the Royal Decree-Law twenty/thousand nine hundred and seventy-eight, of thirteen of June for which the pre-autonomous regime for Castilla-Leon was established prior to the transfer of functions and services of the State Administration to the General Council of Castilla y de León.

In this sense, by Royal Decree three thousand five hundred and thirty-two/thousand nine hundred and eighty-one, twenty-nine in December, the General Council of Castilla y de León was transferred to certain competences in the field of local administration and also the corresponding personal, material and budgetary services and services.

On the other hand, the Royal Decree two thousand nine hundred and seventy/thousand nine hundred and eighty, of twelve December, regulates the transfer of services of the State Administration to the pre-autonomous Entes, and the Royal Decrees two thousand nine hundred and sixty-eight/thousand nine hundred and eighty, twelve December, and two thousand three hundred and fifty-one/thousand nine hundred and eighty-one of eighteen September, they modified the functioning and composition of the Joint Committees of Transfers to the Preautonomic Entes.

In accordance with the provisions of the Royal Decree two thousand nine hundred and sixty-eight/thousand nine hundred and eighty, of two December, the Joint Commission of Transfers of Territorial Administration created by Ministerial Order of Twenty-five March of a thousand nine hundred and eighty-one, to consider the agreement of homogenizing the processes of transfer to the Preautonomic Entes in the field of Local Administration, as well as the need to complement the transfers until now, adopted, at its meeting of the fifteenth day of July of a thousand nine hundred and eighty two, the appropriate agreement that the Government approves under this Royal Decree.

In its virtue, making use of the authorization contained in the sixth, c), and Final Disposition of the Royal Decree-law twenty/thousand nine hundred and seventy-eight, of thirteen of June, after acceptance of the General Council of Castilla and de León, on the proposal of the Minister of Territorial Administration and after deliberation of the Council of Ministers at its meeting on 23 July of a thousand nine hundred and eighty-two, I have:

Article 1.-The proposals for transfers of competences, functions and services of the State Administration to the General Council of Castilla y de León, in the field of local administration, are approved. The Commission will also be involved in the process of the joint action programme on the implementation of the programme for the European Union.

Article 2.-One. Accordingly, the General Council of Castilla y de León shall be transferred to the powers referred to in the Agreement, which is included as Annex I to this Royal Decree and transferred to the Services and Institutions and the goods, rights and obligations, as well as the person) and budgetary appropriations to be included in the number one relationship annexed to the Joint Committee's own agreement as indicated in the terms and conditions specified therein.

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

Article 3.-The powers and functions that are transferred in this Royal Decree shall be without prejudice to those which were carried out by Royal Decree two thousand five hundred and thirty-two thousand on the same subject matter. novehundred and eighty-one, from twenty-nine in December, to the extent that they are in force.

Article 4.-These transfers will be effective from the day one of July of a thousand nine hundred and eighty-two, the date indicated in the Agreement of the Mixed Commission of Transfers.

FINAL PROVISIONS

First.-One. When, for the exercise of any of the powers transferred to the General Council of Castilla y de León by this Royal Decree, the opinion of the Council of State is required, the request of the Council of State shall be agreed by the Council of State. General de Castilla y de León, requesting it through the Ministry specifically competent in the matter in question, who will require the State Council for its issuance.

The same procedure will be followed when the General Council of Castilla and de León agrees to hear the Council of State voluntarily on any file.

Two. Except in the cases provided for in this Royal Decree, the other reports required by other bodies, other than the Council of State, which are required by the law in force, shall be maintained with the same character as they have established, but their issuance shall be the equivalent bodies that exist or are created within the General Council of Castilla y de León.

Second.-One without prejudice to the application of the regulatory legislation of the subject matter of transfer by the present Royal Decree, the legal regime of the acts of the General Council of Castile and of Leon will be accommodated to the Thirty-two/thousand nine hundred and eighty-one, of ten July, in the Law of Legal Regime of the Administration of State and in the Law of Administrative Procedure.

