 4.2 of this Regulation and, if necessary, may be interested in the Ministry of Economy and Finance exercised from the unlinde faculty.

Article 15.

1. The inventory of the movable property of the National Heritage will comprise all those that the Law points out as members or as part of said Heritage, distinguishing precisely those found in the royal palaces of which they are deposited in other buildings.

2. The inventory of movable property of a historical or artistic value shall, at least for each good, express the following data:

a) Title, if any.

b) Description in order to facilitate your identification.

c) Historical-artistic data.

d) Conservation status, and

e) Place in which it is located.

The relevant file must also act as a photographic reproduction of the good in question.

Article 16.

The National Heritage Board shall set the data to be included in the general inventory with respect to the goods and rights referred to in the headings (d), (e) and (f) of Article 12 of this Regulation.

CHAPTER III

Of the affectation and disaffection of the goods and rights of the National Heritage

Article 17.

It is up to the Government, on a proposal from the National Heritage Management Board, to affect and disaffect the use and service of the Crown of movable and immovable property and rights. In no case may the movable or immovable property of historical-artistic value be disaffected.

Article 18.

1. The Board of Directors, when it considers it necessary to affect certain movable or immovable property other than those integrated in the National Heritage, shall be directed to the Ministry of Relations with the Courts and the Secretariat of the Government. expressing what these goods are and the reasons for the affectation.

2. The Board of Directors will proceed in the same way when dealing with the disaffection of the members of the National Heritage, expressing the reasons for the disaffection.

Article 19.

The Ministry of Relations with the Courts and the Government Secretariat will, if necessary, move the reasoned request for affectation or disaffection to the General Directorate of the State Heritage, which, in view of the the status of the goods, shall issue the appropriate report.

Article 20.

1. The affectation or disaffection of property and rights to the National Heritage will be agreed by the Council of Ministers through Royal Decree.

2. The representative appointed for the purpose by the National Heritage Management Board and the Finance Delegate of the province where they radiate the goods shall have an act of affectation or disaffection in which the contents of the document are to be recorded. in the corresponding Royal Decree. The minutes will be sent to the Ministries of Relations with the Courts and the Government Secretariat, and to the Economy and Finance Ministry, as well as to the National Heritage Management Board.

Article 21.

The affectation and disaffection of property and rights to the National Heritage shall be recorded in its inventory and shall be entered, where appropriate, in the Land Registry.

CHAPTER IV

The use and exploration of National Heritage assets and rights

Article 22.

The assets and rights of the National Heritage are primarily affected by the use and use of the King and the members of the Royal Family for the exercise of the high representation that the Constitution and the Laws attribute to them.

Article 23.

As soon as it is compatible with the affectation of the property of the National Heritage referred to in the previous article, the Board of Directors shall adopt the measures conducive to the use of the same for cultural purposes, scientists and teachers.

Article 24.

1. Cultural, scientific and teaching entities may be directed to the National Heritage Management Board, requesting the temporary use of the assets of the National Heritage Site for the purpose of the property.

2. The Board of Directors, in view of the applications received and taking into account the incidence of the intended use on the purposes of the National Heritage, shall decide on those applications. In any event, the reasoned decision of the Management Board shall be notified to the applicant.

Article 25.

1. The National Heritage Management Board may approve programs for the dissemination of historical and artistic values of the property of the National Heritage, aimed at promoting the access of all citizens to the knowledge of the same.

2. The Board of Directors may propose to cultural, scientific and teaching entities the use of the assets integrated in the National Heritage, provided that it is compatible with the purpose of affectation.

Article 26.

1. In the use of the property of the National Heritage it will be especially ensured for the protection of the environment and for the fulfillment of the ecological requirements in the lands it manages and, especially, in the Mount of the Pardo.

2. The Board of Directors of the National Heritage shall take the necessary measures for the proper use of the goods for such purposes and may at any time suspend its use by Entities or individuals when it notices that it may to cause deterioration or aggression to the environment or to environmental requirements.

Article 27.

