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Royal Decree 3546/1981, Of December 29, On Transfers Of Competence And Services Of The State Administration To The Government Of The Castilian-La Mancha Region In Urban Planning.

Original Language Title: Real Decreto 3546/1981, de 29 de diciembre, sobre transferencias de competencia y servicios de la Administración del Estado a la Junta de Comunidades de la Región Castellano-Manchega en materia de Urbanismo.

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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 State administration to its corresponding governing bodies.

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 pre-autonomous 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 pre-regional Entes.

According to the provisions of the Royal Decree two thousand nine hundred and sixty-eight/thousand nine hundred and eighty, of December 12, the Joint Commission of Transfers of Public Works and Urbanism, created by Ministerial Order of Twenty-five-hundred-eighty-one, after considering the desirability of homogenizing the processes of transfers to the pre-autonomous Entes in the matter of Urbanism, adopted at its meeting of the day three of December of a thousand nine hundred Eighty-one the appropriate agreement, which the Government approves under the present Royal Decree.

In its virtue making use of the authorization contained in the article seventh, c), of the cited Royal Decree-Law thirty-two/thousand nine hundred and seventy-eight, upon acceptance of the Board of Communities of the Castellano-Manchega Region, a proposal of the Ministries of Public Works and Urbanism and of Territorial Administration, and after deliberation of the Council of Ministers in its meeting of the twenty-nine day of December of a thousand nine hundred and eighty one, I have:

Article 1.-The proposal for the transfer of functions and services of the State Administration to the Board of Communities of the Castellano-Manchega Region, in the field of Urbanism, elaborated 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 Preautonomic Ente Board of Communities of the Castellano-Manchega Region is transferred to the competences referred to in the Agreement which is included as Annex I to this Royal Decree and transferred to it the Services and Institutions and assets, rights and obligations, as well as the staff and budgetary appropriations contained in the relations numbers one to three attached to the Joint Committee's own Agreement indicated in the terms and conditions set out therein. specify.

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 Mixed Commission of Transfers.

FINAL PROVISIONS

First.-One. When, for the exercise of any of the powers transferred to that Board by this Royal Decree, the opinion of the Council of State is required, the request of the Council of State shall be necessarily agreed by the Board, requesting it to through the Ministry of Public Works and Urbanism, which will require the State Council to issue it.

The same procedure will be followed when the Board agrees to hear the State Council voluntarily in any case.

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 regulatory legislation of the subject matter of transfer by the present Royal Decree, the legal regime of the acts of the Board shall be accommodated in the provisions of Law thirty-two/thousand nine hundred and eighty and 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 aforementioned Board, the remedy for the replacement of the administrative-administrative dispute, except that by another legal provision the interposition of an alzada resource, which will be substantiated before the Board itself, will be demanded. 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 of the services transferred and the instruction and resolution of those who are in the process, as well as that of the resources to be brought 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 Board in this Royal Decree may be delegated, in its case, by this Royal Decree, to the Provincial Diputations within its territorial scope, which must comply, in the exercise of those powers, the guidelines and forecasts contained in the rules of delegation.

The delegation agreements, which must be published in the Official Journal of the State and in that of the Board, will be effective from the day after its publication.

Fifth.-The Board 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 agreements in the "Official Gazette" of the State > and on that of the same Board.

Sixth.-The Ministry of Public Works and Urbanism and the Board of Communities of the Castellano-Manchega Region will collaborate reciprocally, as necessary, for the better functioning of the transferred services.

Seventh.-By Order of the Presidency of the Government, on a proposal from the Ministry of Public Works and Urbanism and Territorial Administration, in any case, the precise provisions for the development and implementation of the Royal Decree.

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

Given in Baqueira Beret at twenty-nine in December, one thousand nine hundred and eighty-one.-JUAN CARLOS R.-The Minister of the Presidency, Matias Rodríguez Inciarte.

ANNEX I

Don G. P. de D., Secretary of the Joint Committee on Public Works and Urban Development, certifies:

The agreement was adopted at the plenary session of the Commission on 3 December 1981, approving the proposal for the transfer of the powers of the Autonomous Community of the Castellano-Manchega Region to the Functions and services in the field of Urbanism, in the following terms:

A) Designation of the competencies, functions and services that are transferred.

1. Powers and functions.

I. All the powers conferred on the State Administration by the Law of Legal Regime of Soil and Urban Planning, recast text approved by Decree 1346/1976, of 9, are transferred to the Board of Communities of the Castellano-Manchega Region. April, and by regulatory and concordant provisions, in respect of the respective territorial scope of that Board in the terms specified in the Annex to the legal provisions concerned, with the following particularities and exceptions:

(a) The drafting and approval of the National Planning Plan will continue to be regulated in accordance with the existing provisions.

