The Statute of Autonomy for Cantabria, approved by the Organic Law eight/thousand nine hundred and eighty-one, of thirty December recognizes the Regional Diputación de Cantabria, in its article twenty-two point two, to competition In the case of changes in the municipal terms, the functions corresponding to the State Administration on Local Corporations, and the transfer of which is authorized by the legislation on local regime. Having agreed directly to the condition of the Autonomous Community, without going through an interim system of pre-autonomy, the Regional Council of Cantabria must receive by transfer the powers and functions that correspond to it, according to its Statute, and have been the subject of transfer to other Autonomous Communities.

The Royal Decree 1 000 hundred and fifty-two/a thousand nine hundred and eighty-two, of twenty-eight May, determines the rules and the procedure to which transfers of functions and services of the State to the Community have to be adjusted Autonomous de Cantabria.

In accordance with the provisions of the aforementioned Decree, which also regulates the operation of the Joint Transfer Commission provided for in the transitional provision seventh of the Statute of Autonomy for Cantabria, this Commission After considering its appropriateness and legality, at its meeting on the 19th of July of a thousand nine hundred and eighty-two, it adopted the appropriate agreement on the transfer of powers and functions of the State Administration to the Autonomous Community, the practical virtuality requires the approval of the Government by means of Royal Decree, immediate objective of the present.

In its virtue, on the proposal of the Minister of Territorial Administration and after deliberation of the Council of Ministers at its meeting on the twenty-third of July of a thousand nine hundred and eighty-two, I have:

Article 1.-The agreement of the Joint Commission on Transfers provided for in the seventh transitional provision of the Statute of Autonomy for Cantabria, dated 19 July of a thousand nine hundred and eighty-two, is approved. The transfer of competences and functions of the State in the matter of Local Administration to the Regional Diputación of Cantabria and the corresponding services and institutions and personal, material and budgetary means for the exercise of those.

Article 2.-One. Consequently, the Regional Council of Cantabria is transferred to the competences referred to in the agreement which is included as an aneXo of this Royal Decree and transferred to it the Services and institutions and the goods, rights and obligations, as well as the staff, budget appropriations and documentation and files contained in the number one relationship to two attached to the agreement of the Joint Committee 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 transfers referred to in this Royal Decree will be effective from the day one of July of a thousand nine hundred and eighty-two indicated in the agreement of the Joint Commission.

Article 4.-The budgetary appropriations which are detailed in the two-point ratio, as effective casualties in the general budget of the State for the financial year of a 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 they are referred to the Department cited by the Budgetary Offices of the Ministries of the Interior and Territorial Administration the certificates of retention of credits accompanied by a brief report of those offices to comply with the provisions of point two of Annex I, point two, of the Law of General budgets of the State for a thousand nine hundred and eighty-two.

Article 5.-This Royal Decree shall enter into force on the day of its publication in the Official Journal of the State.

Given in Madrid to twenty-four in 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 E. C. V. and Don J. P. L., Secretaries of the Joint Commission provided for in the additional seventh provision of the Statute of Autonomy of Cantabria, certify:

The agreement was reached at the plenary session of the Commission on 15 July 1982 to ratify the proposals on transfers of powers, functions and services of local administration, adopted by the Commission. Mixed of the Transfers of Territorial Administration, at its meeting of 15 July 1982, in the following terms:

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

The Constitution, in its article 148.1, 2, states that the Autonomous Communities will be able to assume powers in terms of alterations of the municipal terms understood in their territory and, in general, the functions that correspond to the State Administration on Local Corporations and whose transfer authorizes the legislation on Local Regime, and in Article 149.1.18 reserves the State exclusive competence on the basis of the Legal Regime of the Public administrations and the Statutory Regime of its officials, which, in any event, ensure that they are treated in common with them.

