By Royal Decree-Law 11/1978, of 27 April, the pre-autonomous regime for Andalusia was approved.

By Royal Decree 251/1982, of 15 January, the regional authority of Andalusia was transferred to the authority, functions and services of the State Administration in the field of social assistance and services.

As a result of the transfer carried out in the pre-regional phase in this matter, personal and property resources for the exercise of the transferred competences were made available to the Junta de Andalucía. The legal system of membership has to be adapted to the situation set up by the Statute of Autonomy for Andalusia, adopted by Organic Law 6/1981 of 30 December.

On the other hand, Royal Decree 3825/1982, of December 15, determines the rules and the procedure to which the transfers of functions and services of the State to the Autonomous Community of Andalusia have to be adjusted.

In accordance with the provisions of the aforementioned Decree, which also regulates the operation of the Joint Commission of Transfers provided for in the second transitional provision of the Statute of Autonomy for Andalusia, this Commission, After considering the appropriateness and legality of supplementing the transfers so far made in the field of social assistance and services, at its meeting on 28 June 1983, it adopted the appropriate agreement, the practical virtue of which requires its approval by the Government through Royal Decree.

In its virtue, in compliance with the provisions of the second transitional provision of the Statute of Autonomy for Andalusia, on the proposal of the Ministers of Labor and Social Security and of Territorial Administration, and prior Discussion of the Council of Ministers at its meeting on 1 August 1984, I have:

Article 1. The agreement of the Joint Committee provided for in the second transitional provision of the Statute of Autonomy for Andalusia of 28 June 1983 extending the transfer of functions, services and means of the State in respect of the social assistance and services to the Autonomous Community of Andalusia, adapting those transferred in a pre-regional phase in the same subject, by Royal Decree 251/1982 of 15 January.

Art. 2. 1. As a result, the transfers to the Autonomous Community of Andalusia of the functions and goods, as well as of the staff and budgetary appropriations in the relations attached to the agreement of the Joint Committee, which are includes as Annex I of this Royal Decree, in the terms and conditions specified therein.

2. The legal provisions affected by this transfer are set out in Annex II to this Royal Decree.

Art. 3. The extension of the transfers, as well as the adaptation of the previously transferred media referred to in this Royal Decree, will be effective from the day indicated in the agreement of the aforementioned Joint Commission.

Art. 4. This Royal Decree will enter into force on the day of its publication in the Official Journal of the State.

Given in Palma de Mallorca to August 1, 1984.-JUAN CARLOS R.-The Minister of the Presidency, Javier Moscoso del Prado and Muñoz.

ANNEX I

Don J. L. B. O. and Doña M. S. M. M., Secretaries of the Joint Commission provided for in the second transitional provision of the Statute of Autonomy for Andalusia, certify:

At the plenary session of the Commission, held on 28 June 1983, an agreement was reached on extending the transfer to the Autonomous Community of Andalusia of the functions and services of the State in the field of assistance and social services, in the terms below are expressed:

A) Reference to constitutional and statutory and statutory rules for the transfer.

The Constitution, in Article 148, 1, 20, establishes that the Autonomous Communities may assume responsibility for social assistance.

For its part, the Statute of Autonomy for Andalusia establishes in its article 13, 22, that it is for the Autonomous Community to have exclusive competence in matters of social assistance and services.

By Royal Decree 251/1982, of 15 January, they were transferred in this matter to the pre-regional authority of Andalusia, functions and services, with its means, whose assumption with definitive character took place under the provisions of the second transitional provision of the Statute of Autonomy, which now needs to be completed by adapting those to the arrangements laid down in the Staff Regulations and other applicable provisions.

B) Functions assumed by the Autonomous Community and identification of the services being transferred.

Correspond to the Autonomous Community of Andalusia, within its territorial scope, in the terms of this agreement and of the Decrees and other rules that make it effective, the following functions and services:

For services and social assistance:

(a) The services corresponding to the centres and establishments dependent on the National Institute of Social Assistance and its provincial delegations.