It is for the Board of Directors to have the exploitation of the National Heritage members that are susceptible to profitable use, without prejudice to the purposes to which they are affected.

Article 28.

The exploitation of the assets of the National Heritage liable to be profitable shall require the prior opening of a file, in which the description of the goods or property of the holding concerned, with the expression of their economic characteristics; the various operating possibilities; an economic memory of profitability, and the form of exploitation deemed to be more appropriate than those provided for in the following Article.

Article 29.

1. The exploitation of the assets of the National Heritage eligible for profitable use shall take one of the following forms:

a) Exploitation by the Board of Directors itself.

b) Exploitation by any other public law entity, by convention.

c) Exploitation by individuals, by contract.

2. The Management Board shall, in the light of the circumstances contained in the file, decide on the form of exploitation.

Article 30.

If the Board of Directors decides that the holding is carried out by another public law entity, the corresponding agreement shall determine the conditions of the holding, including: the term and economic-financial regime of the holding, system of guarantees, control measures and rights and obligations specific to the parties.

Article 31.

If the Board of Directors decides that the holding will be carried out by individuals, whether natural or legal persons, it will establish the bases of the contract in advance, determining the conditions of the contract, with the necessary content for the conventions referred to in the previous Article, and the procurement rules provided for in this Regulation shall apply.

CHAPTER V

Of the conservation and deposit of National Heritage assets

Article 32.

The Board of Directors is responsible for the conservation, defense, and improvement of the property and rights of the National Heritage [article 8.2, a] of the National Heritage Law].

Article 33.

1. The Management Board shall adopt the necessary measures for the conservation of the assets of the National Heritage according to its nature and characteristics.

2. The National Heritage services may seek the assistance of the agents of the authority for the purposes of conservation.

Article 34.

1. Public authorities are obliged to assist in the defense, conservation and protection of the property of the National Heritage.

2. Public or private entities and, where appropriate, individuals who are in charge of the deposit, exploitation, conservation or restoration of national heritage assets are obliged to ensure their integrity and proper use.

Article 35.

Persons who witness acts of atentory against the property and rights of the National Heritage may, or shall be, if they are goods of historical-artistic value, make the appropriate denunciation before the Board of Directors of the National Heritage or any public authority, which shall immediately inform the Council thereof. This shall not entail the obligation to prove the facts reported, nor shall the complaint be made against the complainant other liability than that which corresponds to the offences or offences committed by him or his occasion.

Article 36.

The failure to comply with the provisions of the two previous articles will be punishable by criminal law, in accordance with the provisions of the Penal Code, or on the administrative basis, according to their case, with the provisions of the Law of the State patrimony or the Spanish Historical Heritage Law.

Article 37.

The restoration or repair of the property of the National Heritage will be a preferred task of the Board of Directors, which may be directly performed by means of its services, or by means of a contract with Entities or In this case, the procurement rules provided for in this Regulation shall apply.

Article 38.

1. The Board of Directors shall ensure in any event that the property belonging to the National Heritage is permanently in the state of serving the purposes for which it is affected.

2. The National Heritage Management Board will also ensure the full maintenance of the collections.

Article 39.

1. It is for the National Heritage Board to authorize the conclusion of contracts for the deposit of movable property of value or historical character, for exclusively cultural purposes or for the decorum of public buildings.

2. The contracts referred to in the preceding paragraph shall be of special administrative nature and shall be governed by the provisions of this Regulation, by their specific administrative rules and, failing that, by the rules of private law.

Article 40.

1. Applications for the formation of deposits must be addressed to the National Heritage Board, indicating the circumstances of the person concerned, the cultural or decorum intended purpose, the security measures and projected conservation and the expected duration.

2. In the light of the applications submitted, the Management Board shall decide on the award of the contract, subject to the opening of the relevant file, in which all the circumstances alleged and the impact of the contract shall be assessed. deposit on the purposes for which the goods subject to it are affected.

Article 41.

1. The National Heritage Management Board shall approve the basis for the deposit contracts referred to in the preceding Articles to be adjusted.

