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Royal Decree 923/1986, Of 11 April, Transfer Of Services From The Government To The Foral Community Of Navarre, In Free Time.

Original Language Title: Real Decreto 923/1986, de 11 de abril, de traspaso de servicios de la Administración del Estado a la Comunidad Foral de Navarra, en materia de tiempo libre.

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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 THEREOF, WHICH, AFTER CONSIDERING THE DESIRABILITY AND LEGALITY OF CARRYING OUT THE TRANSFERS IN THE FIELD OF FREE TIME, ADOPTED THE APPROPRIATE AGREEMENT AT ITS MEETING OF 24 MARCH 1986, WHICH EFFECTIVENESS, IT REQUIRES APPROVAL BY MEANS OF 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 MARCH 24, 1986, IS APPROVED BY THE TRANSFER OF FUNCTIONS AND SERVICES OF THE STATE ADMINISTRATION IN MATTERS OF FREE TIME TO THE COMMUNITY OF NAVARRA.

ART. 2.

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

ART. 3.

THE TRANSFERS TO WHICH THIS ROYAL DECREE REFERS WILL BE EFFECTIVE FROM 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 FORCE OF THIS ROYAL DECREE, THE ADMINISTRATIVE ACTS NECESSARY FOR THE MAINTENANCE OF SERVICES IN THE SAME SYSTEM AND LEVEL OF OPERATION AS THEY HAD AT THE TIME OF THE ADOPTION OF THE AGREEMENT TO BE TRANSCRIBED AS AN ANNEX TO THE PRESENT ROYAL DECREE.

ART. 4.

THE BUDGET APPROPRIATIONS WHICH ARE MEMBERS OF THE CASH COST PROVISIONALLY ASSESSED AS DETAILED IN RELATION NUMBER 2 OF THE ANNEX SHALL BE DISCHARGED FOR THE AMOUNTS CORRESPONDING FROM THE DATE OF ENTRY INTO FORCE OF THE THIS ROYAL DECREE, BY MEANS OF THE APPROPRIATE BUDGET AMENDMENT DOSSIER.

ART. 5.

THIS REAL DECREE WILL TAKE EFFECT ON THE SAME DAY AS YOUR 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.

OF REAL DECREE 2356/1984, OF 19 DECEMBER, WHICH ESTABLISHES THE RULES GOVERNING THE TRANSFER OF SERVICES FROM THE STATE ADMINISTRATION TO THE COMMUNITY OF NAVARRA, CERTIFY:

WHICH, AT THE PLENARY SESSION OF THE TRANSFER MEETING, HELD ON 24 MARCH 1986, AGREEMENT WAS REACHED ON THE TRANSFER TO THE COMMUNITY OF NAVARRE OF THE FUNCTIONS AND SERVICES OF THE STATE IN THE FIELD OF FREE TIME. TERMS THAT ARE THEN REPRODUCED:

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 IN ROYAL DECREE 2356/1984 OF 19 DECEMBER, AND IN ACCORDANCE WITH THE PROVISIONS OF THE ARTICLE 44.14 OF THE AFOREMENTIONED ORGANIC LAW, IT IS UP TO THE COMMUNITY OF NAVARRA TO HAVE EXCLUSIVE COMPETENCE IN MATTERS OF PROMOTION OF SPORT AND THE PROPER USE OF LEISURE.

CONSEQUENTLY, IT IS APPROPRIATE TO TRANSFER TO THE FORAL COMMUNITY THE FUNCTIONS AND SERVICES CORRESPONDING TO ITS POWERS IN THE AREA OF FREE TIME.

2.

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

THE FORAL COMMUNITY OF NAVARRE WILL EXERCISE, WITHIN ITS TERRITORIAL SCOPE, THE FOLLOWING FUNCTIONS AND SERVICES, WHICH, IN THE AREA OF FREE TIME, WAS CARRIED OUT BY THE ADMINISTRATION OF THE STATE:

THE EXTINCT SOCIAL INSTITUTE OF FREE TIME, COMING FROM THE UNION WORK OF EDUCATION AND REST, AS REFERRED TO IN ARTICLE 2 OF ROYAL DECREE 691/1979, OF 20 FEBRUARY.

3.