For its part the Statute of Autonomy for Cantabria establishes in its article 22.2 that it corresponds to the Regional Diputación de Cantabria the exclusive competence in terms of the alterations of the municipal terms its territory and in general the functions that correspond to the State Administration on Local Corporations and whose transfer authorizes the legislation on Local Regime.

On the basis of these constitutional and statutory provisions it is legally possible for the Autonomous Community of Cantabria to have powers in the areas of Local Administration, so it is necessary to operate already in this field. transfers of such a kind to the same, thus initiating the process.

The Law of Local Regime and the Regulations that develop it, the Law of Soil, the Law of Compulsory Expropriation and other provisions cited in Annex II attribute to the State Administration certain competences in matters Local administration, as it seems necessary and strictly legal to reach agreement on the transfer of competences in the field indicated to the Regional Council of Cantabria in order to fulfill the objectives of its creation and for enable the constitutional requirement of the territorial organisation of the designed State.

B) Competences and functions assumed by the Autonomous Community of Cantabria.

It is transferred to the Autonomous Community of Cantabria 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 Journal of the State, (b) the following powers in matters of local administration under Article 22.2 of the Statute of Autonomy for Cantabria of Article 148.1, 2. of the Constitution:

1 Territorial Demarcation.

1.1. The constitution and dissolution of Minor Local Entities.

1.2. The deslindes of municipal terms.

1.3. The distribution of the municipal term in districts and the reform, increase or decrease of the existing ones.

1.4. The initiation of trade in the case of changes in municipal terms.

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

1.6. 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 cases of formation of a grouping of municipalities for the holding of single places of National Bodies and the approval of its Statutes.

2.2. The constitution of voluntary municipal communities and forced groupings of municipalities.

2.3. The forced grouping of municipalities with a population of less than 5,000 inhabitants for the provision of public services considered essential by the Law in cases where those lack sufficient economic resources.

2.4. The alteration of the names and capital of the municipalities.

2.5. The approval of the accessions agreed by the Ayuntamas to an already constituted Municipal Voluntary Commonwealth and the separations, subject to the statutory forecasts.

2.6. 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 forced grouping.

2.7. The receipt of a copy of the Statutes in force of the Communities of Villa and Earth, where they exist, 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 warning about possible violations of the Ordinance and Regulations of the Local Corporations.

3.2. The concession to the Local Corporations of treatments, honors or distinctions, as well as the granting to the municipalities of titles, slogans and dignity, prior to the instruction of files, and the approval of municipal heraldic shields, previous Report of the Royal Academy of History.

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

3.4. The resolution of the competition issues that arise between Local Entities belonging to the territory of the Autonomous Community.

4. Intervention regime.

The dissolution of the Boards of Directors when their management is seriously harmful to the general interests of the Autonomous Community and, consequently, not when they damage the general interests of the State

5. Assets of the Local Corporations.

5.1. The authorization of the cases of disposal, permuse or lien of real estate owned by the Local Corporations when their value exceeds 25 per 100 of the annual budget of the Corporation.

5.2. Prior knowledge of the cases of disposal, permuse or lien of real estate owned by the Local Corporations when their value does not exceed 25 per 100 of the annual budget of the Corporation.

5.3. The authorization for direct sale or permuse in favor of owners adjacent to unusable and leftover parcels of public roads when the value of the goods exceeds 25 per 100 of the annual budget of the Corporation.

5.4. Prior knowledge in the case of direct sale or permuse in favor of owners adjacent to unusable and leftover parcels of public road when the value of the goods does not exceed 25 per 100 of the annual budget of the Corporation.

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

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

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

5.8. The authorization for the direct award of the right of surface on land of his property. for the construction of dwellings, complementary services, industrial and commercial installations or other modifications determined in the Planning Plans where it is legally necessary.

5.9. The authorisation of transactions on property and local heritage rights.

5.10. The approval of agreements subject to the judgment of arbitrators on disputes arising out of property and rights of the local heritage.