(b) The Autonomous Community of Andalusia will take charge of the granting and management of the aid contained in concepts 19.02.781, 19.02.782, 32.23.751, 19.02.454, 19.02.485 and 19.02.487/1 of the General Budget of the State for 1983, as regards the beneficiaries resident in Andalusia and the centres which, without pursuing a profit motive, are subsidised by the same, within the same territorial area, without prejudice to the aid available to the Autonomous Community.

(c) In the case of large families, the Autonomous Community of Andalusia shall be responsible for the recognition of the status of such families, the issue of securities and their renewal subject to the State model, as well as the power of the penalty on the part and amount set out in the legislation in force.

d) The administrative units of the Provincial Labour and Social Security Directorates for social services, as well as other functions that are transferred.

e) The social welfare centres, formerly dependent on the Directorate-General for Social Action.

C) Competences, services and functions reserved by the State Administration.

They will remain in the Ministry of Labor and Social Security and will continue to be of their competence to be exercised by himself the following functions and activities that he has legally attributed and perform the services that he cite:

(a) The attention of State-wide obligations, the maintenance of relations with associations and organizations at the state or international level, as well as the management of services and aid for care for refugees and patriads; the aid to the Patronato de Rehabilitation Social de Enfermos de Lepra, and the grants in favour of the Real Patronato de Educación y Atención a Defenados and the grants for global transfers to Social Security.

(b) Any other that corresponds to it under the current rules and which is not inherent in the competences assumed by the Autonomous Community, or which, if so, has not given rise to the corresponding transfer, if any.

D) Functions in which the State Administration and the Autonomous Community are to participate.

They will be developed in coordination between the Ministry of Labor and Social Security and the Autonomous Community of Andalusia in the form that in each case the following functions and actions are indicated:

(a) In order to satisfy the fixed obligations of subjective rights (monthly aid to disabled elderly and disabled persons and grants for disabled persons admitted to centres), the credit resulting from the number shall be transferred (a) the amount of the duties to be granted in accordance with the general rules of the State governing the matter, and the amount of the same on 1 January of each year, the regularisations being carried out in the months of July and December. Similarly, each two months will be referred to the Directorate-General for Social Action for the high and low level of the aid, for the purposes of coordination of the payment of the aid.

(b) The grant amount to be managed by the Community shall be calculated on the basis of objective criteria, the fixing of which shall be made by mutual agreement between the State Administration and all the Autonomous Communities.

(c) The State and the Autonomous Community establish the mutual duty of information for the purposes of statistical and information assessment, the economic and financial system, without any reduction in the powers conferred on it. are legally attributed to both administrations.

E) Goods, rights and obligations of the State that are transferred.

1. The assets transferred to the pre-regional authority of Andalusia under Royal Decree 251/1982 of 15 January 1982 are extended in the terms of the attached number 1 *.

2. Within one month of the approval of this agreement by the Government, the corresponding minutes of delivery and receipt of furniture, equipment and inventoried material shall be signed.

3. The legal status of the goods, rights and obligations transferred under a pre-regional arrangement (relationship number 1 attached to Annex I to Royal Decree 251/1982 of 15 January 1982) will be adapted to the conditions laid down in the Statute of Autonomy and other provisions in each applicable case.

F) Staff assigned to the services and institutions that are transferred.

1. The personal means transferred to the pre-regional authority of Andalusia under Royal Decree 251/1982 of 15 January, with the transfer of the staff which are nominally referred to in the attached relation number 2 *, are extended. which is currently attached to the services, centres and establishments of the Instituto Nacional de Asistencia Social, transferred under the aforementioned Royal Decree, whose legal status will be adapted to the provisions of Royal Decree 3825/1982, of 15 of December; Royal Decree 2545/1980 of 21 November and other applicable provisions.

2. In addition, the Staff Regulations, which occupy the posts specified in Annex I, No 2, of Royal Decree 251/1982 of 15 January 1982, corresponding to the social service units and large families of the Provincial Labour and Social Security Directorates and the social welfare centres which are dependent on the Directorate-General for Social Action, will be the one set out in the previous paragraph.