Two. Against the acts and agreements of the General Council of Castilla y de León, the resources that are brought in accordance with the provisions of the Law of Administrative Procedure, in the Law of the Jurisdiction and Administrative Jurisdiction, may be brought in. any other provisions that are applicable.

Third.-The delivery of the documentation and files in the processing of the services transferred, as well as the resolution of these and the processing and resolution of the administrative resources against acts of the Administration of the State will be realized in accordance with the provisions of the second article of the Royal Decree two thousand nine hundred and seventy/thousand nine hundred and eighty, twelve of December.

Fourth.-The exercise of the powers transferred to the General Council of Castilla y de León in the present Royal Decree may be delegated, if necessary, by the latter to the Provincial Diputations within its territorial scope, which, in the exercise of those powers, shall comply with the guidelines and forecasts contained in the rules of delegation.

The delegation agreements, which must be published in the Official State Gazette and the General Council of Castilla y de León, will be effective from the day following their publication in that

Fifth.-The General Council of Castilla y de León will organize the precise services and distribute among the corresponding organs the competences that are transferred by the present Royal Decree, publishing the corresponding agreements in the "Official State Gazette" and in the General Council of Castilla y de León.

Sixth.-By Order of the Ministry of Territorial Administration the precise provisions for the development and implementation of this Royal Decree will be dictated.

Seventh.-The budget appropriations detailed in relation to one point two, as effective casualties in the General Budget of the State for the financial year of one thousand nine hundred and eighty-two, will be discharged in the concepts of origin and transferred by the Ministry of Finance to the concepts set out in Chapters IV and VII of Section 30 and two, intended to finance the services assumed by the Preautonomic Entes and Autonomous Communities once which are referred to the Department cited by the Budgetary Offices of the Ministries of the Internal and Territorial Administration of credit retention certificates accompanied by a brief report of such offices in order to comply with the provisions of Annex I, first. (a) point two of the Law on the General Budget of the State for a thousand nine hundred and eighty-two.

Eighth.-This Royal Decree will enter into force on the same day as its Publication in the Official Journal of the State.

Given in Madrid to twenty-four of July of a thousand nine hundred and eighty-two.-JUAN CARLOS R.-The Minister of Territorial Administration, Rafael Arias-Salgado and Montalvo

ANNEX I

Don J. F. H S., Secretary of the Joint Commission of Territorial Administration, certifies:

The agreement on transfer to the General Council of Castilla y de León of the powers and functions of local administration was adopted at the plenary session of the Commission held on 15 July 1982. terms that are reproduced below:

A) REFERENCE LEGAL PROVISIONS

The Constitution in Article 148, 1, 2. establishes that the Autonomous Communities will be able to assume powers in the field of alterations of the municipal areas within its territory and in general the functions that correspond to the State Administration on Local Corporations and whose transfers authorize the legislation on local arrangements and, Article 149, 1.18, reserves the State exclusive competence on the basis of the Legal Regime of the General government and the statutory scheme of its officials, which in any event ensure that they are treated in common with them.

The Law of Local Regime and its Regulations of Development, the Law of Soil, the Law of Compulsory Expropriation and other provisions cited in Annex II attribute to the State Administration certain powers in matters of Local administration, therefore it seems necessary and it is strictly legal to reach agreement on the transfer of competences, in the indicated matter, to the General Council of Castilla y de León, in order to fulfill the objectives of its creation.

B) COMPETENCE AND FUNCTIONS ASSUMED BY THE GENERAL COUNCIL OF CASTILLA Y DE LEÓN

They are transferred to the General Council of Castilla y de León, within their respective territorial scope and in the terms of this agreement, the execution of the following powers and functions:

1. Territorial demarcation.

1.1. The segregation of part of a municipality to add to another border.

1.2. Management, instruction, report and resolution of cases of alteration of municipal terms involving the creation or deletion of municipalities, without prejudice to the basic legislation of the State on Local Administration provided for in Article 149, 1, 18 of the Constitution.