5.11. The approval of the Special Ordinance for the enjoyment and use of communal mountains.

5.12. The approval of cases of disaffection of communal property of the Local Corporations.

5.13. The approval of the dossiers for the inclusion of communal goods in a parcelary concentration.

6. Local services.

6.1. The approval of the Statutes of the Consorcios constituted by the Local Corporations with Public Entities, except when one of the Consorcated Entes is the State, an Autonomous Body of this Local Corporations located outside of the territory of the Autonomous Community.

6.2. The approval of the case files for the municipality of services, under monopoly, as referred to in Article 166.1 of the Law of Local Regime.

6.3. The approval of the files for processing of municipal services on a monopoly basis as referred to in Article 166.1 of the Local Regime Law.

6.4. 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 on Local Regime.

6.5. 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.

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

7. Recruitment.

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

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

As a result of the relationship of past competences, they will remain in the Ministry of Territorial Administration (Directorate General of Local Administration) the competencies that correspond to it, according to the legislation in force, on the following subjects:

1. Organization.

1.1. Organic and economic charter.

1.2. Creation of Metropolitan Corporations and approval of its Statutes, except that the Autonomous Community has assumed this competence.

1.3. Alteration of 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 the Local Corporations to foreigners.

2.2. Resolution of the questions of compstence 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 Corporations within the legally established period, without prejudice, in addition, to their remission to the Autonomous Communities and Preautonomic Entes. The fifth final provision of Law 40/1981 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 judicial-administrative jurisdiction affecting Local Corporations, where appropriate legally.

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. The use of mono-polio-like service for general interests, as well as its 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 Cope 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 rules 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, where appropriate, of the staff precise common.

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 that are transferred.

They are not moved.

The personnel assigned to the services and institutions that are transferred.

1. The staff assigned to the services and institutions transferred and which are nominally referred to in the attached relationship number 1.1 * will continue with this membership, going on to depend on the corresponding Autonomous Community, in the legal terms provided for by the Autonomy Statute and the other rules in each applicable case and in the same circumstances as specified in the attached relationship and with their Personal Registration number

2. The transfer shall be notified to the persons concerned by the Secretariat of the Ministry of the Interior and other competent staff. A copy of all the files of this transferred staff will also be sent to the competent bodies of the Autonomous Community of Cantabria, and the State Administration will modify the organic and budgetary templates in function of the operated transfers.

F) Job vacancies that are transferred.

The job vacancies that are transferred are detailed in the ratio number 1.2 *.

G) Provisional assessment of the financial burdens of the services transferred:

1. The actual cost of the services transferred is pending its final calculation, which must have been completed and accepted before 1 November of the current year. The cash cost on a provisional basis appears in the relations 2.1 * relating to the Ministries of the Interior and the Territorial Administration.

2. The financial resources intended to cover the costs incurred in the performance of the services carried over during the 1982 financial year shall include

following allocations:

-Budget allocations for operating expenditure coverage (details are given in the 2.2 * relations, relating to the Ministries of the Interior and the Territorial Administration), for an amount of: 342,972 pesetas.

H) Documentation and records of the services being transferred.

The delivery of the documentation and files of the transferred services will be carried out within one month, from the publication of the Royal Decree of transfer.

I) 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 at 19 July 1982.-The Secretaries of the Joint Commission, E. C. V. and J. P. L.

* The inclusion of this relationship is omitted.

