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 of Andalusia, this Commission, After considering the advisability and legality of supplementing the transfers so far made in the field of work and social security, it adopted at its meeting of 5 May 1983 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 After the Council of Ministers had been deliberated at its meeting on 2 November 1983, I have:

Article 1. The agreement of the Joint Committee provided for in the second transitional provision of the Statute of Autonomy for Andalusia, dated 5 May 1983, which transfers functions of the State in the field of charitable and labour foundations, is approved. the Autonomous Community of Andalusia and the corresponding services and institutions and personal, material and budgetary resources necessary for the exercise of those services.

Art. 2. 1. Consequently, the functions referred to in the agreement included as Annex I to this Royal Decree and transferred to it services and goods, rights and obligations are transferred to the Autonomous Community of Andalusia. as the staff and budget appropriations contained in the relations attached to the Joint Committee's own agreement, 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 transfers referred to in this Royal Decree shall be effective as from the day indicated in the agreement of the said Joint Committee, with all the administrative acts intended 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 Annex I to this Royal Decree and which, where appropriate, has been given by the Ministry of Labour and Social Security to the date of publication of this Royal Decree.

Art. 4. The budget appropriations that are detailed in relations 3.2 as in the Budget of the State will be discharged from the concepts of origin and transferred by the Ministry of Economy and Finance to the the concepts set out in Section 32, which are intended to finance the services undertaken by the Autonomous Communities, once they are referred to the Department by the Office of the Budget Office of the Ministry of Labour and Social Security, credit retention certificates, in order to comply with the provisions of the Budget Law General of the State in force.

Art. 6. This Royal Decree will enter into force on the day of its publication in the Official Journal of the State.

Given in Madrid on November 2, 1983.-JUAN CARLOS R.-The Minister of the Presidency, Javier Moscoso del Prado and Muñoz.

ANNEX I

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

The agreement on transfers to the Autonomous Community of Andalusia from the functions and services of the State in the field of charitable and labour funds was adopted at the plenary session of the Commission on 5 May 1983. the terms that are reproduced below:

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

Article 148.1.20 of the Constitution establishes that the Autonomous Communities may assume responsibility for social assistance.

For its part, the Statute of Autonomy of Andalusia, approved by the Organic Law 6/1981, of December 30, establishes in its article 13.22 and 25, which corresponds to the Autonomous Community exclusive competence on the Foundations of a benefit-care and similar character that mainly develop their functions in Andalusia, as well as in the field of social assistance and services.

On the basis of these constitutional and statutory provisions it is legally possible for the Autonomous Community of Andalusia to have powers in matters of charitable and labour foundations, which currently correspond to the Ministry of Labour and Social Security, therefore it is necessary to operate already in this field transfers of functions and services of such kind to the same.

B) Functions assumed by the Autonomous Community of Andalusia and the identification of the services that are transferred.

Transfer 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 and published in the "Official State Gazette" functions and services currently held by the State in respect of the charitable and labor foundations that mainly develop their functions in Andalusia.

Within six months of the date of publication of the present agreement in the Official State Gazette, the list of Foundations will be published, while the functions of guardianship on these to the Government protectorate in the particular beneficence, exercised by the Ministry of Labour and Social Security through the Directorate General of Social Action.

Those foundations that perform mainly their functions outside of Andalusia must express it within thirty calendar days after the end of the previous period. To this end, they must apply for inclusion in the Register of the Ministry of Labour and Social Security.

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

As a result of the relationship of functions and services transferred, they will remain in the Ministry of Labour and Social Security and remain of their competence to be exercised by the same functions and activities that are legally attributed to and perform the services cited:

a) The Ministry of Labor and Social Security is responsible for the protection of the Foundations that do not primarily develop their functions in Andalusia.

b) High inspection

(c) 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 Administration of the State and the Autonomous Community and forms of cooperation are to participate.

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

1. The State Administration shall provide the Autonomous Community with information on the beneficial and working foundations affecting it.