2. Organization.

2.1. The initiation of office, ordination, instruction and approval of the files of the formation of the Association of Municipalities for the holding of unique places of National Bodies and the approval of its Statutes.

2.2. The constitution of the Commonwealth of Provinces within the territorial jurisdiction of the Preautonomic Ente and the approval and modification of its Statutes.

2.3. The approval of the accessions agreed by the Councils to a Municipal Voluntary Commonwealth is constituted and the separations, subject to the statutory forecasts.

2.4. The resolution on complaints concerning the administration of the Communities of Villa and Land where they exist, and other similar Entes, and the constitution of the respective municipalities in Forzosa Grouping.

2.5. The receipt of a copy of the Statutes in force of the Communities of Villa and Earth, where they attend, and other analogous Entes as well as of the reports on its rules of operation and copy of the modifications of those or of these.

3. Legal regime.

3.1. The concession to the Local Corporations of treatment honors or distinctions, as well as the granting to the Municipalities and provinces of titles, slogans and dignity, prior to the instruction of the file and the approval of Escudos Heraldicas municipal, previous report of the Royal Academy of History.

3.2. The authorization for the exercise by the neighbors of the actions of name and in the interest of the Local Entities.

3.3. The resolution of the questions of competence that arise between Local Entities belonging to the territory of the Autonomous Real.

4. Assets of the Local Corporations.

4.1. The adoption of the rules governing the use of communal goods.

4.2. The authorization of the awards in public auction of the enjoyment and exploitation of communal goods, by price.

4.3. The declaration of urgent occupation of the goods affected by forced expropriations in files instructed by Local Corporations.

4.4. The authorization for the direct award of the right to land on land of his property, for the construction of dwellings, complementary services, industrial and commercial installations or other buildings determined in management plans, where it is legally necessary.

5. Local Services.

5.1. The approval of the case files for the municipality of services, under monopoly, as referred to in Article 166, 1, of the Local Regime Law.

5.2. The approval of the files for processing of municipal services on a monopoly basis, as referred to in Article 166, 1. of the Law of Local Regime.

5.3. The approval of the files for the conversion of municipal services into a system of free competition with a monopoly regime as referred to in Article 166, 1, of the Law of Local Regime.

5.4. The approval or intervention in the cases of extinction of municipal services under monopoly, > as referred to in Article 166, 1, of the Law of Local Regime.

5.5. The agreement on the continuation of the kidnapping of a concessionaire of a public service, until the end of the concession, in case of disobedience to the norms on the conservation of the works and facilities or of bad faith in the execution of the same.

5.6. The approval of the Regulations for the health services of the Provincial Diputations.

6. Recruitment.

The determination of the municipalities by reason of the population for which they can be set up-type of general managed clauses for the different classes of contracts and the approval of those type-fold.

C) COMPETENCIES, SERVICES AND FUNCTIONS RESERVED BY THE STATE ADMINISTRATION

Consequently, with the relationship of past competences, the competencies that correspond, according to the legislation, will remain in the Ministry of Territorial Administration and (Directorate General of Local Administration). in force, on the following subjects:

1. Organization.

1.1 Organic and economic charter.

1.2. Creation of Metropolitan Corporations and approval of their Statutes, except that the Autonomous Community has been established by the Autonomous Community.

1.3. Altering the name and boundaries of a province

1.4. Provincial communities affecting provinces of different Autonomous Communities or Preautonomic Entes.

2. Legal regime.

2.1. Authorization for the appointment of honorary members of local corporations to foreigners.

2.2. Resolution of competition issues between Local Entities of different Preautonomic Entes or Autonomous Communities

2.3. Impeachment-suspension of the acts and agreements of the Local Corporations when they infringe the law and directly affect the competence of the State.