2. Such bases shall, inter alia, regulate the following:

(a) Duration of the contract, which in any event may not exceed two years.

b) Requirements to be collected by the receiving act of the movable object of deposit.

c) Guarantees regime.

(d) Conservation and security measures to be taken by the depositary.

e) Assured that the depositary must formalize a policy.

(f) Faculties of inspection by the Board of Directors on the goods subject to deposit.

g) Expense scheme derived from the preservation and display of the good.

h) Depository contract resolution causes.

Article 42.

Once the deposit contract has been concluded and formalized, the National Heritage Management Board will request the depositary to appoint a representative so that, with that appointed by the Council itself, they will sign the agreement. corresponding record of receipt of the goods in question. From this point of time, it shall begin to count the period of time provided for in the contract and the assumption by the depositary of its contractual obligations.

TITLE III

From the regime of visits to the property of the National Heritage

Article 43.

The real estate of the National Heritage and the Royal Patronates will be subject to a regime of visits analogous to that of the legislation on historical-artistic monuments (final disposition, Law of the Heritage National).

Article 44.

The real estate of the National Heritage and the Royal Patronates that have the status of monument, gardens, assemblies and historical sites, declared goods of cultural interest, can be visited publicly with at the principle of free access, without further limitations than those intended to ensure their compensation and conservation as well as the fulfilment of the purposes to which they are affected.

Article 45.

1. The National Heritage Management Board shall establish for each case the days and hours of visits, as well as the conditions and limitations to apply the principle of free access and to ensure the fulfilment of the purposes for which the goods are affected.

2. The visitation regime may be temporarily suspended when required by the use or service to which the goods are affected.

Article 46.

The Board of Directors will apply the principle of gratuitousness to the visits, in terms of days and hours analogous to those provided for in the legislation of the Historical Heritage and appropriate to the peculiarities of the goods of the National Heritage.

Article 47.

In campaigns aimed at promoting knowledge by citizens of the property of the National Heritage, information will be contained in the system of visits approved by the Board of Directors.

TITLE IV

From the legal regime of the rights of the Patronate or Government and the Administration of the Royal Patronates

Article 48.

It is for the National Heritage Management Board to exercise the administration of the Royal Patronates referred to in Article 5. of this Regulation.

Article 49.

The content of the rights of the employer will be determined in its founding clauses and, in the event of insufficiency, it will fully understand the powers of administration of the respective Foundations. (article 7.1, National Heritage Act).

Article 50.

The assets of the Foundations referred to in Article 5 of this Regulation, intended for the direct fulfilment of their respective purposes, shall enjoy the same tax exemptions as those of the State's public domain. (article 7.2, National Heritage Act).

Article 51.

In all the provisions of this Regulation regarding the administration, governance and exercise of the Protectorate on the Royal Patronates, the regulations on Private Cultural Foundations will apply.

Item 52.

When the Board of Directors of the National Heritage is a party to other members of the management or administration of a Royal Board, pursuant to the provisions of its Statute, it shall designate the person who represents.

Article 53.

1. The National Heritage Board may appoint one or more Delegates to the Royal Patronates, unless otherwise provided by the Statute.

2. Delegates to the Royal Patronates shall exercise the functions expressly delegated to them by the Board of Directors, which shall be entered in the relevant administrative register.

The approval of the accounts and the acts that exceed the ordinary management of the Foundation shall not be delegated.

Article 54.

In the exercise of the rights of administration of the Royal Patronates, the National Heritage Management Board must fulfill the will of the founder, maintain in good state of conservation and production the goods and values of the Foundation, and seek the sufficiency of economic resources derived from the income of their assets to serve the foundational purposes.

Article 55.

Each of the Royal Patronates will annually draw up a memory of the developed activities, which must contain sufficient information on the degree of compliance of the foundational object and which will be elevated to the Council of Administration of the National Heritage.

In turn, the Board of Directors will annually draw up a joint memory on the situation of the Royal Patronates, which will be elevated to the Protectorate of the Royal Patronates.

Article 56.