(b) The Territorial Directors ' Plans for Coordination in the Castellano-Manchega Region shall be made by the bodies or entities to be determined by the Board, which shall also indicate its territorial scope and time limit in which they are to be without prejudice to the fact that the Council of Ministers points out the bodies or entities to be involved in its preparation.

Once the Directors ' Plans have been formulated, they will be submitted by the Agencies or Entities that have drafted them in the process of public information and report of the Local Corporations, to whose territory they will affect, for their subsequent referral to the Ministry of Public Works and Urbanism, for the purpose of obtaining the reports of the Ministerial Departments in the terms and with the effects provided for in Article 39 (1) of the Law of Soil; Ministry of Public Works and Urbanism will forward them back to the Board in union of the issued reports.

Approved by the Board, the Ministry of Public Works and Urbanism will be subjected to the effects provided for in paragraph 2 of the aforementioned article of the Law of Soil.

c) The Board shall definitively approve the General Plans and the Special Plans, which do not develop the general planning, Urban Action Programs and Complementary Standards and Subsidiaries of the Planning, which refer to Provincial capitals, populations of more than fifty thousand inhabitants and those affecting several municipalities. However, until the corresponding Territorial Director Plan is approved, it will be necessary to require the prior report of the Central Commission of Urbanism in the General Plans of provincial capitals and municipalities of more than fifty thousand inhabitants, whether they are new Plans or their modifications, adaptations or revisions, which will be requested through the holder of the Department of Public Works and Urbanism.

d) The power to suspend the validity of the Plans, provided for in Article 51.1 of the Law of Soil, shall be understood as attributed to the Board in its territory, without prejudice to the Council of Ministers, on the proposal of the Minister of Public Works and Urbanism, and prior to the report of the Board, may also agree to such suspension for reasons of supra-regional interest, as long as there is no approved Territorial Director of Coordination Plan.

e) The agreement authorizing the formulation and implementation of the Urban Action Programmes, referred to in Article 149 (2) of the Soil Law, shall be adopted by the Council of Ministers in the manner provided for in that paragraph. When motivated by strategic and military reasons, supra-regional as a function of competences not transferred to the Board, even if they affect its territory.

In the other cases, the agreement will be the responsibility of the Community Board of the Castellano-Manchega Region.

(f) In the cases referred to in Article 180 (2) and (3) of the Law of Soil, relating to works, which are carried out in the territory of the Castellano-Manchega Region, the report of the Board, prior to the raising the file by the Minister of Public Works and Urbanism to the Council of Ministers for final resolution.

g) The provisions of the recast text of the Law of Soil, on adaptation to the Law of the General Plans in force, will be fulfilled in their own terms, although the Board's powers are transferred to the Board of the State in which they relate.

The powers referred to in the last paragraph of the fourth transitional provision, which shall be exercised after the agreement of the Board, are exempted from transfers.

(h) When the Government, in use of the powers that the Law of Soil confers upon it, adopts decisions in its development that affect the exercise of the powers that are transferred to the Board, it may request the previous reports that you consider accurate.

i) The Board, accommodating the provisions of the fourth final provision of the Law of Soil, will propose to the Minister of Public Works and Urbanism the modification of the composition of the Provincial Commissions of Urbanism that of it are dependent, ensuring adequate representation of the State Services.

Until the new composition of the Provincial Planning Commissions is approved, they will retain their current organic structure, with the modifications that result from the present Royal Decree.

II. Of all the plans, programs, complementary rules and subsidiaries of planning, urban norms, ordinances, delimitations of urban land and catalogues, will be transmitted once they are definitively approved by the Board, a copy to the Minister of Public works and Urbanism, as well as equal copy of any revision or modification that occurs in such documents, even if it is by way of appeal.

The data to be transferred for statistical purposes shall be those which, where appropriate, are standardised at the State level.

III. One. A representative of the Community Board of Communities of the Castellano-Manchega Region will be part of the Central Planning Commission.

Two. The Provincial Planning Committees will become dependent on the Board of Communities of the Castellano-Manchega Region.

Three. A representative of the Ministry of Public Works and Urbanism of the Higher Authority will be part of the Board, which, with a consultative nature in the field of Planning and Urbanism, will be part of the Board.

2. Services and Institutions that are transferred.

The planning services of the delegations of the Ministry of Public Works and Urbanism corresponding to the provinces integrated in the Board of Communities of the Castellano-Manchega Region.

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

The goods, rights and obligations of the State that are collected in the attached relation number 1 * are transferred to the Ente, in the terms and subject to the formalities provided for in Law 32/1981, of July 10, and Article 1. of Royal Decree 2970/1980 of 12 December.

