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Royal Decree 2464/1982, Of 12 August, On Transfer Of Powers, Functions And Services Of The State Administration To The Regional Government Of Extremadura In Culture.

Original Language Title: Real Decreto 2464/1982, de 12 de agosto, sobre transferencias de competencias, funciones y servicios de la Administración del Estado a la Junta Regional de Extremadura en materia de cultura.

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TEXT

the Royal Decree-Law nineteen/thousand nine hundred and seventy-eight, of thirteen of June and the Royal Decree one thousand five hundred eighteen/thousand nine hundred and seventy-eight of thirteen of June, for which the pre-autonomous regime was established for Extremadura, they foresaw the transfer of functions and services of the State Administration to their respective governing bodies.

In this sense, by Royal Decree two thousand nine hundred and twelve thousand nine hundred and seventy nine transferred to the Regional Board of Extremadura certain competences in the field of culture and, likewise, the corresponding services and personal, material and budgetary resources.

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 December and two thousand three hundred and fifty-one/thousand nine hundred and eighty-one, of eighteen September, 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 12 December, the Joint Committee on the Transfers of Culture created by ministerial order of 25 March One of the most important aspects of the Community's policy in the field of culture is the need to complete the process of transfer to the Preautonomic Entes in the field of culture, as well as the need to complete the transfers made so far. the meeting of the twenty-second day of July of a thousand nine hundred and eighty two the opportune agreement that the Government approves under this Royal Decree.

In its virtue, making use of the authorization granted in articles eighth c) and ninth of the Royal Decree-law nineteen/thousand nine hundred and seventy-eight, upon acceptance of the Junta of Extremadura, on the proposal of the Ministers of Culture, and of Territorial Administration, and after deliberation of the Council of Ministers at its meeting of the day twelve of August of one 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 sports, youth and sociocultural promotion, are approved. prepared by the corresponding Mixed Commission of Transfers, as well as the transfer of the personal, budgeted and heritage resources necessary for the exercise of those.

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 budget appropriations in the relations numbers one to three 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.-These transfers will be effective from 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 the present Royal Decree the opinion of the State Council is mandatory, the request of the same will be agreed by the Regional Board of Extremadura, 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 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 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 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 Administrative Procedure Law, nine hundred and eighty-one.

Two. Against the decisions and acts of the Regional Board of Extremadura, the appeal for reimposition prior to the administrative dispute shall be lodged, unless otherwise provided for in the case by law, which shall be brought before the Court of Justice. Board. The legal status of these resources shall be that laid down in the Laws of Administrative Procedure and the Legal-Administrative Jurisdiction.

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

Fifth.-By Order of the Presidency of the Government, on the proposal of the Ministry of Culture, and of Territorial Administration, in any case. the precise provisions for the development and implementation of this Royal Decree shall be adopted.

Sixth.-One. The budgetary appropriations, which are detailed in the three-point ratio as effective casualties in the budgets of the Ministry of Culture, and of the Territorial Administration, 80 and two, will be discharged from 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 sent to the Department cited by the Office of the Budget Office of the Ministry of Culture the retention of appropriations, accompanied by a brief report from that office in order to comply with the provisions of point (a) of Annex I, first subparagraph (a). of the Law of General Budgets of the State for a thousand nine hundred and eighty-two.

Two. The appropriations not included in the value of the cash, collected in relation to three point three, shall be delivered directly to the Ministry of Culture, the Ministry of Culture, the Ministry of Culture, the Ministry of Culture, the Ministry of Culture and the Superior Sports and Youth Institute and Community Promotion to the Regional Board of Extremadura, whichever is the final recipient of the payment, so that the latter can have the funds in advance necessary to give effectiveness to the corresponding benefit within the same time limit as it was produced.

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

Given in Palma de Mallorca to twelve of August of one thousand nine hundred and eighty two.-JUAN CARLOS R.-The Minister of the Presidency, Matias Rodríguez Inciarte.

