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Royal Decree 922/1986, Of 11 April, Transfer Of Services From The Government To The Comunidad Foral De Navarra, Garderias Children's Labor.

Original Language Title: Real Decreto 922/1986, de 11 de abril, de traspaso de servicios de la Administración del Estado a la Comunidad Foral de Navarra, en materia de garderías infantiles laborales.

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THE ORGANIC LAW 13/1982, OF 10 AUGUST, OF REINTEGRATION AND IMPROVEMENT OF THE FORAL REGIME OF NAVARRA, IN ITS TRANSITIONAL PROVISION FOURTH, PROVIDES THAT THE TRANSFER TO THE COMMUNITY OF NAVARRA OF THE FACULTIES AND COMPETENCES ACCORDING TO THE SAME COMPETENCE, IT WILL BE CARRIED OUT AFTER AGREEMENT WITH THE FORAL DEPUTATION BY THE GOVERNMENT OF THE NATION, AND WILL BE PROMULGATED BY ROYAL DECREE.

REAL DECREE 2356/1984, OF DECEMBER 19, ESTABLISHES THE RULES GOVERNING THE TRANSFER OF SERVICES FROM THE STATE ADMINISTRATION TO THE COMMUNITY OF NAVARRA. THE BOARD OF TRANSFERS PROVIDED FOR IN ARTICLE 2 (2) OF THIS REGULATION, AFTER CONSIDERING THE ADVISABILITY AND LEGALITY OF CARRYING OUT THE TRANSFERS IN THE FIELD OF CHILD-CARE CHILDCARE, ADOPTED, AT ITS MEETING OF 24 MARCH 1986, THE AGREEMENT, WHICH, FOR ITS EFFECTIVENESS, REQUIRES APPROVAL BY MEANS OF A ROYAL DECREE.

IN ITS VIRTUE, IN COMPLIANCE WITH THE PROVISIONS OF THE TRANSITIONAL PROVISION FOURTH OF LAW 13/1982, OF 10 AUGUST, OF REINTEGRATION AND IMPROVEMENT OF THE FORAL REGIME OF NAVARRA, ON THE PROPOSAL OF THE MINISTERS OF LABOR AND SECURITY SOCIAL AND TERRITORIAL ADMINISTRATION, AND AFTER DELIBERATION BY THE COUNCIL OF MINISTERS AT ITS MEETING ON 11 APRIL 1986, I HAVE:

ARTICLE 1. THE AGREEMENT OF THE TRANSFER BOARD, DATED 24 MARCH 1986, IS APPROVED BY THE TRANSFER OF FUNCTIONS AND SERVICES OF THE STATE ADMINISTRATION IN THE FIELD OF CHILD CARE FACILITIES FOR THE FORAL COMMUNITY OF NAVARRA.

ART. 2. CONSEQUENTLY, THE FUNCTIONS AND SERVICES REFERRED TO IN THE AGREEMENT WHICH IS INCLUDED AS AN ANNEX TO THIS ROYAL DECREE ARE TRANSFERRED TO THE FORAL COMMUNITY OF NAVARRA IN THE TERMS AND CONDITIONS SPECIFIED THEREIN.

ART. 3. THE TRANSFERS TO WHICH THIS ROYAL DECREE REFERS WILL BE EFFECTIVE AS OF THE DATE INDICATED IN THE AGREEMENT OF THE AFOREMENTIONED TRANSFER BOARD, WITHOUT PREJUDICE TO THE PRODUCTION OF THE MINISTRY OF LABOR AND SOCIAL SECURITY UNTIL THE ENTRY INTO THE THIS ROYAL DECREE, THE ADMINISTRATIVE ACTS NECESSARY FOR THE MAINTENANCE OF THE SERVICES IN THE SAME SYSTEM AND LEVEL OF OPERATION AS THEY HAD AT THE TIME OF THE ADOPTION OF THE AGREEMENT WHICH IS TRANSCRIBED AS AN ANNEX TO THE ACTUAL PRESENT DECREE.

ART. 4. THIS ROYAL DECREE WILL TAKE EFFECT ON THE SAME DAY AS ITS PUBLICATION IN .

DADO IN MADRID AT 11 APRIL 1986.

JOHN CARLOS R.