2. The Autonomous Community of Andalusia, for its part, will provide the State Administration with information on the registered charitable and employment foundations. To this end, the competent Registry shall send to the Ministry of Labour and Social Security the completed copy of the Statutes of the Foundation and the amendments thereto, as well as a summary of the other entries which practice.

3. The Autonomous Community of Andalusia shall provide the State Administration with the basic data necessary for the compilation of statistics of general interest relating to the powers and services transferred, in the form required for its integration and coordination with the rest of the statistical information at the state level. For its part, the State Administration shall provide the Autonomous Community of Andalusia with statistical information which is of interest to the Community.

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

1. The Autonomous Community of Andalusia is transferred to the State goods which are collected in the detailed inventory of the attached relation number 1 *, where the buildings affected by the transfer are identified. These transfers shall be formalised in accordance with the provisions of the second transitional provision of the Autonomy Statute and other provisions in each applicable case.

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 will be signed.

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

1. The staff assigned to the services and institutions transferred and referred to nominally in the attached relationship number 2 *, will become dependent on the Autonomous Community of Andalusia in the terms legally provided for by the Statute of Autonomy. and the other rules in each applicable case and in the same circumstances as specified in the attached relationship and with their Personnel Registration number.

2. The Secretariat of the Ministry of Labor and Social Security will notify those interested in the transfer and their new administrative situation as soon as the Government approves this agreement by Royal Decree. The competent authorities of the Autonomous Community of Andalusia shall also be sent a certified copy of all the files of this staff, as well as of the certificates of haberes, relating to the amounts due in 1982, by the State Administration to modify the organic and budgetary templates according to the operated transfers.

3. The jobs of the central services affected by the final assessment of the actual cost have been included in the relationship between the transfers in the field of social assistance and services.

G) Job vacancies that are moved.

There is no.

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

H. 1 The effective cost which, according to the liquidation of the 1982 expenditure budget, corresponds to the services which are transferred to the Community, is, as a final measure, at 12,556,300 pesetas, as shown in detail in the ratio number 3.1 *. There are no fees or other income for the provision of these services.

H. 2 The financial resources allocated to cover the costs incurred in the performance of the services carried over during the financial year 1983 shall comprise the following allocations:

* Pesetas *

Budget allocations for service operation coverage (its detail appears in the ratio 3.2 *) * 13.556.300 *

Total * 12.556.300 *

H. 3 The effective cost that is detailed in the tables of valuations 3.1 will be financed in future exercises as follows:

H. 3.1 Transiently, until the corresponding Law on participation in State taxes comes into force, through the consolidation in Section 32 of the General Budget of the State of the appropriations relating 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:

Gross Costs * 1982 pesetas credits *

Personnel Expenses * 11.654,300 *

Operating expenses * 902,000 *

Investments for conservation, improvement and replacement *-*

Net Financing * 12.556,300 *

H. 3.2 The possible differences that occur during the transitional period, as referred to in paragraph H. 3.1 regarding the financing of the transferred services, will be subject to regularisation at the end 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 shall be carried out within one month of the approval of this agreement by the Council of Ministers and in accordance with the provisions of Article 8. of Royal Decree 3825/1982 of 15 December 1982.

J) Date of effectiveness of transfers.

The transfers of functions and services and the transfer of resources covered by this agreement will be effective from 1 July 1983.

And for the record, we issued this certification in Madrid at May 5, 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

Legal provisions affected by this transfer

-Instruction of 14 March 1889 for the exercise of the protectorate of the Government in the special benefit and Royal Decree of the same date by which the said Instruction is approved.

-Royal Decree of 29 August 1923 on the disposal of non-amortised buildings of the benefit-private and mixed foundations.

-Royal Decree of 28 May 1928 on the right of preference of tenants in cases of disposal of farms.

-Decree of 26 June 1935 on the swap of immovable property.

-Decree 476/1972 on authorization to Entities to arrange mortgage loans or pignoraticios.