ANNEX II

* Legal precepts affected *

Paragraph 1.1. * Articles 23 to 28 of the Law of Local Regime. *

* Articles 41 to 52 of the Population Regulation. *

Paragraph 1.2. * Article 21 of the Law of Local Regime. *

* Articles 26 to 31 of the Population Regulation. *

Section 1.3. * Article 3. of the Population Regulation and Territorial Demarcation. *

Section 1.4. * Articles 20 to 28 of the Law of Local Regime. *

* Article 14 of the Population and Territorial Demarcation Regulation. *

Section 1.5. * Articles 12, 4.; 18, 19 and 20 of the Law of Local Regime. *

* Articles 4, 4, 11, 12, 13, 14, 19, 23 and 24 of the Population and Territorial Demarcation Regulation. *

Paragraph 1.6 * Articles 12, 1., 2. and 3.; 13, 14, 15, 16, 17 and 20 of the Law of Local Regime. *

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

Section 2.1. * Articles 2, 1, a), 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. *

* Article 188 of the Local Administration Officials ' Regulations. *

Section 2.2. * Articles 10 to 17 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 *

Section 2.3. * Articles 2., 4., and 5. of the partial text of Law 41/1975 approved by Royal Decree 3046/1977 of 6 October 1977. *

Section 2.4. * Article 22 of the Law of Local Regime. *

* Article 34 of the Population and Territorial Demarcation Regulation. *

Section 2.5. * Article 61 of the Population and Territorial Demarcation Regulation of Local Entities. *

Section 2.6. * Article 17.2 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 *

Paragraph 2.7. * Article 70 of the Population and Territorial Demarcation Regulation of Local Entities. *

Paragraph 31 * Articles 109 and 110, in relation to the 362.1, 4., and 366 of the Local Regime Act. *

Section 3.2. * Articles 300 and 301 of the Rules of Organization, Operation and Legal Regime of Local Corporations. *

Section 3.3. * Article 371 of the Law of Local Regime. *

Section 3.4. * Article 384 of the Law of Local Regime. *

Paragraph 4. * Article 422.2 of the Law of Local Regime. *

Section 5.1. * Article 189 of the Law of Local Regime. *

* Article 95 of the Goods Regulation. *

Section 5.2. * Article 189 of the Law of Local Regime. *

* Article 95 of the Goods Regulation. *

Paragraph 5.3 * Article 189 of the Local Regime Act. *

* Article 7., 95 and 100 of the Local Corporate Assets Regulation *

* Article 6. of the Local Government Regulations. *

Paragraph 5.4. * Article 189 of the Law of Local Regime. *

* Articles 7., 95 and 100 of the Local Entities ' Goods Regulations. *

* Article 6. of the Local Government Regulations. *

Section 5.5. * Article 78 of the Local Entities Goods Regulations *

Section 5.6 * Article 192.3 of the Local Regime Act. *

* Article 81 of the Local Entities ' Goods Regulations. *

Paragraph 5.7. * Article 52 of the Compulsory Expropriation Act. *

* Article 56 of the Regulation of the Compulsory Expropriation Act. *

Paragraph 5.8. * Article 172.1 of the recast text of the Law on Soil and Urban Planning, approved by Royal Decree 1346/1976 of 9 April. *

Paragraph 5.9. * Article 659.2 of the Law of Local Regime. *

* Article 340 of the Rules of Organization, Operation and Legal Regime of Local Corporations. *

Paragraph 5.10. * Article 659.3 of the Law of Local Regime. *

Paragraph 5.11. * Article 192.4 of the Law of Local Regime. *

* Article 86 of the Goods Regulation. *

Paragraph 5.12. * Article 194 of the Law of Local Regime. *

* Article 83 of the Goods Regulation. *

Paragraph 5.13. * Joint Order of the Ministry of Government and Agriculture of July 20, 1956. *

Paragraph 6.1. * Article 107 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. *

Paragraph 6.2. * Article 169 of the Law of Local Regime. *

* Article 64, 1.5, of the Local Corporate Services Regulation. *

Section 6.3. * Article 169 of the Law of Local Regime. *

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

* Articles 96 and 97 of the Local Corporate Services Regulation. *

Section 6.4. * Article 169 of the Law of Local Regime, *

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

Section 6.5. * Article 169 of the Law of Local Regime. *

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

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

Section 6.6. * Article 131.2, 2., of the Services Regulation of Local Corporations. *

Paragraph 7. * Article 124 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. *