THE MINISTER OF THE PRESIDENCY, JAVIER OSSO DEL PRADO, AND MUÑOZ DON JUAN SOLER FERRER AND DON JOSE ANTONIO RAZQUIN LIZARRAGA, SECRETARIES OF THE TRANSFER BOARD PROVIDED FOR IN ARTICLE 2. ROYAL DECREE 2356/1984 OF 19 DECEMBER, WHICH ESTABLISHES THE RULES GOVERNING THE TRANSFER OF SERVICES FROM THE STATE ADMINISTRATION TO THE COMMUNITY OF NAVARRA, CERTIFIES:

WHICH, AT THE PLENARY SESSION OF THE TRANSFER MEETING, HELD ON 24 MARCH 1986, AGREEMENT WAS REACHED ON THE TRANSFER TO THE FORAL COMMUNITY OF NAVARRE OF THE FUNCTIONS AND SERVICES OF THE STATE IN THE FIELD OF CHILDCARE FACILITIES LABOR, IN THE TERMS THAT ARE REPRODUCED BELOW:

1.

PRECEPTS OF THE CONSTITUTION AND OF THE ORGANIC LAW OF REINTEGRATION AND IMPROVEMENT OF THE FORAL REGIME OF NAVARRA, IN WHICH THE COMPETENCE OF THE FORAL COMMUNITY IS RECOGNIZED ON THE MATTER TO WHICH THE SERVICES THAT ARE TRANSFER OBJECT.

IN THE VIEW OF THE PROVISIONS OF THE TRANSITIONAL PROVISION FOURTH OF THE ORGANIC LAW FOR THE REINTEGRATION AND IMPROVEMENT OF THE FORAL REGIME OF NAVARRA AND ROYAL DECREE 2356/1984 OF 19 DECEMBER, AND IN ACCORDANCE WITH THE PROVISIONS OF THE ARTICLE 44.17 OF THE AFOREMENTIONED ORGANIC LAW, IT IS UP TO THE FORAL COMMUNITY OF NAVARRA TO HAVE EXCLUSIVE COMPETENCE IN MATTERS OF SOCIAL ASSISTANCE.

CONSEQUENTLY, THE ROLE AND SERVICES OF THE COMMUNITY IN THE FIELD OF CHILD CHILDCARE FACILITIES SHOULD BE TRANSFERRED TO THE COMMUNITY.

2.

IDENTIFICATION OF THE SERVICES BEING TRANSFERRED AND THE FUNCTIONS ASSUMED BY THE FORAL COMMUNITY.

THE FORAL COMMUNITY OF NAVARRA WILL EXERCISE THE SERVICES AND FUNCTIONS WHICH, IN THE FIELD OF CHILD CARE FACILITIES, WHICH HAVE ITS REGISTERED OFFICE IN THE AREA OF THE COMMUNITY FORAL DE NAVARRA, HAS BEEN ADMINISTERED BY THE STATE.

FOR SUCH PURPOSES, IT IS UNDERSTOOD BY CHILD ' S CHILDCARE CENTRES THAT, AS SUCH, THEY ARE DEFINED IN THE FIRST ARTICLE OF THE ORDER OF 12 FEBRUARY 1974.

3.

SERVICES AND FUNCTIONS THAT CONTINUE TO CORRESPOND TO THE STATE ADMINISTRATION.

STATISTICS FOR STATE PURPOSES.

ANNUALLY THE MINISTRY OF LABOR AND SOCIAL SECURITY SHALL TRANSFER THE PROPORTIONAL SHARE CORRESPONDING TO THE COMMUNITY FORAL DE NAVARRA FROM THE DEPARTURE OF THE GENERAL BUDGETS OF THE STATE TO BE SUBSIDIZED. CHILD CARE FACILITIES.

4.

CONCURRENT AND SHARED FUNCTIONS BETWEEN THE STATE ADMINISTRATION AND THAT OF THE FORAL COMMUNITY, AND INSTITUTIONAL FORMS OF COOPERATION.

WILL BE DEVELOPED IN COORDINATION BETWEEN THE MINISTRY OF LABOR AND SOCIAL SECURITY AND THE COMMUNITY OF NAVARRA, IN ACCORDANCE WITH THE MECHANISMS THAT ARE INDICATED IN EACH CASE, THE FOLLOWING ACTIONS:

THE FORAL COMMUNITY OF NAVARRA SHALL PROVIDE THE ADMINISTRATION OF THE STATE WITH STATISTICAL INFORMATION ON THE EXERCISE OF THE FUNCTIONS TRANSFERRED, IN ACCORDANCE WITH THE EXISTING METHODOLOGY, OR THE ONE WHICH, WHERE APPROPRIATE, THE ADMINISTRATION OF THE STATE ESTABLISH, IN SUCH A WAY AS TO ENSURE ITS COORDINATION AND INTEGRATION WITH THE REST OF THE STATISTICAL INFORMATION AT THE STATE LEVEL. THE ADMINISTRATION OF THE STATE SHALL, ON THE OTHER HAND, PROVIDE THE COMMUNITY WITH INFORMATION DRAWN UP ON THE SAME MATTERS.

