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Royal Decree 2456 / 1982, Of August 12, On The Transfer Of Powers, Functions And Services Of The Government To The Board Of The Castilian-Manchego Region Communities In The Field Of Culture.

Original Language Title: Real Decreto 2456/1982, de 12 de agosto, sobre transferencias de competencias, funciones y servicios de la Administración del Estado a la Junta de Comunidades de la Región Castellano-Manchega en materia de cultura.

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TEXT

the Royal Decree-Law thirty-two/thousand nine hundred and seventy-eight, of thirty-one of October, for which the pre-regional regime for the Castellano-Manchega Region was established prior to the transfer of functions and services of the Administration of the State to the Board of Communities of the Castellano-Manchega Region and the Royal Decree two thousand six hundred and ninety-two/thousand nine hundred and seventy-eight, approved in thirty-one of October in development of that, determines the the procedure to which the transfers are to be adjusted.

In this sense, by Royal Decree three thousand and seventy-two/thousand nine hundred and seventy-nine, of twenty-nine of December, certain competences in the field of the Region were transferred to the Board of Communities of the Castellano-Manchega Region. Culture among others, and the corresponding services and personal, material and budgetary means were also transferred.

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/one 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, they modified the functioning and composition of the Joint Committees of Transfer 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 Culture Transfers, created by Ministerial Order of 25 March of a thousand nine hundred and eighty-one, after considering the desirability of homogenizing the processes of transfer to the Preautonomic Entes in the field of culture, as well as the need to complete the transfers so far made, has adopted in its On the occasion of the meeting of the twenty-two of July the appropriate agreement that the government approves under the Royal Decree.

In its virtue, making use of the authorization granted in the seventh article, c) and in the final disposition second of the Royal Decree-law thirty-two/thousand nine hundred and seventy-eight, upon acceptance of the Board of Communities of the Region Castellano-Manchega, on the proposal of the Ministers of Culture and 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 Board of Communities of the Castellano-Manchega Region in matters of culture developed by the 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 same services and institutions are transferred to the Board of Communities of the Castellano-Manchega Region. the goods, rights and obligations, as well as the staff and budget appropriations in the numbers one to three attached to the Joint Committee's own agreement as indicated in the terms and conditions specified therein.

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

Article 3.-These transfers will be effective from the date indicated in the agreement of the Joint Commission on transfers.

FINAL PROVISIONS

First.-One. When for the exercise of any of the powers transferred to the Board of Communities of the Castellano-Manchega Region by this Royal Decree the opinion of the State Council is mandatory, the request of the same shall be agreed by the Board of Communities of the Castellano-Manchega Region, 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 Board of Communities of the Castellano-Manchega Region agrees to voluntarily hear the Council of State on any file.

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

Second.-One. Without prejudice to the application of the legislation regulating the subject matter of transfer by this Royal Decree, the legal regime of the acts of the Board of Communities of the Castellano-Manchega Region will be accommodated in the Law thirty-two/thousand nine hundred and eighty-one, of ten of July, in the Law of Legal Regime of the State Administration and in the Law of Administrative Procedure.

Two. Against the decisions and acts of the Board of Communities of the Castellano-Manchega Region, the appeal for the replacement prior to the administrative dispute shall be the case, unless otherwise provided for in the legal provision of the appeal, which shall be brought before the Board itself. The legal status of these resources shall be that laid down in the Laws of Administrative Procedure and the Jurisdiction-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 Board of Communities of the Castellano-Manchega Region will organize the precise services and distribute among the corresponding bodies the competences transferred to it by the present Royal Decree, publishing the corresponding agreements in the "Official State Gazette" and in that of the Board.

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

Sixth.-One. The budgetary appropriations which are detailed in the three-point ratio, as they are effective in the general budget of the State for the financial year 1 000, 000 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, which are intended to finance the services provided by the Preautonomic Ends 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 by the Office to comply with the provisions of point two of Annex I, first subparagraph (a) of the General Budget Law for a thousand nine hundred and eighty-two.

Two. The appropriations not included in the assessment of the actual cost, as referred to in relation three point three, shall be delivered directly, without the need for budgetary changes of any kind by the Ministry of Culture, Superior Sports and Youth Institute and Community Promotion of the Board of Communities of the Castellano-Manchega Region, whichever is the final recipient of the payment so that the latter can have the necessary funds in advance to make the corresponding provision effective within the same period of time 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.-JOHN CARLOS R.-The Minister of the Presidency. Matias Rodríguez Inciarte.

