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Royal Decree 871/1982, Of 26 March, Which Modifies The Composition Of The Commissions Provincial Of Urbanism Of Santa Cruz De Tenerife And Las Palmas.

Original Language Title: Real Decreto 871/1982, de 26 de marzo, por el que se modifica la composición de las Comisiones Provinciales de Urbanismo de Santa Cruz de Tenerife y Las Palmas.

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TEXT

The Royal Decree two thousand eight hundred and forty-three/thousand nine hundred and sixty-nine, of seven December, transferred to the Board of the Canary Islands the competences of the State Administration in matters of urban planning.

Article 4 (j) of the aforementioned Royal Decree states that the Board of the Canary Islands will propose to the Minister of Public Works and Urbanism the modification of the composition of the Provincial Planning Committees.

The Board of the Canary Islands has made this proposal, in which it ensures the proper representation of the State Services, in a coordinated way with its own organization and distribution of competences.

In its virtue, according to the State Council, on the proposal of the Minister of Public Works and Urbanism and after deliberation of the Council of Ministers, at its meeting of the twenty-sixth day of March of a thousand nine hundred and eighty-two, Available:

Article 1.-The Provincial Commissions of Urbanism of Santa Cruz de Tenerife and Las Palmas depend on the Board of the Canary Islands through the Department of Water, Public Works and Urbanism under the provisions of the article Six point two of the Royal Decree two thousand eight hundred and forty-three/thousand nine hundred and seventy-nine, of seven December.

Article 2.-The Provincial Planning Commissions will be chaired by the Water, Public Works and Urban Planning Board of the Canary Islands.

Article 3.-The Provincial Planning Committees will act in plenary sessions and through technical papers.

Article 4.-One. They are part of the plenary of each of the Provincial Planning Commissions, in addition to the President:

A) The Vice President, who will be the Director-General of Urbanism, acting as President in the absence of the holder or by delegation of this one.

B) As Vocals:

(a) Two representatives with residence in the respective province, chosen from the Ministry of Territorial Administration, Economy and Finance Industry and Energy, Transport and Fisheries, Agriculture, Trade and Tourism, Culture, Health and Social Security and Education.

b) A representative of the Ministry of Public Works and Urbanism, with residence in the respective province.

c) Two representatives with residence in the respective province of one of the Ministries of Defense Agriculture, Fisheries and Food, Economy and Trade Culture, Transport, Tourism and Communications, Education and Science, Hacienda, Labour and Social Security or Health and Consumer Affairs, elected and cited, by the President on the basis of the matters on the agenda.

d) A representative for each of the Island Cabildos of the province.

e) The Mayor of the City of the capital of the province, and two more mayors, appointed by the Board of the Canary Islands.

f) Three more Vocals, of free designation of the Counsellor of Water, Public Works and Urbanism, among persons of recognized competence in any one of the subjects own of the Commission and residents in the respective provinces.

C) They will also be part of the Provincial Planning Commission, with a voice but no vote:

(a) A State Advocate.

b) The Director of the Technical Paper, who shall act as rapporteur.

c) The Secretary, who will be an official with a degree in Law, appointed by the President of the Provincial City of Urbanism.

Two. The Vowels referred to in paragraph B (a) of the preceding number shall be designated for each province by the permanent ice of the Board of the Canary Islands.

The Vowels referred to in paragraph B (b) and (c) of the preceding number shall be appointed by the respective Minister.

Three. In the case of a final decision of the Provincial Commission, a general plan of planning complementary rules or subsidiaries of planning or project of delimitation of urban land of a municipal term, will be called the Mayor, having a voice, but not voting, on the subject for which he has been summoned.

Four. The President may convene the meeting with a voice and without a vote, the persons whom he considers appropriate for the best advice of the Commission.

Article 5.-One. The technical paper is the advisory and technical body responsible for preparing the proposals for the resolution of the files to be submitted to the plenary of the Provincial Planning Commission. It also has the task of drawing up the reports requested by the Commission on other matters relating to its competence.

Two. The technical papers shall consist of:

(a) The Director General of Urbanism of the Council of Water, Public Works and Urbanism of the Board of the Canary Islands, who will preside over them.

b) The Director of the technical paper, who will be the Head of the Planning Unit of the respective province of the Directorate General of Urbanism and who will coordinate the actions of the technical paper and will preside in absence or by delegation of the Director-General of Urbanism.

c) As Vocals

-A representative of the University appointed by the Rector.

-A representative of each of the Professional Lawyers ' Colleges, Architects of Roads, Channels and Ports, and Technical Architects.

-A representative of each of the Ministries of Defense, Public Works and Urbanism Agriculture, Fisheries and Food, Culture and Finance, which will be appointed by the respective provincial directors.

-A representative of each of the Ministry of Agriculture and Social Security.

-A technician appointed by each of the Island Cabildos of the respective province.

-Two more Vocals, of free designation of the Director-General of Urbanism among persons of recognized competence in any one of the subjects of the technical paper and residents in the respective province.

d) As secretary, an official with a degree in law, appointed by the president of the Provincial Planning Commission, will act.

Three. For the examination of general plans, supplementary rules and subsidiary planning, delimitation of urban land and plans that develop general plans, the competent municipal technician of the City Council will be convened the respective plan.

Four. The President may convene the meeting with a voice and without a vote to the persons whom he considers appropriate for the best advice of the technical paper.

Article 6.-One. In the light of the reports and the debate at its meeting, the report shall be drawn up by the report on a proposal for a resolution which shall be submitted to the full knowledge and decision of the plenary session. The preparation of these proposals and reports shall not be submitted to the demand of the , nor of the current procedure for the elaboration of agreements by the collegiate bodies.

The Vocal of the paper.-That they will disagree with the proposal of the agreement will be able to argue their position in the debate of the plenum, owing the president of the presentation to give them voice in the plenum if they so require.

Two. The report of the presentation shall be preliminary and precept, except in case of urgency by the plenum with the favorable vote of two thirds of the number of the members present, and in any case, of the absolute legal majority.

Article 7.-The plenary of the Provincial Planning Commission shall exercise all the powers conferred on the Provincial Planning Committees.

Article 8.-The operation, convocation, meetings and arrangements for the adoption of agreements shall be governed by the provisions of the Law of Administrative Procedure for the Collegiate Organs and by the rules and instructions of Internal regime that can be adopted by the Water, Public Works and Urbanism Counsellor.

TRANSIENT DISPOSITION

One. The new Provincial Planning Commissions will be constituted within the maximum period of thirty days from the entry into force of this Royal Decree.

Two. The files that are pending before the Provincial Planning Commissions will be taken up by the new Commissions, in the state in which they are located.

FINAL PROVISIONS

First. This Royal Decree shall enter into force on the day following its publication in the Official Journal of the State.

Second. The Board of the Canary Islands is authorized to make the necessary organic provisions for the execution, development and fulfillment of this Royal Decree.

Third, the provisions of this Royal Decree are repealed.

Given in Madrid to twenty-six of March of a thousand nine hundred and eighty-two.-JUAN CARLOS R.-The Minister of Public Works and Urbanism, Luis Ortiz González.