In the exercise of the powers of the Protectorate, the will of the founders and the perpetrators of legacies or donations made to the State, through the King, to any of the Royal Patronates.

Article 57.

The Protectorate, on a proposal from the National Heritage Management Board and after obtaining the opinion of the State Council, may agree to the modification, merger or extinction of the Royal Patronates when required by the best compliance with the founding purposes, or when the cases referred to in Article 39 of the Civil Code are met.

Article 58.

Correspond to the Board of Directors of the National Heritage the functions of the patronage and representation of the Foundation created by the Decree-Law of 23 August 1957.

TITLE V

From the hiring regime

Article 59.

It is up to the National Heritage Management Board to hire, under private law, works and supplies that are of interest to the National Heritage, prior to the formalities to be determined in this Regulation as well as to conclude how many contracts relate to the use of the goods.

Article 60.

1. Contracts concluded by the National Heritage Management Board shall be governed by the rules of this Regulation and by the rules of private law applicable according to their nature.

2. In all the provisions of this Regulation as regards the formation of the contractual will by the National Heritage Board, the opening of the file, the preparation, the award and the formalization of the contracts, it will be application of the contract law of the State.

Article 61.

The object of the contracts held by the National Heritage Board as well as its price shall be in accordance with the requirements laid down in the law of State contracts.

Article 62.

The award of contracts will be made by direct procurement. In the case of contracts with a value exceeding 2 000 000 pesetas, the tenders of at least three undertakings relating to the subject-matter of the contract shall be of interest, and shall be recorded in the file. However, the award may be made to any of the tenders, without binding it by the highest bidder.

Article 63.

Conflictive issues that may arise in the interpretation, execution, modification or resolution of contracts concluded by the National Heritage Management Board shall be resolved by the channels provided for in the each contract and, failing that, by those covered by the rules of private law. The Management Board may, in the contracts it holds, provide for submission to arbitration in the manner provided for in the rules of private law on such matters.

Article 64.

1. The audit of the expenditure incurred by the contracting authorities of the National Heritage Management Board shall be exercised by the Delegation of the General Intervention in the National Heritage.

2. The Board of Directors shall forward to the Court of Auditors, in the legally provided cases, the contracts it holds.

TITLE VI

From the National Heritage Organization

CHAPTER FIRST

From The Board Of Directors

Article 65.

The National Heritage Board will act as a collegiate management body, and will exercise the powers conferred upon it by the National Heritage Law.

Article 66.

1. The Board of Directors of the National Heritage will be constituted by its President, the Manager and by a number of vowels not exceeding ten, all of them professionals of recognized prestige. In two of the ten vowels, the status of a member of the City Council shall be present in whose municipal term they radiate real estate incorporated in the National Heritage or in any of the Foundations governed by its Board of Directors.

2. The President, the Manager and the other members of the Board of Directors will be appointed by Royal Decree, after deliberation by the Council of Ministers, on a proposal and with the endorsement of the President of the Government (article 8.1, Law of the Heritage National).

Article 67.

Corresponds to the Board of Directors:

a) The conservation, defense, and improvement of the property and rights of the National Heritage.

b) The head of staff, both official and contract staff, in terms of the rules on competence in the field of personnel.

c) Dictate the rules necessary for the organization and operation of the different dependencies, as well as direct and inspect these.

(d) Contry, under private law, the works and supplies which are of interest to the National Heritage, prior to the formalities laid down in this Regulation, as well as to conclude any contracts relating to them. the use of the goods in the same way.

e) The constitution, for exclusively cultural purposes or for the decorum of public buildings and for a maximum period of two years, of deposits of movable property of value or historical or artistic character, adopting the measures necessary for the proper safety and conservation of the same.