ANNEX I

Don G. P. de D., Secretary of the Joint Commission of Transfers of the Ministry of Culture, certifies:

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

A) Legal provisions for reference.

The Constitution in Article 148 states that the Autonomous Communities may assume competence in the field of the promotion of sport and the proper use of leisure (paragraph 1, number 19), and social assistance (paragraph 1, (20), and in Article 149, reserves the exclusive competence of international relations (paragraph 1, number 3) to the State. 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. The Commission has also proposed a number of amendments.

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 the 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, an autonomous agency dependent on the Ministry of Culture, exercises 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 transfers of competences, in the subjects indicated to the Board of Communities of the Castellano-Manchega Region, for thus meet the objectives of its creation.

B) Competences and functions assumed by the Preautonomic Ente de Castilla-La Mancha and the identification of the services that are transferred.

1. It is transferred to the Board of Communities of the Castellano-Manchega Region, 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". following competencies:

-In the field of social assistance and socio-cultural promotion with particular reference to the youth and community development field:

(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 Communities of the Castellano-Manchega Region.

b) The promotion of youth cooperation in the territorial area of Castilla-La Mancha.

(c) Support for the development of youth associative activity in the territory of Castilla-La Mancha 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, nurseries and recreational-sports facilities that up to now correspond to the Youth Institute in the field de Castilla-La Mancha.

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 Communities of the Castellano-Manchega Region, by means of a Convention with the State Administration, will guarantee this sufficient reserve of places in time and adequate conditions.

f) Promoting cultural activities for community and family development.

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

h) The promotion and organization and activities of socio-cultural animation in the artistic, artisanal, tourist and outdoor areas, aimed at the youth, childhood, third age and marginalized sectors.

-In sports:

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

(b) Sports associations.-The protection and promotion of sports associations whose 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 Board of Communities of the Castellano-Manchega Region will know in advance and will inform the requests that the Spanish Federations and the aforementioned Associations present to the Superior Council of Sports for the obtaining of grants of the same, destined for investments in equipment and sports facilities in the territory of Castilla-La Mancha.

(c) Sports facilities.-The elaboration and implementation of plans of a territorial character of construction of public sports facilities, as well as the competences that on construction, enlargement 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.

1. Organise school competitions of a territorial, local or regional nature.

2. Promoting the creation of clusters for the development of school sport

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

e) Sports of free time and sports for all.

1. The promotion of social and popular sport.

2. The authorization and, where appropriate, organization of popular sports demonstrations.

3. The training of sports animators.

4. The provision of support for the maintenance of sports centres for the practice of sport in general.

5. The promotion and creation of sports groups for the development of sport for all and the sport of free time.

f) Technical-Sports Initiation Centers.

1. The management and management of the Technical-Sports Initiation Centers and, where appropriate, the designation of the Responsible Entities.

2. The selection of sports facilities for the operation of the Technical-Sports Initiation Centers.

3. The appointment of the Directors of the Technical-Sports Initiation Centers.

4. The signing of agreements with the Gestoras Entities, provided that its scope does not exceed the one of the Preautonomic Ente. If it exceeds that scope, it is for the Board of Governors to grant the approval of 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 preparation of budgets and the control of revenue and expenditure.

3. Generic.-In the exercise of the specific competences listed above, the creation of the appropriate infrastructure.

Second.-For the effective implementation of the competences and functions are transferred to the Board of Communities of the Castellano-Manchega Region, within its territorial scope, the following services and institutions, as soon as exercise the functions that are also detailed:

1. Youth houses, youth clubs, social centres, nurseries, recreational sports facilities, craft workshops, camps, work camps, hostels and youth residences which up to now correspond to the Youth Institute in the area Castellano-Manchego.

2. The Youth Information Offices located in Albacete, Guadalajara and Toledo.

3. The Centro de Medicina Sports de Toledo, which corresponds to the functions of management, supervision, monitoring, monitoring and improvement of the physical conditions of the athletes.

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

Consequently, with the relationship of past competences, they will remain in the Ministry of Culture and will continue to be of their competence, in order to be exercised by the Ministry of Culture, the following functions and activities that it has legally attributed.

Specific:

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

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

c) The National Women's Information Network.