ANNEX I

Don G. P. de D., Secretary of the Joint Committee on Culture, certifies:

At the plenary session of the Commission, held on 22 July, agreement was reached on transfers to the Preautonomic Ente de Extremadura, of the competences, functions and services in the field of culture, in terms of are reproduced below:

(A) Legal provisions of reference.-The Constitution in Article 148 provides that the Autonomous Communities may assume powers in the field of the promotion of sport and the proper use of leisure (paragraph 1, (19) and social assistance (paragraph 1, number 20), and Article 149 subject to the State exclusive competence in international relations (paragraph 1, number 3). Similarly, the Constitution, in Article 149.2, states that, without prejudice to the powers that the Autonomous Communities may assume, the State shall consider the service of culture as essential duty and attribution and facilitate communication. (a) cultural relations between the Autonomous Communities, according to them.

Royal Decree 442/1981 of 6 March 1981 and other supplementary provisions attribute to the Ministry of Culture certain powers relating to administrative action, in order to protect family and family promotion, the study of youth problems and the promotion of the knowledge of youth and the participation of youth in social life, and the promotion, planning and development of physical culture and sports activities.

Royal Decree 575/1981, of March 6, attributes to the Autonomous Body Institute of Youth and Community Promotion functions in the field of management and exploitation of the Centers, Services and Facilities of the State, to the service The Ministry of Culture, the Ministry of Culture, the Ministry of Culture, the Ministry of Culture, the Ministry of Culture, the Ministry of Culture, the Ministry of Culture.

Law 13/1980, of 31 March, General of Physical Culture and Sport, provides that the Superior Council of Sports, the Autonomous Body under the Ministry of Culture, will exercise the functions of the State for the promotion and coordination of physical and sports activities, ensuring the permanent and effective coordination of public administrations in the promotion and dissemination of physical and sports culture.

As a result, it seems necessary and it is strictly legal to reach an agreement on the transfer of competences, in the areas indicated to the Junta de Extremadura, in order to meet the objectives of its creation.

B) Competencs and functions assumed by the Ente Precutonomico de Extremadura, and identification of the Services that are transferred

1. It is transferred to the Junta de Extremadura, 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 State Gazette" the following competencies:

-In the field of social assistance and sociocultural promotion, with a reference to youth and community development:

(a) The study of youth problems, without prejudice to the coordination to be established between the corresponding bodies of the State Administration and the Board of Extremadura.

b) The promotion of youth cooperation in the territorial area of Extremadura

c) Support for the development of youth associative activity in the territory of Extremadura, as well as the promotion of youth participation in the social life of the same area.

d) The management and management and, where appropriate, ownership of the Youth Houses, youth clubs, social centers. This is the case for the creation of new centres for the development of young people.

e) The management and management and, where appropriate, the ownership of the facilities included in the National Network of Youth Hostels Youth Residences, Camps and Fields of Work whose management is equally entrusted to the Institute of Youth. Taking into account the needs of international relations and the provisions of Article 149.2 of the Constitution, the Board of Extremadura by Convention with the State Administration, will guarantee to this the sufficient reserve of seats in appropriate time and conditions.

f) The promotion of cultural activities for family community development.

g) The aid and promotion of activities in the field of the third age in order to their sociocultural promotion, without prejudice to the ownership and state management of the National Pilot Centers of the Third Age.

h) The promotion and organization of sociocultural animation activities in the field of art, crafts, tourism and the outdoors, aimed at the youth, childhood, third age, and marginalized sectors.

-In sports:

(a) Of a general nature.-The coordination of local administrations (Provincial Councils, City Council and Minor Local Entities) in the promotion and dissemination of physical and sports culture.

(b) Sports associations.-The protection and promotion of the Sports Associations whose territorial scope of action does not exceed the one of the Preautonomic Ente. Without prejudice to the independence of the Spanish Federations and other Associations whose scope exceeds that of the Preautonomic Ente, the latter shall ensure the strict observance in its territory of the sporting purposes for which they have been created. To this effect, the Junta de Extremadura will meet in advance and will inform the requests that the Spanish Federations and the aforementioned Associations present to the Superior Council of Sports, for obtaining grants of the same, destined to investments in equipment and sports facilities in the territory of Extremadura.

