the Royal Decree-Law nineteen/thousand nine hundred and seventy-eight of 13 June, for which the pre-regional regime for Extremadura was established, prior to the transfer of functions and services of the State Administration to the Regional Board of Extremadura.

In this sense, by Royal Decree two thousand nine hundred twelve/thousand nine hundred and seventy-nine of twenty-one of December, certain competences in the field of Local Administration were transferred to the Regional Board of Extremadura.

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 Preautonomic Entes, and the Royal Decrees two thousand nine hundred and sixty-eight/thousand nine hundred and eighty, twelve of December, and two thousand three hundred and fifty-one/thousand nine hundred and eighty-one, of eighteen of September, modified the operation of the Joint Committees of Transfers to the Entes Pre-autonomics.

According to the provisions of the Royal Decree two thousand nine hundred and sixty-eight/thousand nine hundred and eighty, of 12 December, the Joint Commission of Transfers of Territorial Administration, created by Ministerial Order of Twenty-five-hundred and eighty-one, after considering the desirability of homogenizing the processes of transfer to the Preautonomic Entes in the field of Local Administration, as well as the need to supplement the transfers until now, adopted, at its meeting of the fifteenth day of July of a thousand nine hundred Eighty-two, the appropriate agreement, which the Government approves under this Royal Decree.

In its virtue, making use of the authorization contained in articles eight, c), and ninth of the Royal Decree-law nineteen/thousand nine hundred and seventy-eight, of thirteen of June, upon acceptance of the Regional Board of Extremadura, to Proposal of the Minister of Territorial Administration and after deliberation of the Council of Ministers at its meeting of the twenty-third day of July of a thousand nine hundred and eighty-two, I have:

Article 1.-The proposals for the transfer of competences, functions and services of the State Administration to the Regional Board of Extremadura 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. Consequently, the powers referred to in the agreement included as Annex I to this Royal Decree and transferred to the Services and Institutions and the goods, rights and property are transferred to the Regional Board of Extremadura. obligations, as well as the staff and budgetary appropriations contained in the relations numbers one and two attached to the agreement of the Joint Committee indicated, in the terms and conditions specified therein.

Two, in Annex II to this Royal Decree the legal provisions affected by the present transfer are collected.

Article 3.-The powers and functions that are transferred in this Royal Decree shall be without prejudice to those on the same subject that were made by the Royal Decree two thousand nine hundred twelve/thousand nine hundred Seventy-nine of the twenty-first of December, to the extent that they are in force.

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

FINAL PROVISIONS

First.-One. When, for the exercise of any of the powers transferred to the Regional Board of Extremadura by this Royal Decree, the opinion of the State Council is required, the request of the Council of State shall be agreed by the expressed Board, requesting it through the Ministry specifically responsible for the matter in question, who will require the State Council to issue it.

The same procedure will be followed when the Regional Board of Extremadura agrees to hear voluntarily from the State Council on any file.

Two. Except in the cases provided for in this Royal Decree, the other reports required by the legislation in force from other bodies other than the State Council shall be maintained with the same character as they have established, but their issuance shall be equivalent bodies that exist or are created within the Regional Board of Extremadura.

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 Regional Board of Extremadura will be accommodated to the provisions of the Law thirty-two/thousand In the Law of Legal Regime of the State Administration, and in the Law of Administrative Procedure.

Two. Against the acts and agreements of the Regional Board of Extremadura, the resources that are coming, in accordance with the provisions of the Law of Administrative Procedure, may be brought in the Law of Jurisdiction and Administrative Jurisdiction. any other provisions which 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 carried out 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 Regional Board of Extremadura in this Royal Decree may be delegated, if necessary, by the latter to the Provincial Diputaciones, including in its territorial scope, the which they shall comply with in the exercise of those powers, the guidelines and forecasts contained in the rules of delegation.

The delegation agreements, which will have to be published in the Official State Gazette and in that of the Regional Board of Extremadura, will be effective from the day after its publication.

Fifth.-The Regional Board of Extremadura will organize the precise services and distribute among the corresponding organoS the competences that are transferred to it by the present Royal Decree, publishing the corresponding agreements in the "Official State Gazette" and in that of the Regional Board of Extremadura.