3. Under the Secretariat of the Ministry of Labour and Social Security and other competent staff, the transfer and its new administrative situation shall be notified to the parties concerned as soon as the Government approves this agreement. Royal Decree. A certified copy of all the files of such staff transferred, together with the certificates of holding, shall be forwarded to the competent authorities of the Autonomous Community, in respect of the amounts due during 1983. The State Administration will modify the organic and budgetary templates according to the transfers operated.

G) Job vacancies that are moved.

In the attached relations number 2 * are also detailed the vacancies corresponding to services, centers and establishments of the National Institute of Social Assistance, with indication of the Body or scale to which are attached or assimilated, organic level and corresponding budgetary allocation.

H) Final assessment of the financial burdens of the services transferred.

1. The actual cost, which, according to the liquidation of the Expenditure Budget for 1981, corresponds to the services transferred by this Royal Decree to the Community, is definitively raised to 2,414,971.2 thousand pesetas. The collection of fees and other revenues amounts to 42,378 thousand pesetas and the net assumed charge is 2,372,593,2 thousand pesetas, according to detail in the ratio 3.1 *.

2 The financial resources allocated to cover the expenditure incurred in the performance of the services carried over during the financial year 1984 are detailed in the ratio 3.2 *.

3. The actual cost as detailed in the valuation tables 3.1 will be financed in future years as follows:

Transiently, until the corresponding Law of Participation in the Tax of the State enters into force, through the consolidation in section 32 of the General Budget of the State of the credits relative to the different components of the effective cost, for the amounts indicated, which are likely to be updated by the general mechanisms provided for in each Budget Law:

* Credits in thousands of 1984 pesetas *

a) Gross costs: * *

Staff expenses * 2.788.686.0 *

Operating Expenses * 832.282.0 *

Investments for conservation, improvement and replacement * 183.441.5 *

Total * 3.804.409.5 *

b) To deduce: * *

Annual rate collection and other income * 71.584.0 *

Net Financing * 3.732.825.5 *

Any differences arising during the transitional period referred to in the previous paragraph with regard to the financing of the transferred services shall be subject to the adjustment of each financial year. by the presentation of the accounts and supporting statements relating to a settlement committee, which shall be lodged at the Ministry of Economic Affairs and Finance.

I) Documentation and records of the services being transferred.

The delivery of the documentation and files of the services transferred and the resolution of those who are in the process will be carried out in accordance with the provisions of the Royal Decree 3825/1982, of December 15.

J) Date of effectiveness of transfers.

The transfers of functions and services and the transfer of the means covered by this agreement, as well as the adaptation of the past, will be effective from 1 January 1984.

And for the record, we issued this certification in Madrid at June 28, 1983.-The Secretaries of the Joint Commission, J. L. B. O. and M. S. M. M.

* The inclusion of this relationship is omitted.

ANNEX II

MATTER OR COMPETENCE

Provincial addresses of the National Institute of Social Assistance.

Affected Provisions

Order of March 10, 1975, which regulates the peripheral organization of the National Institute of Social Assistance.

Items 1. and 2. in terms of organic and functional dependence of the Provincial Delegations of the Institute.

MATTER OR COMPETENCE

Granting and managing individual aid to the elderly and the sick or disabled for work.

Affected Provisions

Royal Decree 2620/1981, of July 24, on the granting of aid from the National Fund for Social Assistance to the Elderly and to Sick or Invalids Disabled for Work.

Articles 2, 3, 4, 5, 6, 10, 11, 12 and 13 on the competences of the Territorial Health and Social Security Delegations in the field of management, processing and resolution of aid cases.

MATTER OR COMPETENCE

Social Services.

Affected Provisions

Royal Decree 211/1978 of 10 February on organic and functional regime of the territorial delegations of the Ministry of Health and Social Security.

Article 6, number 4, in the field of social services, except foundations and tutored organs.

Article 9, on the administrative structure of the Social Services Directorate.

Social Services.

MATTER OR COMPETENCE

Numerous families.

Affected Provisions

Royal Decree 211/1978 of 10 February on organic and functional regime of the territorial delegations of the Ministry of Health and Social Security.

Article 6, number 2, 9, on the granting and renewal of titles of large families.