(c) Sports facilities.-The elaboration and implementation of plans of a territorial nature of construction of public sports facilities, as well as the competences that on construction, extension and modernization Royal Decree 2240/1981 of July 24, is attributed to the Superior Council of Sports by sports facilities.

d) Physical education and school sports activity.

d.1) Organize school competitions of territorial, local or regional character.

d.2) Promote the creation of clusters for the development of school sport.

d.3) Manage the grant of aid to create and maintain equipment and for sports activities in teaching centers.

e) Sports of free time and sports for all.

e.1) The promotion of social and popular sport.

e.2) The authorization and, where appropriate, organization of popular sports events.

e.3) The training of sports animators.

e.4) The provision of assistance for the maintenance of sports centres, for the practice of sport in general.

e.5) The promotion and creation of Sports Pools for the development of sport for all and the sport of free time.

f) Technical-Sports Initiation Centers.

f.1) The direction and management of the C.I.T.D. and, where appropriate, the designation of the Responsible Entities.

f.2) The selection of sports facilities for the functioning of the C.I.T.D.

f.3) The appointment of the directors of the C.I.T.D.

f.4) The signing of Conventions with Gestoras Entities, provided that its scope does not exceed the scope of the Preautonomic Ente.

If this is exceeded, it is up to the Board of Governors to approve the Convention for its validity.

f.5) Technical assistance in budgeting.

f.6) The appointment of health, administrative and technical staff for such centres.

f.7) The control and coordination of calls for students ' entry into the Centers.

g) Management of Sports Facilities.-Management of own facilities, including those transferred in the present agreement by the Superior Council of Sports. This management includes the monitoring and control of the facilities, the programming and organization of activities, the development of budgets and the control of revenues and gas.

(h) National Institutes of Physical Education.-The management of the National Institutes of Physical Education, whose creation will be agreed by the Council of Ministers, on a proposal from the Ministry of Education and Science and previous preceptives Reports from the Extremadura Board and the Higher Sports Council.

Generic.-In the exercise of the specific competencies, previously listed, the creation of the appropriate infrastructure.

2. The following services and institutions are transferred to the Extremadura Board for the effective execution of the tasks and functions, as soon as they perform the functions that are also detailed:

1) The Youth Houses, Youth Clubs, Social Centres, Childcare, Recreative-Sports Facilities, Craft Workshops, Camps, Workfields, Albergues and Youth Residences, which up to now correspond to the Youth Institute in the area of Extremadura.

2) The youth information office located in Badajoz.

3) The Third Age Classrooms, existing in Cáceres and Badajoz.

C) Competences, services and functions reserved by the State Administration.-Consequently, with the relationship of transferred competences they will remain in the Ministry of Culture and will continue to be of their competence to be exercised by it the following functions and activities which it has legally attributed:

Specific

1.a) National Center for Documentation on Youth, Women and Family.

(b) The public service benefits directly managed by the Autonomous Body of Youth and Community Promotion, and which are of a national or international nature.

e) The National Women's Information Network.

2.a) Sports associations.

a.1) The protection and promotion of the Spanish Federations and other sports associations whose scope of action exceeds the one of the Preautonomic Ente.

a.2) Inform favorable and precept the creation of new Spanish Federations and definitively approve their constitution.

a.3) To process the files of declaration of "public utility" and of "cultural interest", relating to the Spanish Federations and other Sports Associations.

a.4) Approve the rules on specialties, approvals and sports qualifications in collaboration with the Spanish Federations.

a.5) To know the sports plans and programs of the Spanish Federations, granting and supervising the economic grants for the sports activities of the Federations and to check the development of their activities.

