By Royal Decree four hundred and sixty-six/thousand nine hundred and eighty, twenty-nine in February, the Regional Council of Murcia was transferred to certain competencies in the field of Local Administration.

the Joint Committee on the Transfer of Territorial Administration, after considering its appropriateness and legality, as well as the need to supplement the transfers so far made at its meeting on 15 July One thousand nine hundred and eighty-two adopted the appropriate agreement, whose practical virtuality requires the approval of the Government through Royal Decree, an 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 Commission on Territorial Administration Transfers of 15 July of a thousand nine hundred and eighty-two is approved, whereby the powers and functions of the State in matters are transferred Local Administration to the Region of Murcia and the corresponding Services and Institutions and personal and budgetary resources necessary for the exercise of those services.

Article 2.-One. Consequently, the jurisdiction referred to in the agreement which is included as annexed to this Royal Decree and transferred to the Services and Institutions and the goods, rights and obligations is transferred to the Region of Murcia. (a) the staff, budget appropriations and documents and files which are included in the relations numbers one 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 one thousand nine hundred and eighty-two, indicated in the agreement of the Joint Commission.

Article 4.-The budgetary appropriations shown in detail in the ratio two point two as effective casualties in the general budget of the State for the financial year of one thousand nine hundred and eighty two shall 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 thirty-two, which are intended to finance the services assumed by the Preautonomic Entes and Autonomous Communities, a The Commission has also submitted a report to the Department of Foreign Affairs on the Ministries of the Interior and Territorial Administration the certificates of credit retention, accompanied by a succinct report of these Offices in order to comply with the provisions of Annex I, first subparagraph (a), 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 same day as 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 J. F. H. S., Secretary of the Transfer Commission certifies:

At the plenary session of the Commission, held on 15 July 1982, an agreement was reached on transfers to the Region of Murcia of the tasks, functions and services of Local Administration in terms of The following are expressed:

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

The Constitution, in Article 148, 1, 2, 2 establishes that the Autonomous Communities may assume powers in matters of alterations to the municipal terms included in their territory and, in general, the functions that the State Administration on Local Corporations and whose transfer authorizes the legislation on Local Regime, and Article 149, 1, 18., reserves the State exclusive competence on the basis of the legal system of the public administrations and the statutory regime of its officials, which in any case ensure that they are given a common treatment. For its part, the Statute of Autonomy for the Region of Murcia establishes, in its Article 11, a), that it is for the Autonomous Community of the Region of Murcia the legislative development and the execution in the alteration of the terms and denominations of the municipalities within its territory, as well as the creation of lower and higher-level entities, in accordance with the provisions of the said Staff Regulations, and, in general, the functions corresponding to the State Administration on Local Corporations whose transfer authorizes the legislation on Local Regime.

On the basis of these constitutional and statutory provisions it is legally possible for the Region of Murcia to have powers in the areas of Local Administration, so it is necessary to operate in this field transfers of powers of such a nature to do so, thus completing the process.

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 an agreement on the transfer of competences, in the indicated matter, to the Region of Murcia in order to fulfill the objectives of its creation and to enable the constitutional requirement of the territorial organisation of the designed State.

B) Competences and functions assumed by the region of Murcia.

Transfer to the Region of Murcia, within its territorial scope, in the terms of this Agreement and the Decrees and other rules that make it effective and published in the Official Journal of the State, the following (a) the jurisdiction of the Local Government under Article 11 (a) of the Statute of Autonomy for the Region of Murcia and of 148, 1, 2. of the Constitution:

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 municipal changes of municipal terms that assume 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 constitution and approval of Municipalities for the maintenance of unique places of National Bodies and the approval of its Statutes.

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

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

2.4. The receipt of the Statutes in force of the Communities of Villa and Land where they exist, and other similar Entes, as well as of the reports on its operating rules and copla of the modifications of those or of these.

Legal regime.

3.1. The concession to the Local Corporations of treatments, honors and distinctions, as well as the granting to the Municipalities of titles, slogans and dignity, prior to the instruction of the file and the approval of municipal heraldic shields, previous 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 competition issues that arise between Local Entities belonging to the territory of the Autonomous Community.

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 Law on 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 166, 1, of the Law of Local Regime.

5.4. The approval or intervention in the case of extinction or municipal services on a monopoly basis, 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.

6. Procurement

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 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 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.

3.3. 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 23 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, adoption of the necessary measures for the enforced enforcement of 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 interests.

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 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 and 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 sub-directorate 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 transacted.

They are not moved.

E) Staff 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 *, will continue with this membership, going on to depend on the corresponding Autonomous Community, in the legal terms 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 number of Personnel Registry.

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 Region of Murcia, with the State Administration changing the organic templates and budgeting for the purposes of the Operated transfers.

F) Job vacancies that are transferred.

They are not moved.

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

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.

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 allocations:

-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 a total of 730,917 pesetas.

H) Documentation and records of the services being transferred.

The delivery of the documentation and files of the Services transferred will be made 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 to July 15, 1882.-The Secretary of the Joint Commission.

* 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 4.1., 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.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 *

* 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 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 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 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 of the Services Regulation of Local Corporations. *

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. *