Royal Decree 3579/1982, of 15 December, for which the organic structure of the Ministry of Transport, Tourism and Communications was modified, I believe, with the organic rank of Subdirección General and under the direct dependence of the Secretariat of the Department, the General Inspection of Services.

Subsequently, Royal Decree 3773/1982 of 22 December, created the General Inspection of Services of the Public Administration, which corresponds to the exercise of the powers legally conferred on the Presidency of the Government in the field of inspection of services.

According to the provisions laid down in the last of the provisions cited and in compliance with the provisions of Royal Decree 3579/1982 of 15 December 1982, it is essential to determine the fundamental rules and rules to which The General Inspection of Services of the Ministry of Transport, Tourism and Communications shall be organised and operated.

In its virtue, with the approval of the Presidency of the Government, on a proposal from the Minister of Transport Tourism and Communications, and after deliberation of the Council of Ministers at its meeting of 23 February 1983, I have:

Article 1. 1. Under the top management of the Minister and the immediate dependency of the Deputy Secretary, the General Inspectorate of Services of the Ministry of Transport, Tourism and Communications will perform the inspection duties on all the Management Centres, dependencies, peripheral organs and autonomous bodies assigned to the Department, as provided for in the Law of Legal Regime of the State Administration and the Law of Legal Regime of the Autonomous State Entities.

2. The Inspections currently existing in the Ministry will continue to perform their duties in accordance with the legislation in each applicable case. However, the powers of inspection which may be required for them in relation to the matters referred to in Article 2. This Royal Decree shall be subject to the direction, supervision and coordination of the General Inspection of Services.

3. In any event, the exercise of the inspection duties shall be in accordance with the general rules and guidelines which, according to the powers conferred upon it by the laws in force, dictate the General Inspection of Services of the Public Administration.

Art. 2. 1. The General Inspectorate for Services shall be responsible for the following tasks:

(a) To monitor the proper and effective functioning of the services and to propose, where appropriate, the measures to address the deficiencies and anomalies that are reported.

b) Examine the books, files, minutes and other administrative documents in order to verify that the procedures followed and the agreements adopted are in accordance with the laws and regulations in force.

c) Inform the Assistant Secretary on the distribution, performance and adequacy of the personnel assigned to the different Units and dependencies, as well as the material means available to them and the respective burdens of work.

d) Propose to the Assistant Secretary and, where appropriate, the Technical Secretary-General the necessary measures on resignation of personnel, and those other aimed at improving the efficiency and dedication of the staff and, in general, the most appropriate operation of the services.

e) Practice actions that proceed with respect to the complaints made by the administered in relation to the functions of the various centers, units and dependencies of the Ministry and propose, if necessary, to the Deputy Secretary, the adoption of appropriate measures.

(f) Propose to the competent bodies, through the Undersecretary, the initiation of disciplinary proceedings where in the course of an inspection there are reasonable indications of responsibility for the activity of any official.

g) Propose to the Assistant Secretary to pass so much to the Judges and Courts when in any investigation or case there are reasonable indications of criminal responsibility.

(h) Propose to the Deputy Secretary the transfer to the Court of Auditors of all those matters for which such an organ is required to be known and which have been warned on the occasion of the inspector's function.

i) To advise and inform the various peripheral centres and organs of the Ministry and the self-employed bodies attached to it on matters of the competence of the General Inspectorate.

j) Any other function which, within the specific nature of the General Inspection of Services, may be attributed to it by the Minister or the Deputy Secretary of the Department.

2. The powers and powers of the General Inspectorate of Services shall be understood, in any case, without prejudice to the powers conferred on the General Inspectorate of Public Administration Services and those relating thereto. own units to the Directorates-General of the Department.

Art. 3. 1. The General Inspection of Services shall be composed of the following bodies:

a) The Chief Inspector General.

b) General Inspectors.

2. A coordination and documentation unit shall be provided directly by the inspector general, to which the exercise of all the administrative and internal functions of the General Inspection of Services shall be carried out.

3. The number of general inspectors and the configuration of the Coordination and Administration Unit referred to in the preceding number shall be determined by the provisions governing the organic structure of the Ministry of Transport, Tourism and Communications.

Art. 4. 1. The Chief Inspector shall be responsible for the following tasks:

a) Lead and coordinate the action of all organs and units dependent on the General Inspectorate.

b) Propose the annual program of inspections of the Inspectorate.

c) To know and approve, before its elevation to the Undersecretary, the reports prepared by the General Inspectors.

(d) Elevan the Minister and the Assistant Secretary for the annual report on the operation of the Inspectorate.

e) To direct, supervise and coordinate all internal inspection activities carried out within the services of the Ministry or its Autonomous Bodies.

f) Perform those other functions entrusted to you by the Minister or the Department's Assistant Secretary.

2. The General Inspectors shall have as a function the conduct of the regular and extraordinary inspections assigned to them by the Chief Inspector-General, as well as the collaboration with the Chief Inspector in all matters entrusted to them.

Art. 5. 1. The Inspections will be of two classes: ordinary and extraordinary.

2. These are ordinary inspections carried out in compliance with the Annual Inspection Program, which will be approved by the Secretary of State and will refer to the normal functioning and development of all the services dependent on the Department or its autonomous bodies.

Ordinary inspections shall be carried out in accordance with the provisions of this Royal Decree.

3. Extraordinary Inspections shall be deemed to be those that are carried out outside of the Annual Inspection Program and are ordered by the Minister or Deputy Secretary of the Department or promoted by the Inspectorate General. Public Administration Services. Extraordinary inspections shall be carried out in accordance with the instructions which, in each case, shall be issued by the authority which orders them.

Art 6. 1. In the performance of their duties, the General Inspectors may collect from all the management centres, peripheral bodies or autonomous bodies attached to the Ministry, any data, background and documents deemed necessary for the purpose of the development of their activity.

2. The authorities and officials of the Ministry or its autonomous bodies, whatever their rank or category, territorial scope of action or nature of their powers, shall provide assistance and cooperation to the Inspectors-General in the fulfilment of their obligations

Art. 7. The Chief Inspector General and the General Inspectors shall be appointed among career civil servants of the State in which the following requirements are met:

a) Belong to a Corps or Escalas for whose income is required from Licentiate, Engineer or Architect.

b) Contar with more than ten or five years of effective services in the Civil Administration of the State for the performance, respectively, of the charges of Chief Inspector General or Inspector General. Such services shall have been provided in any of the Bodies or Escalations referred to in paragraph (a) of this Article.

(c) Not having been punished for a serious or very serious lack of disciplinary action.

Art. 8. The functions of the General Inspection of Services will be developed, mainly through the practice of inspection visits, the issuance of reports and the proposal for the adoption of corrective, precautionary or reform measures.

Art. 9. The exercise of the inspection duties shall be carried out under exclusive dedication and shall be incompatible with the performance of any other office, profession or activity, public or private.

FINAL PROVISIONS

First.-The Minister of Transport, Tourism and Communications is hereby authorized to make any provisions necessary for the development and enforcement of this Royal Decree.

Second.-As many provisions of the same or lower rank are repealed, the provisions of this Royal Decree are hereby repealed.

Given in Madrid to 23 February 1983.-JUAN CARLOS R.-The Minister of Transport, Tourism and Communications, Enrique Barón Crespo.