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

WILL CONTINUE TO BE EXERCISED BY THE CORRESPONDING ORGANS OF STATE ADMINISTRATION THE FOLLOWING FUNCTIONS:

STATISTICS FOR STATE PURPOSES.

THE COORDINATION TO ENSURE THE EXCHANGE OF PLACES REFERRED TO IN PARAGRAPH 4.

4.

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

WILL BE DEVELOPED IN A COORDINATED MANNER BETWEEN THE STATE ADMINISTRATION AND THE COMMUNITY OF NAVARRA, IN ACCORDANCE WITH THE MECHANISMS THAT ARE INDICATED IN EACH CASE, THE FOLLOWING FUNCTIONS:

(A) THE FORAL COMMUNITY SHALL INFORM THE ADMINISTRATION OF THE STATE OF THE PLACES AVAILABLE IN THE RESIDENCES FOR WHICH IT IS RESPONSIBLE, AND IS IN THE FORAL COMMUNITY OF THOSE IN OTHER RESIDENCES OUTSIDE THE COMMUNITY OF THE FORAL COMMUNITY, SOME AND OTHERS CAN BE USED, AND, IN THIS WAY, GREATER SOCIAL AND ECONOMIC PROFITABILITY OF RESIDENTIAL FACILITIES WILL BE ACHIEVED.

B) THROUGH A CONVENTION BETWEEN THE ADMINISTRATION OF THE STATE AND THE FORAL COMMUNITY, A PROCEDURE WILL BE ARTICULATED, SO THAT, AT ALL TIMES, THE MAXIMUM USE OF THE FACILITIES AND PLACES AVAILABLE WILL BE ACHIEVED.

(C) THE REGIONAL COMMUNITY OF NAVARRA SHALL PROVIDE THE ADMINISTRATION OF THE STATE WITH STATISTICAL INFORMATION IN THIS FIELD, IN ACCORDANCE WITH THE EXISTING METHODOLOGY, OR THE ONE WHICH, WHERE APPROPRIATE, THE ADMINISTRATION OF THE STATE ESTABLISHES, IN SUCH A WAY AS TO ENSURE THAT GUARANTEED ITS COORDINATION AND INTEGRATION WITH THE REST OF THE STATISTICAL INFORMATION AT THE STATE LEVEL. FOR ITS PART, THE ADMINISTRATION OF THE STATE WILL MAKE AVAILABLE TO THE COMMUNITY OF NAVARRA THE INFORMATION ELABORATED ON THIS MATTER.

5.

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

I. IT WILL BE INCORPORATED INTO THE ORGANIZATION OF THE CIVIL SERVICE OF THE COMMUNITY OF NAVARRA, IN THE TERMS PROVIDED FOR IN ARTICLE 7 OF ROYAL DECREE 2356/1984, THE STAFF WHO ARE NOMINALLY REFERRED TO IN THE ATTACHED RELATIONSHIP NUMBER 1.

THE SECRETARIAT OF THE MINISTRY OF LABOUR AND SOCIAL SECURITY SHALL NOTIFY THE PERSONS CONCERNED OF THE TRANSFER AND THEIR NEW ADMINISTRATIVE SITUATION, AND SHALL FORWARD THE CERTIFIED COPY OF ALL THE FILES OF THE TRANSFERRED STAFF, AS WELL AS CERTIFICATES OF ASSETS RELATING TO THE AMOUNTS DUE DURING 1985.

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 BORNE BY THE FORAL COMMUNITY, IN ACCORDANCE WITH THE GENERAL BUDGET OF THE STATE FOR THE FINANCIAL YEAR 1986, IN accordance with paragraph 7 OF ARTICLE 6 OF REAL DECREE 2356/1984, OF 19 DECEMBER, AMOUNTS TO 19,974 THOUSAND PESETAS, ACCORDING TO DETAIL IN THE ATTACHED RELATION NUMBER 2.

II. IN ACCORDANCE WITH ARTICLE 8 OF THE AFOREMENTIONED ROYAL DECREE, 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 TRANSFERRED.

I. THE ASSETS, RIGHTS AND OBLIGATIONS ATTACHED TO THE TRANSFERRED SERVICES ARE TRANSFERRED TO THE FORAL COMMUNITY OF NAVARRA, WHICH ARE INCLUDED IN THE DETAILED INVENTORY OF THE ATTACHED RELATIONSHIP NUMBER 3.

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.