(f) The promotion and fulfilment of the scientific, cultural and teaching purposes referred to in the third article of its Regulatory Law.

g) Exercise the management of the Royal Patronates referred to in the fifth article of its Regulatory Law.

h) The formation of the inventory of property and rights of the National Heritage, with the intervention of the corresponding organs of the State Administration, its elevation to the Government, and the corresponding proposal to it for its Annual correction.

i) The proposal of affectation of movable and immovable property to the use and service of the Crown.

j) The proposal to disaffect the movable and immovable property of the National Heritage, when they have ceased to fulfill their primary purposes. In no case may the movable or immovable property of historical-artistic value be disaffected.

k) Accept donations, inheritances or legacies and, in general, agree to the lucrative acquisitions of any kind of goods. The acceptance of inheritances shall be understood as an inventory benefit.

l) The formation of the wealth inventory of the Board of Directors.

m) Develop and approve the preliminary draft budget of the National Heritage on an annual basis and refer it to the Government, through the Ministry of Relations with the Courts and the Government Secretariat, for further inclusion in the General Budget of the State.

Article 68.

1. The privileges specified in the previous article may be delegated to the President or to the Manager, in the terms that are established in each case. The delegation may at any time be the subject of an endorsement.

2. With the exception of the possibility of delegating the privileges set out in points (h), as regards the increase in the inventory to the government, as well as the corresponding proposal to the government for its annual correction; (i), (j) and (m) of the previous Article.

Article 69.

1. Corresponds to the Chairman of the Board of Directors:

a) Ostend the representation of the Council in official and private relations, and in the public and private documents it grants

b) Call for meetings of the Council and set the agenda, taking into account the requests of other members, made in good time.

c) Chair sessions of the Board of Directors.

d) Give approval to the minutes and certifications of the Council.

e) Dispose expenses and order corresponding payments.

f) Authorizing, when technical reports are favorable, requests for temporary disposal of the use of movable property.

g) Interest of the Ministry of Economy and Finance, in relation to the assets of the National Heritage, the exercise of the prerogatives of recovery, investigation and deslinde.

h) Set the guidelines and instructions to which the acts of ordinary administration and management of the organs of the public must be adjusted.

i) Grant powers for action in civil and commercial traffic, subject to agreement in this sense of the Board of Directors.

j) To perform any other functions delegated to it by the Board of Directors, as well as those other functions that are intrinsic to the status of President.

2. The function expressed in paragraph (a) shall be delegated to any of the Vocals, and the function specified in paragraph (e) may be delegated to the Manager.

3. In the case of vacancy, absence or illness, the President's supply shall correspond to the Vocal designated by the Board of Directors.

Item 70.

Corresponding to the Manager, without prejudice to any of the Manager's as a member of the Board of Directors, the following functions:

a) Propose to the Board of Directors any actions of any kind that are necessary for the fulfilment of the purposes of the Public Ente.

b) Exercise the leadership of the administrative services.

c) Drive case dispatch.

d) Prepare the relationship of affairs to be served to the President to set the agenda for each call of the Board of Directors.

e) Act as a Rapporteur on matters on the agenda, unless special committees or commissions have been appointed.

f) Execute the agreements of the Board of Directors, taking the appropriate measures to the effect.

g) Dispose expenses and order payments upon delegation from the President.

(h) To monitor compliance with the internal rules of procedure issued by the Board of Directors.

i) Take the inventory of the goods and rights integrated in the National Heritage and issue the appropriate certifications with respect to the same, for the purposes, if any, of the registration registration provided for in the article 9. º 3 of this Regulation.

(j) Vellar for the proper deposit and storage of all the movable property of the National Heritage, taking care of its preservation, repair and restoration in accordance with the provisions of this Regulation.

k) Exercise the ordinary administration and management of the assets and rights of the National Heritage.

l) Any other delegated by the Board of Directors, on a proposal from the President.

Article 71.

In the performance of their duties, the Board of Directors ' Vocals:

a) They will be heard and voted to the Council meetings.

b) They may examine the files and how many records are related to the subjects on the agenda, in order to get to know them before the deliberation.

c) They may request from the President or, if appropriate, from the Manager any information or document.

d) You may be able to formulate requests for inclusion of cases on the agenda in good time.

e) May raise to the Board of Directors motions and proposals that they deem relevant in order to comply with their purposes.

f) They will perform the Ponences entrusted to them and will be part of the Commissions that are constituted for the study and preparation of certain issues.