.6) Decide, ultimately, through the Superior Committee of Sports Discipline, on resolutions that, in disciplinary matters, adopt the Spanish Federations.

a.7) Materialize and technically implement through the Institute of Science of Physical Education and Sport, collaboration with the Spanish Federations in the Control of illegal practices in the performance of the sportsmen.

b) Sports facilities.

b.1.) To build and manage its own facilities, in order to exercise the competences that correspond to the High Council of Sports in the field of high competition. In any case, it will be requested prior to the report of the Junta de Extremadura.

b.2) Grant grants for equipment to sports facilities to the Spanish Federations.

(c) High-competition sport.-The management, supervision, monitoring, monitoring and improvement of the fitness of the athletes of high competition and to promote the approval of the Statute of the sport of high competition.

d) School sports activity, sport of free time and sport for all.-The programming, technical direction and execution of the games and competitions of national or international character.

e) Spanish Olympic Committee.-Act as a communication body between the C.O.E. and any public administrations, and support their activities in the technical and economic order.

f) Research.-Act the competences of the Institute of Science of Physical Education and Sport, through its direct management in collaboration with the Spanish Universities.

g) Coordination.

g.1) Coordinate with the Junta de Extremadura and with the rest of the Public Administrations the promotion and dissemination of the Physical and Sports Culture, and the global programming and construction of sports facilities with criteria of decentralisation.

g.2) Homologate Spanish sports performances in government agencies and international sports associations and constitute the only channel acting, if any, as president of the Junta de Extremadura, in the field of international sports relations. (3) Authorize and, where appropriate, organize national and international sports activities, both inside and outside Spain, with participation, in the case of the international Ministries of Foreign Affairs and Interior.

Generic.-In all matters, subject to this agreement:

a) The realization of campaigns at national level.

b) International and state-wide relations.

c) The call for National Awards.

d) The holding of competitions for prizes, scholarships and national aids.

e) Support for National Entities.

f) Exercise the powers granted to the State by Article 149.2 of the Constitution.

g) The management of the Autonomous Bodies under the Ministry of Culture.

h) The definition of the general lines of the Department policy.

i) The creation of the appropriate infrastructure.

D) Functions in which the State Administration and the Preautonomic Ente of Extremadura and the form of cooperation are to participate.-They will be developed in coordination between the Ministry of Culture and the Junta de Extremadura, in accordance with the with the mechanisms that are identified in each case, the following functions and competencies:

(a) The exchange of information in all activities covered by this Agreement, as well as technical assistance, advice and cooperation on a permanent basis.

b) Cultural communication, as provided for in Article 149.2, of the Constitution through agreements between the Extremadura Board and the Ministry of Culture.

c) Sports associations.-The approval of its Statutes and Regulations corresponds to the Superior Council of Sports. The Junta de Extremadura will promote and process the approval record of those based in Extremadura. Once the approval has been produced, the agreement will be communicated simultaneously, to the respective Registers of Associations of the Superior Council of Sports and the Board of Extremadura, for their registration. Without prejudice to the foregoing, the Board of Extremadura may approve the Statutes and Regulations of the Sports Associations whose scope of action does not exceed that of the Preautonomic Ente.

Among the Records of the Superior Council of Sports, and that of the Board of Extremadura, will be established continuous communication on the recorded incidents that could affect the Sports Associations.

(d) Sports Medicine Centers.-The concurrent Competition on Sports Medicine Centers will be implemented in a separate Decree and jointly by the Ministries of Culture and Health and Consumer Affairs.

e) Sports Facilities.-Even when the Board of Extremadura is responsible for the ownership and management of its own facilities, it will make them available to the Superior Sports Council, upon request, for the compliance with the state programmes of high competition.

E) Goods, rights and obligations of the State that are transferred.-The State is transferred to the Preautonomic Ente the goods, rights and obligations of the State that are collected in the attached relation number 1 *, in the terms and subject to the formalities laid down in Law 32/1981 of 10 July 1981 and Article 10 of Royal Decree 2970/1980 of 12 December 1980.