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 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, which are intended to finance the services assumed by the Preautonomic Entes and Autonomous Communities, once they are sent to the Department cited by the Budgetary Offices of the Ministries of the Interior and the Territorial Administration of the certificates of credit retention, accompanied by a succinct report of these Offices to comply with the (a) point two of Annex I, first subparagraph (a) of the General Budget Law of the State for a thousand nine hundred and eighty-two.

Eighth.-This Royal Decree will 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 Montalvo.

ANNEX I

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

At the plenary session of the Commission, held on 15 July 1982, agreement was reached on the transfer to the Regional Board of Extremadura of the powers and functions of local administration, in the terms that are reproduced below:

A) Legal provisions for reference.

The Constitution, in Article 148, 1, 2.a, establishes that the Autonomous Communities may: assume powers in terms of alterations of the municipal terms included in 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, 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 case 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 powers in matters of Administration Local, so it seems necessary and strictly legal to reach an agreement on the transfer of competences, in the indicated matter, to the Regional Board of Extremadura to meet the objectives of its creation.

B) Skills and functions assumed by the Regional Board of Extremadura.

They are transferred to the Regional Board of Extremadura, their respective territorial areas 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 the files of alteration of municipal terms that assume the creation or suppression 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 Mancommunities 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 Ayuntamas to an already constituted Municipal Voluntary Commonwealth and the separations, subject to the statutory forecasts.

2.4. The resolution on complaints concerning the administration of the Communities of Villa and Tierra, where they exist, and other similar entities. and the constitution of the respective Municipalities in Forzosa.

2.5. 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 concession to the Local Corporations of treatments, 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 heraldic shields The report of the Royal Academy of History.

3.2. The authorization for the exercise by the neighbors of the actions in the 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 Preautonomic Ente.

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, l, of the Law of Local Regime.

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 Local Regime Law.

5.3. The approval of the files for the conversion of municipal services into a system of free competition with a monopoly, as referred to in Article 163, 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-health services of the Provincial Diputations.

6. Recruitment.

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

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

Consequently, with the relationship of past competences, the competencies that correspond to it will remain in the Ministry of Territorial Administration (Directorate General of Local Administration), 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 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 Corporations within the legally established period, without prejudice, in addition, to their referral to the Autonomous Communities and Preautonomic Entes, for the purposes of the 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 Jurisdiction-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, 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 consorcated entities 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 the request of the same, without prejudice to which the Autonomous Communities and the Preautonomic Entes can lend.

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 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 Local General Administration Subdirectorate 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.

E) Staff assigned to the Services and Institutions that are transferred.

The staff assigned to the Services and Institutions transferred, and referred to in the attached relationship number 1.1 *, will continue with this membership. (a) to depend on the corresponding Preautonomic Entes, in the terms legally provided for by the rules in each applicable case.

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 shall also be forwarded to the competent bodies of the Regional Board of Extremadura.

F) Job vacancies that are transferred.

The vacant posts that are transferred are detailed in the ratio number 1.2 *.

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

G. 1. The effective 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.

G. 2. The financial resources intended to cover expenditure incurred in respect of the performance of the Services carried over during the 1982 financial year shall include

following:

Budget allocations for operational 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: 982,950 pesetas.

H) Date of effectiveness of the 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 to July 15, 1982.-The Secretary of the Joint Commission, J. F. H. S.

* The inclusion of this relationship is omitted.

ANNEX II

* Legal precepts affected *

Paragraph 1.1. * 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 of Local Entities Regulations. *

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

* Articles 1.2, 2., 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, al 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 *

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

Section 2.2. * Article 61 of the Population and Territorial Demarcation Regulation of Local Entities. *

Section 2.3. * 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. *

Section 2.4. * Article 70 of the Population and Territorial Demarcation Regulation of Local Entities. *

Section 3.1. * Articles 300 and 301 of the Rules of Organization, 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 Rules of Property of Local Entities. *

Section 4.2. * Article 192.3 of the Law of Local Regime. *

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

Section 4.3. * Article 52 of the Compulsory Expropriation Act. *

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

Section 4.4. * Article 172.1 of the recast text of the Law on Soil and Urban Planning, approved by Royal Decree 1346 /1976 of 9 April. *

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

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

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

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

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

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

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

Paragraph 5.4. * 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 5.5. * Article 131.2, 2.o, 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 31/1975, of Bases of the Statute of the Local Regime, approved by Royal Decree 3046 /1977 of 6 October. *