Article 72.

1. The Management Board shall appoint, on a proposal from the President, a Secretary.

2. The duties of the Secretary of the Council shall be:

a) Compose, in accordance with the instructions of the President, the agenda of the meetings of the Board of Directors.

b) Call the Vocals for Board of Directors meetings.

c) Raise the minutes of each session of the Board of Directors, and sign it with the President's approval.

d) To certify, with the approval of the President, the agreements of the Board of Directors and the corresponding acts and documents.

3. In the event of vacancy, absence or illness of the Secretary, the Board of Directors shall decide on the supply of the same.

Article 73.

1. The Management Board may, for the exercise of certain powers, set up delegated committees, the composition and functions of which shall be determined in the agreement to create them.

2. The Council may appoint Commissions and Ponences for the study and preparation of certain matters.

3. It may also call on qualified persons, outside the Council, to attend their meetings in order to provide advice on points or subjects of their specialty.

CHAPTER II

The operation of the Board of Directors

Article 74.

1. The Board of Directors of the National Heritage shall meet upon convocation of its President, carried out at the initiative of the President or at the request of at least three Directors, as many times as is necessary for the proper functioning of the Heritage Site. Nationally and ordinarily once a month.

2. The Council shall not be required to meet if all the members of the Council are present, and decide unanimously to hold a meeting.

3. The convening of the Council, except in cases of urgency appreciated by its President, shall be submitted in writing, directly and personally, with at least forty-eight hours in advance, and shall be accompanied by the agenda of the meeting and, where appropriate, precise, of the necessary documentation for the prior knowledge of the cases.

Article 75.

1. The Management Board shall be validly constituted when the meeting, present or represented, is attended by half plus one of its components.

2. If there is no quorum of attendance, the Board of Directors shall meet on the second call twenty-four hours after the first call, and the holding shall then be valid with five of its members, provided that they are present. the President and the Manager.

3. Members may grant in writing their representation, attend meetings of the Council, the President or another Vocal.

4. Any person who was expressly called upon to do so may attend the meetings of the Council, limiting his appearance at the time of dealing with the matter for which he was summoned.

Article 76.

1. The agreements shall be adopted by a majority of the votes of the attending members. In the event of a tie, the President shall have a vote of quality.

2. The delegation of powers of the Management Board shall require a favourable vote of two-thirds of the members of the Board.

3. No agreement may be reached on any matter which is not included on the agenda unless two-thirds of the members of the Council are present and the urgency of the matter is declared by the vote in favour of the absolute majority of the members. Council components.

Article 77.

1. A record shall be drawn from each session held by the Management Board which shall contain the indication of the circumstances of the time and place in which it is held, of the cases submitted to the Council decision, of the outcome of the votes. and the content of the agreements.

2. The minutes shall be drawn up and signed by the Secretary of the Council, with the approval of the President, and shall be adopted in the same or the following session, in which case they shall be accompanied on the agenda of the latter.

3. Members may record in the minutes their vote against the agreement or their abstention and the reasons for them.

Article 78.

The rules contained in Chapter II of Title 1 of the Law of Administrative Procedure shall apply in the first two chapters of this Title to the first two chapters of this Title.

Article 79.

The administrative acts of the Board of Directors, its President and the Manager, in the field of their respective competences, which do not exhaust the administrative route, will be used before the Minister of Relations with the Courts. and the Government Secretariat, as established in the Law of Administrative Procedure.

CHAPTER III

From the organic structure of the National Heritage Management Board

Item 80.

The National Heritage Management Board is structured in:

a) The Central Services, and

b) Delegations at the following Royal Sites: San Lorenzo de El Escorial, San Ildefonso, El Pardo, Aranjuez and Palma de Mallorca.

The previous delegations exercise, within their territorial scope, the ordinary administration and management of the goods and rights attached to them, as well as any other functions entrusted to them by the Manager.

Article 81.