(F) Staff assigned to the services and institutions which are transferred.-The staff assigned to the transferred services and institutions and referred to in the attached ratio number 2 *, shall continue with this membership by passing on depend on the Preautonomic Ente, in the terms legally provided by the rules in each applicable case.

By the Secretariat of the Ministry of Culture and other competent personnel, the transfer shall be notified to the persons concerned. A copy of all the files of this transferred staff will also be sent to the competent bodies of the Preautonomic Ente.

G) Job vacancies to be transferred.-No job vacancies are transferred.

H) Provisional assessment of the financial charges for the services transferred.

H. 1) The effective cost of the services transferred by the present Royal Decree to the Preautonomic Ene of Extremadura, according to the 1981 expenditure budget, is provisionally increased to 270,300,000 pesetas, in detail in the ratio 3.1 *, the final assessment must have been completed and accepted before the next 1 November.

H. 2) The financial resources which are intended to cover the original expenditure for the performance of the Services which are transferred during the financial year 1982 shall comprise the following allocations.

-Budget allocations for coverage of the operating expenses of the transferred services (its detail appears in the ratio 3.2 *) (1) 17.208,000 pesetas.

-Grants and investments (their detail in the ratio 3.3 *) (2), 8,638,000 pesetas.

Total, 25,846,000 pesetas.

I) 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, and will be the subject of the timely delivery minutes and the reception authorised by the competent authorities in each case. Likewise, the files in respect of the transferred services in which there has not been a definitive resolution before the date indicated in the agreement of the Joint Commission of Transfers shall be delivered. However, administrative appeals against decisions of the State Administration shall be dealt with and resolved by the organs of the State Administration.

(J) Date of effectiveness of transfers.-Transfers of powers and transfers of resources, subject to this agreement shall be effective 1 July 1982.

And for the record I am issuing this certification in Madrid to July 22, 1982.-The Secretary of the Joint Commission, G. P. de D.

* The inclusion of this relationship is omitted.

(1) In 1982, the Ministry of Culture will continue to pay the rent and telephones of the transferred buildings, which was paid from the budget of Section 24.

(2) From the annual allocation of 95,535,000 pesetas corresponding to Extremadura of credit 24/35,753, the part executed on October 1 of the provincial plans will be transferred.

ANNEX II

Legal provisions affected by transfers in the field of youth and sociocultural promotion.

-Royal Decree 575/1981 of 16 March, determining the structure and functions of the Institute of Youth and Community Promotion

--Order of June 13, 1980 ("Official State Gazette" number 149, of 21 June 1981, for which the Classrooms of the Third Age of the Ministry of Culture are regulated.

-Resolution of 29 June 1981, of the Directorate-General for Youth and Sociocultural Promotion, establishing the Sociocultural Networks, establishing the National Networks of Youth and Promotion Centres Sociocultural of Albergues and Youth and Camps and Camps of Work ("Official State Gazette" number 164 of July 10, 1981.)

Legal provisions affected by sports transfers

-Royal Decree 2337/1980 of 17 October. on the organic structure of the Superior Council of Sports ("Official State Gazette" of 31 October 1980).

-Royal Decree 177/1981, of 16 January, on Clubs and Sports Federations ("Official State Gazette" of 14 February 1981).

-Royal Decree 790/1981 of 24 April on National Institutes of Physical Education and the Teachings that are taught ("Official State Gazette" of 16 March 1981).

-Resolution of 11 May 1981, of the Superior Council of Sports governing the regime of grants for sports activities of free time ("Official State Gazette" of 5 August 1981).

-Order of 7 July 1981, on the recognition and registration of Clubs and Federations in the Register of Sports Associations and on the adaptation of Statutes ("Official State Gazette" of 18 July 1981).

-Royal Decree 2240/1981, of July 24, implementing the regime of Provincial Plans of Works and Services to the Programs of construction expansion and modernization of sports facilities ("Official State Gazette") of 7 October 1981).

-Order of 12 February 1982 on provincial plans for the extension and modernisation of sports facilities ("Official State Gazette" of 13 February 1982).