ALSO, THE COMMUNITY OF NAVARRA WILL PROVIDE INFORMATION ON THE REGISTERED CHILD CARE FACILITIES TO THE STATE ADMINISTRATION.

5.

STAFF ASSIGNED TO THE SERVICES THAT ARE TRANSFERRED AND VACANT JOBS THAT ARE TRANSFERRED.

I. THE STAFF ASSIGNED TO THE SERVICES BEING TRANSFERRED IS LISTED IN THE ANNEX TO THE ROYAL DECREE NUMBER 1, WHICH APPROVES THE AGREEMENT OF THE TRANSFER BOARD, WHEREBY THE SERVICES OF THE ADMINISTRATION OF THE WORKING IN THE WORKPLACE.

II. NO VACANT POSTS ARE TRANSFERRED.

6.

PROVISIONAL ASSESSMENT OF THE EFFECTIVE COST OF THE SERVICES TRANSFERRED AND THE NET BURDEN ASSUMED BY THE COMMUNITY OF NAVARRA.

I. THE PROVISIONAL ASSESSMENT OF THE EFFECTIVE COST OF THE SERVICES TRANSFERRED BY THIS AGREEMENT AND OF THE NET BURDEN ASSUMED BY THE FORAL COMMUNITY IS INCLUDED TOGETHER IN THE ANNEX TO THE DECREE NUMBER 2, WHICH APPROVES THE AGREEMENT OF THE TRANSFERS, FOR WHICH THE SERVICES OF THE STATE ADMINISTRATION IN THE FIELD OF WORK ARE TRANSFERRED TO THAT COMMUNITY.

II. IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 8. OF ROYAL DECREE 2356/1984 OF 19 DECEMBER, THE COMMUNITY FORAL DE NAVARRA ASSUMES THE FINANCING OF THE SERVICES TRANSFERRED TO IT BY THIS AGREEMENT. 7.

INVENTORY OF GOODS, RIGHTS, AND OBLIGATIONS THAT ARE TRANSACTED.

I. THE ASSETS, RIGHTS AND OBLIGATIONS ATTACHED TO THE SERVICES TRANSFERRED TO THE COMMUNITY OF NAVARRA ARE TRANSFERRED TO THE COMMUNITY OF NAVARRA, WHICH ARE RECOGNIZED IN RELATION NUMBER 3 OF THE ANNEX TO THE ROYAL DECREE APPROVING THE AGREEMENT OF THE TRANSFER BOARD THE SERVICES OF THE STATE ADMINISTRATION IN THE FIELD OF WORK ARE TRANSFERRED TO THAT COMMUNITY.

THE TRANSFER OF THESE GOODS, RIGHTS AND OBLIGATIONS IS CARRIED OUT IN ACCORDANCE WITH ARTICLES 9 AND 10 OF ROYAL DECREE 2356/1984 OF 19 DECEMBER.

II. WITHIN ONE MONTH OF THE ENTRY INTO FORCE OF THE ROYAL DECREE ENACTING THIS AGREEMENT, THE CORRESPONDING ACT OF DELIVERY AND RECEIPT OF FURNITURE, EQUIPMENT AND INVENTORIED MATERIAL SHALL BE SIGNED.

8.

ADMINISTRATIVE DOCUMENTATION RELATING TO THE SERVICES BEING TRANSFERRED.

IN THE PERIOD OF ONE MONTH FROM THE ENTRY INTO FORCE OF THE ROYAL DECREE ENACTING THIS AGREEMENT, THE NECESSARY DOCUMENTATION AND RECORDS SHALL BE PROVIDED FOR THE PROVISION OF THE TRANSFERRED SERVICES, THE CORRESPONDING MINUTES OF DELIVERY AND RECEIPT ARE SIGNED FOR THIS PURPOSE.

THE RESOLUTION OF THE FILES THAT ARE BEING PROCESSED IN THE DATE OF EFFECTIVENESS OF THE TRANSFER, WILL TAKE PLACE IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 11 OF ROYAL DECREE 2356/1984.

9.

TRANSFER ERA DATE.

THE TRANSFER OF THE SERVICES COVERED BY THIS AGREEMENT SHALL BE EFFECTIVE FROM 1 JULY 1986.

AND FOR THE RECORD, THEY ISSUE THIS CERTIFICATION IN MADRID AT 24 MARCH 1986. THE SECRETARIES OF THE TRANSFER BOARD, JUAN SOLER FERRER AND JOSE ANTONIO RAZQUIN LIZARRAGA.