1. The Delegations in the Real Sites and the Central Services are organically dependent on the Manager, with the latter being structured in the following units, all of them with the level of Subdirectorate General:

a) General Secretariat.

b) Secretary of Historic Heritage.

c) General Administration of Property and Resources Administration.

d) Service Inspection.

2. The functions of immediate control and coordination of the previous units are exercised by the Management, under the top management of the National Heritage Board and its President.

3. They are organically dependent on the Legal Service Management and the Delegated Intervention, both with a level of General Subdirection. The units responsible for the budget area, the organisation and coordination of official acts and the relationship with the social media are also directly dependent on it.

Article 82.

1. The General Secretariat is the immediate support body for the Management to which the following functions are carried out:

a) The impetus and processing of personnel and social action issues.

b) Economic and financial management.

c) The preparation and processing of procurement files.

d) The inventory of the non-member movable property of the Spanish Historical Heritage.

e) Other than what the Manager entrusts to you.

2. It is for the Secretary-General to supply the Manager in cases of vacancy, absence or illness.

Article 83.

It is up to the Secretariat of the Historical Heritage to exercise the following functions:

(a) The direction and execution of the actions necessary for the preservation and maintenance of the real estate.

b) The inventory, conservation and restoration of the assets belonging to the Spanish Historical Heritage.

c) Care and improvement of museums.

d) The development of programs related to the use of goods for cultural, scientific and educational purposes, which is compatible with the affectation of such goods.

e) The administration and conservation of the Historical-Documentary Archive and the bibliographic funds.

Article 84.

Corresponds to the General Administration of Property Management and Resources for the exercise of the following functions:

a) The compilation of the inventory of real estate of the National Heritage, as well as the permanent update of the inventory.

b) The management of real estate, drawing up plans for the exploitation of housing, premises, facilities and land of any kind.

c) The processing of the cases of affectation and disaffection of the real estate, as well as the preparation of the corresponding proposals.

d) The management and exploitation of goods likely to generate income, including the preparation and editing of publications.

Article 85.

It is up to the Served Inspection to exercise the following functions:

(a) The control of compliance, both in the Central Services and in the Delegations in Real Sites, of the National Heritage Regulatory Regulations, as well as of the other provisions that are of general application.

b) The development of studies and formulation of proposals in the area of internal organization and operation of services.

c) The planning and follow-up of actions on the security of National Heritage facilities.

d) The performance of those actions that, in the field of their competence, are entrusted to him by the Manager.

Article 86.

The functions of the National Heritage Management Board are without prejudice to the powers conferred on the Ministry of Culture by Law 16/1985 of 25 June, and provisions laid down in its development.

CHAPTER IV

From the economic-financial regime

Item 87.

In order to order the economic management of the National Heritage, a budget will be formed for each financial year as provided for in the General Budget Law (article 9.4, National Heritage Law).

Article 88.

1. The Management Board shall draw up and approve each year, by a majority of the two-thirds of its members, a preliminary draft budget and forward it to the Ministry of Economic Affairs and Finance, through the Ministry of Relations with the Courts and the Government Secretariat, for the purposes of its inclusion in the General Budget of the State.

The structure and content of the preliminary draft shall be in accordance with the provisions of the current budgetary legislation.

2. In point (A) of the General Budget of the State, the allocation in which the appropriations necessary to meet the obligations of the National Heritage shall be included in the section concerned (Article 9.1, of the National Heritage).

3. In exceptional cases, the budgetary appropriations provided for in the relevant sections of the various Ministries shall be applied to the National Heritage, where they are intended for the pursuit of activities of their own competence. which are related to the assets of the National Heritage (article 9.2, National Heritage Law).

Article 89.

The fruits, incomes, perceptions or yields of any nature, produced by the goods that make up the National Heritage, will be entered into the Public Treasury, without prejudice to the possibility of generating credits that legally applicable.

Article 90.

1. The National Heritage Accounts shall be in accordance with the rules applicable to the Autonomous Bodies of a commercial, industrial, financial or similar nature (Article 9.5, National Heritage Law).

2. Accounting services will depend on the National Heritage Manager. The Delegated Intervention, without prejudice to the powers that correspond to the Manager, shall promote the activity of those services and shall carry out the necessary instructions for the best operation of those services.