2.4. Challenge of the agreements of the Local Corporations when they incur in violation of the legal system.

2.5. Receipt of the extract of the acts and agreements adopted by the Local Rations within the legally established period, without prejudice. of its referral to the Autonomous Communities and Preautonomic Entes, for the purposes provided for in the fifth final provision of Law 1O/1981 of 28 October.

2.6. Warning about the possible illegality of the Ordinance and Regulations of the Ayuntamas of the province of Madrid and Ceuta and Melilla.

2.7. Non-execution of judgments of the Jurisdiction-Administrative Jurisdiction affecting Local Corporations, where appropriate legally applicable

3. Intervention regime.

3.1. Dissolution of Councils, Councils and Island Councils and Provincial Diputations for damage to the general interests of the State.

3.2. Suspension in his duties of the Presidents and Elective Members of Local Corporations for serious public order reasons.

3.3. Requirement of a Local Corporation and, where appropriate, adoption of the necessary measures for the enforced enforcement of the obligations imposed by the Constitution or the Laws of the State.

4. Local Services.

4.1. Municipal services in the form of a monopoly which affect the general interests and their transformation and extinction.

4.2. Provincialisations of services under a monopoly.

4.3. Acquisition by a Local Corporation of more than 50 per 100 of the total shares of a Mercantile Company, if the municipality is in a monopoly regime and affects the general interest.

4.4. Statutes of the Consorcios when one of the Consorcised Entes is the State, an Autonomous Body or a Local Corporation located outside the territory of the Autonomous Community or of the Preautonomic Ente.

4.5. Grants from the Corporations to services of national interest.

5. Relations with the Local Corporations.

Technical and legal advice to the Local Corporations at their request, without prejudice to the possibility of the Autonomous Communities and the Preautonomic Entes, also at the request of those.

6. Personal.

6.1. Selection, management and administration of the National Local Administration Corps and how many other issues relate to them.

6.2. Reception of the agreements of the Local Corporations in the field of personnel and their statistical study.

6.3. Creation and suppression of the Municipal Police in municipalities of less than 5,000 inhabitants.

6.4. Creation and suppression of the Provincial Police Corps.

6.5 Approval of the norms that are generally and least dictated for the operation of Force Groups of Municipalities with a population of less than 5,000 inhabitants for the support of the Municipal Secretariat and, in its case, of the precise common staff.

7. Any other function or activity which the current legislation confers upon it or may attribute to it and which has not been expressly subject to transfer.

The related functions and competencies are assigned to the following services:

(a) To the Civil Governments as specified in paragraphs 2.3, 2.4, 2.5 and 2.6.

(b) To the General Secretariat of Local Government of the Directorate-General for Local Administration as specified in paragraphs 1.1, 1.2, 1.3, 1.4, 2.1 2.2: 2.3, 2.4, 2.5 and 2.6 as soon as they relate to the City of Madrid; 2.7, 3.1, 3.2, 3.3, 4.1, 4.2. 4.3, 4.4, 4.5 and 5.

(c) To the General Staff Subdirectorate of the Directorate-General for Local Administration as specified in paragraphs 2.7, 5. 6.1, 6.2, 6.3, 6.4 and 6.5.

D) GOODS, RIGHTS AND OBLIGATIONS OF THE STATE BEING TRANSFERRED

They are not moved.

E) PERSONNEL ASSIGNED TO THE SERVICES AND INSTITUTIONS THAT ARE TRANSFERRED

They are not moved.

F) VACANT JOBS THAT ARE MOVED

They are not moved.

G) PPOSOCIAL ASSESSMENT OF THE FINANCIAL BURDENS OF THE SERVICES TRANSFERRED

G. 1. The actual cost of the services transferred is pending the final calculation, which must have been completed and adapted before 1 November of the current year. The cash cost on a provisional basis appears in the 1.1 * relations, relating to the Ministries of the Interior and the Territorial Administration.