2.a) 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 preceptively, 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 plans and sports programs of the Spanish Federations, granting and supervising the economic grants for the sports activities of these Federations, and to check the development of their activities.

a.6) Decide, ultimately, through the Superior Committee of Sports Discipline, on the 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) Build and manage its own facilities, in order to exercise the powers that correspond to the Supreme Council of Sports in the field of high competition. In any case, it will request a report from the Community Board of the Castellano-Manchega Region.

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

(c) Sport of high competition.-The management, supervision, monitoring, monitoring and improvement of the physical condition 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 agency between the Spanish Olympic Committee and any public administrations, and approve 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 Board of Communities of the Castellano-Manchega Region 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 for decentralisation.

g.2) Homologate the Spanish sports performances in governmental organizations and international associations of a sports character and constitute the only channel, acting, if necessary, as president of the Board of Communities of the Castellano-Manchega Region in the field of international sports relations.

g.3) Authorize and in your case organize national and international sports activities, both inside and outside Spain, with participation, in the case of international, of the Ministries of Foreign Affairs and Interior.

Generic:

In all subjects covered by this Agreement:

a) The realization of campaigns is a national one.

b) International and state-wide relations.

c) The national awards call.

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

e) Support for entities at national level.

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

g) The management of the autonomous agencies under the Ministry of Culture.

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

i) The creation of the appropriate infrastructure.

D) Functions in which the State Administration and the Preautonomic Ente de Castilla-La Mancha are to participate, and form of cooperation.

They will be developed in coordination between the Ministry of Culture and the Board of Communities of the Castellano-Manchega Region, in accordance with the mechanisms that, in each case, are indicated, 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, by means of agreements between the Community Board of the Castellano-Manchega Region and the Ministry of Culture.

c) Sports associations.-The approval of its Statutes and Regulations corresponds to the Superior Council of Sports The Board of Communities of the Castellano-Manchega Region will promote and process the file of approval of the are based in Castilla-La Mancha. 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 Communities of the Castellano-Manchega Region, for their registration.

Without prejudice to the foregoing, the Board of Communities of the Castellano-Manchega Region 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 of the Board of Communities of the Castellano-Manchega Region, will be established continuous communication on the recorded incidents that could affect the Associations sports.

(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 it is up to the Board of Communities of the Castellano-Manchega Region the ownership and management of its own facilities, it will make them available to the Superior Council of Sports, prior to request for compliance with the state programs of high competition.

E) Goods, rights and obligations of the State that are transferred.

They are 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 provided for in Law 32/1931, of July 10, and Article 10 of Royal Decree 2970/1980 of 12 December.

F) 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 2 *, will continue with this membership, going on to 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 bodies in the field of personnel, the persons concerned shall be notified of the transfer. A copy of all the files of this transferred staff shall also be forwarded to the competent bodies of the Preautonomic Ente.

G) Job vacancies that are moved.

No vacant jobs are transferred.

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

1. The actual cost which, according to the expenditure budget for 1981, corresponds to the Services carried over by this Royal Decree to the Preautonomic Ente de Castilla-La Mancha is provisionally raised to 401,00,836 pesetas, according to which figure in the ratio 3.1 *, the final assessment must have been completed and accepted before the next 1 November.

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

:

-Budget allocations for coverage of the operating expenses of the transferred services (its detail appears in the ratio 3.2 *) (1), 19,000,874 pesetas.

-Grants and investments (its detail is reflected in the ratio 3.3 *) (2), 8.000.766 pesetas.

Total: 28.000.640 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, will be the subject of the timely delivery and reception act authorized by the competent authorities in each case. The dossiers for the services transferred shall also be delivered in respect of the services in which the final decision has not been taken before the date set out in the agreement of the Joint Committee on Transfers. 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.

The transfer of powers and the transfer of means covered by this agreement will be effective from 1 July 1882.

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.

ANNEX II

Legal provisions affected by transfers in 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 13 June 1980 ("Official State Gazette" number 149, 21), which regulates the classrooms of the third age of the Ministry of Culture.

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

Legal provisions affected by sports transfers

Royal Decree 2337/1080, of 17 October, on the organic structure of the Superior Council of Sports ("Official State Gazette" of 31).

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

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

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

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).

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" 7 October).

Order of 12 February 1982, on provincial plans for the construction, expansion and modernization of sports facilities ("Official State Gazette" of 13).

* 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 envelope of 109,000,505 pesetas corresponding to Castilla-La Mancha of credit 24/35,753, the non-executed part of the provisional plans will be transferred on 1 October