Article 91.

The National Heritage Board shall determine the accounting documents to be formalized by the Central Services and the Delegations in the Royal Sites, their periodicity and procedure, as well as the appropriate control mechanisms.

Article 92.

The procedure for the management of expenditure and payments of the National Heritage Management Board shall be in accordance with the rules applicable to the autonomous organizations of a commercial, industrial, financial or analogous nature.

Article 93.

The accounts of the National Heritage Board, once formed, will be referred to the Court of Auditors for examination and censorship.

CHAPTER V

From staff to the service of the National Heritage Management Board

Article 94.

The staff of the National Heritage Management Board shall be composed of public officials, who shall be governed by the rules applicable in general to the officials of the State Administration and by personnel employed in accordance with labour law.

Article 95.

All the jobs of the National Heritage Management Board, both those reserved for official staff and staff, will be included in the corresponding relations, which will conform to the regulations on the relations of employment and whose processing will be carried out through the Ministry of Relations with the Courts and the Government Secretariat.

Article 96.

In accordance with the provisions of the employment relationship, the official staff shall access the posts of the National Heritage Board of Directors reserved for them by the general procedures of the provision, contest or free designation, the public notice of which will be held through the Ministry of Relations with the Courts and the Government Secretariat.

Article 97.

According to the corresponding public employment offer from the State Administration, the selection of the staff of the National Heritage Management Board will be carried out in accordance with the principles of equality, merit and capacity, through a public call through the Ministry of Relations with the Courts and the Government Secretariat.

Article 98.

The staff of the National Heritage Board shall be registered in the Central Register of Personnel referred to in Article 13 of Law 30/1984 of 2 August.

TRANSIENT PROVISIONS

First.

As long as the Legal Service of the National Heritage Board has not been created, it will be up to the Legal Service of the Ministry of Relations with the Courts and the Government Secretariat to issue the report. provided for in Article 9 (2) of this Regulation.

Second.

The provisions of Articles 39 to 42 of this Regulation relating to the formation of deposits of movable property of the National Heritage shall apply to the goods currently subject to deposit, and consequently, the regularization of the respective deposits shall be carried out within two years of the entry into force of this Regulation.

Third.

The provisions of the third final provision of the Law on National Heritage, the National Heritage Board, in the exercise of the functions of the Patronate and the National Heritage Act are approved. representation referred to in Article 58 of this Regulation shall be in accordance with the provisions of the legislation in force on Private Cultural Foundations, without prejudice to the provisions of that Law and this Regulation.

Fourth.

The inventory of donations made by the State through the King, as referred to in Article 4. º 8 of the National Heritage Law, shall be made up of the services of the Board of Directors and subject to Commission opinion set up by Royal Decree 662/1984 of 25 January 1984 in compliance with the single additional provision of that Law.

Ruling the inventory, the Board of Directors will raise it to the Government, for approval, through the Minister of Relations with the Courts and the Government Secretariat. Once approved, it will be sent to the General Courts.

The inventory referred to shall be part of the General Inventory governed by this Regulation.

FINAL PROVISIONS

First.

The Minister of Relations with the Courts and the Secretariat of the Government is hereby authorized to issue the precise provisions for compliance with the provisions of the final provision of the Law on Heritage National.

Second.

The Board of Directors will be heard in the file of elaboration of the Royal Decree that regulates the subject matter of the Decree-Law of 23 August 1957, which provides for the final provision of the third, three, of the Law National Heritage.

Third.

By the Minister of Relations with the Courts and the Government Secretariat, prior to the report of the National Heritage Management Board, it will be necessary to make the necessary provisions for the development of the established in this Regulation.

REPEAL PROVISION

Any provisions of equal or lower rank shall be repealed as set out in this Regulation, and in particular the Order of 4 April 1942, which approves the Rules of Procedure of the Management Board. of the National Heritage, and Royal Decree 1412/1986, of June 28, for which the organic structure of the Management of the National Heritage is determined.