G. 2. The financial resources allocated to cover the expenditure incurred in the performance of the services carried over during the 1982 financial year shall include the following allocations:-budgetary allocations for expenditure cover (its details are included in the relations 1.2 *, in the Ministries of the Interior and the Territorial Administration), for an amount: 717,648 pesetas.

H) DATE OF EFFECTIVENESS OF TRANSFERS

The transfer of powers and the transfer of resources covered by this agreement would be effective from 1 July 1982.

And for the record, I am issuing this certification in Madrid on July 15, 1982.-The Secretary of the Joint Commission.

* The inclusion of these relationships is omitted.

ANNEX II

LEGAL PRECEPTS AFFECTED

Paragraph 1.1. Articles 12, 4.; 18, 19 and 20 of the Local Regime Act.

Articles 4.4. 11, 12, 13, 14, 19. 23 and 24 of the Population and Territorial Demarcation Regulation of Local Entities.

Paragraph 1.2. Articles 12, 1, 2. and 3.; 13, 14, 15, 16, 17 and 20 of the Law of Local Regime.

Items 4. 1., 2. and 3.; 5, 6, 7, 9, 10, 14, 15, 16, 17, 18,. 20, 21 and 22 of the Population Regulation and Territorial Demarcation.

Section 2.1. Articles 2, 1, a) and 2 and 3, 1, of the partial text of Law 41/1975 of Bases of the Statute of Local Regime, approved by Royal Decree 3046/1977 of 6 October 1977.

Article 188 of the Local Administration Officials ' Regulations.

Section 2.2. Articles 18 to 22 of the text of Law 75 of Bases of the Statute of Local Regime approved by Royal Decree 3046/1977 of 6 October.

Section 2.3. Article 61 of the Population and Territorial Demarcation Regulation of Local Entities.

Section 2.4. Article 17, 2, of the partial text of Law 41/1975 of Bases of the Statute of the Local Regime approved by Royal Decree 3046/1977 of 6 October 1977.

Section 2.5. Article 10 of the Population and Territorial Demarcation Regulation of Local Entities.

Section 3.1. Articles 300 and 301 of the Rules of Procedure, Operation and Legal Regime of Local Corporations.

Section 3.2. Article 371 of the Law of Local Regime.

Section 3.3. Article 384 of the Law of Local Regime.

Section 4.1 Article 78 of the Local Entities ' Goods Regulations.

Section 4.2. Article 192, 3, of the Law of Local Regime.

Article 81 of the Local Entities ' Goods Regulation.

Section 4.3. Article 52 of the Law on Compulsory Expropriation.

Article 56 of the Regulation of the Compulsory Expropriation Act.

Section 4.4. Article 172, 1, of the recast of the Law on Soil and Urban Planning adopted by Royal Decree 134 /1976 of 9 April.

Section 5.1. Article 169 of the Law of Local Regime.

Article 64, 1., of the Services Regulation of the Local Corporations.

Section 5.2. Article 169 of the Law of Local Regime.

Article 64.1., of the Local Corporate Services Regulation

Articles 96 and 97 of the Services Regulation of Local Corporations.

Section 5.3. Article 169 of the Law of Local Regime.

Article 64.1., of the Services Regulations of local corporations.

Paragraph 5.4 Article 169 of the Local Regime Law.

Article 64.1., of the Services Regulation of the Local Corporations.

Articles 98 and 99 of the Services Regulation of Local Corporations.

Section 5.5. Article 131, 2, 2., of the Services Regulation of local corporations.

Section 5.6. Article 4. Numbers 4 and 5 of the Staff Regulations of the Local Health Services of 27 November 1953.

Paragraph 6. Article 124 of the partial text of Law 41/1975 of Bases of the Statute of the Local Regime approved by Royal Decree 3046/1977 of 6 October.