C) Personal 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 become dependent on the Preautonomic Ente in the legally provided terms in each case. applicable.

By the Secretariat of the Ministry of Public Works and Urbanism and other competent personnel, the persons concerned shall be notified of the transfer. A summary of all files on this transferred staff shall also be forwarded to the competent bodies of the Board.

D) Job vacancies to be transferred.

The job vacancies that are moved are the ones that are detailed in the ratio 2.2 *.

E) Budgetary appropriations affected by the services transferred.

The budgetary appropriations for the services transferred, for the exercise of the functions and powers, which are transferred are those collected in the ratio number 3 *.

By the Ministry of Finance the necessary measures will be taken for the effective transfer to the Board of Communities of the Castellano-Manchega Region of the appropriate envelopes, in accordance with the provisions of the General Law Budget, the Law of the General Budget of the State and other supplementary provisions.

F) Date of effectiveness of the transfers.

The transfers of powers and functions and the transfer of the means covered by this agreement will be effective from 1 January 1982.

and for the record, I request this certification in Madrid at December 3, 1981.-The Secretary of the Joint Commission of Transfers of Public Works and Urbanism, G. P. de D.

* According to the nature of this repertoire, the inclusion of this relationship is omitted.

ANNEX II

Legal Precepts affected

Agreement paragraph A. 1

A) Articles of the Law on Soil Regime and Urban Planning:

Art. 25. The competences of the Minister of Public Works and Urbanism are transferred to the Board of Communities of the Castellano-Manchega Region.

Art. 28.2. The competences of the Minister of Public Works and Urbanism pass to the aforementioned Board.

Art. 30.1. The competencies of the Ministry of Public Works and Urbanism go to the Board, except the proposal to the Council of Ministers of the Agencies or Entities that have to intervene in the elaboration of the Plan Territorial Directors of Coordination, together with the Agencies or Entities that would have to formulate, according to the Board, that it must be submitted to the ratification of the Council of Ministers, unless the formulation of such Plans was assumed by the Board itself.

Art. 32.1. The competencies of the Minister of Public Works and Urbanism go to the Board.

Art. 33.1. The competences of the Minister of Public Works and Urbanism and those of the Directorate General of Territorial Action and Urbanism go to the Board.

Art. 35.1, b). The approval of the Board is established as a prerequisite for approval by the Council of Ministers of the Territorial Directors Plans of the Castellano-Manchega Region.

1, c). The competences of the Minister of Public Works and Urbanism pass to the Board, requiring exclusively prior report of the Central Commission of Urbanism when it is the definitive approval of General Plans of provincial and provincial capitals municipalities of more than fifty thousand inhabitants, until the corresponding Territorial Coordination Plan of Coordination is approved.

1, d). The competencies of the Provincial Planning Committees pass to the Board.

2, b). The competencies of the Minister of Public Works and Urbanism go to the Board.

Art. 36.1 and 2. The responsibilities of the Minister go to the indicated Board.

Art. 37. The responsibilities of the Minister go to the indicated Board.

Art. 39. Without prejudice to the provisions of Article 2 (2) (b). of the Royal Decree approving this Annex, with respect to the processing of public information and the report of the Local Corporations, the competences of the Minister are passed to the Board, except to obtain the reports of the Departments (a) a ministerial meeting of the European Commission in the field of the European Community;

Art. 40.1. b) The competencies of the Minister of Public Works and Urbanism go to the Board, with the existence of a previous report of the Central Planning Commission, through the Ministry of Public Works, when there is no approved Plan Director Territorial Coordination. The report shall be issued by the relevant Advisory Board of the Board of Directors of the Executive Board.

Art. 43.3. The Minister's powers pass to the Board.

Art. 44. The same formal requirement for the Board's agreements, with publication also in the corresponding "Official Gazette of the State".

Art. 47.2. The Minister's powers pass to the Board.

Art. 50. The competences of the Minister and the Council of Ministers go to the Board.

Art. 51.1. The Board has the same powers as the Council of Ministers. This shall be exercised in cases where the corresponding Territorial Coordination Director Plan is not approved or for reasons of supra-regional interest, in any case the report of the Board shall be required.

The additional and subsidiary rules referred to in this article may be dictated by the Board.

Art. 70.1. The responsibilities of the Minister are transferred to the Board, except those related to supra-regional rules.

Art. 70.3. The powers of the Council of Ministers are passed to the Board, and the report of the Central Planning Commission will be replaced by that of the corresponding Board of Directors.

Art. 91.2. The competencies of the Ministries of Territorial Administration and Public Works and Urbanism go to the Board.

Art. 114.1. The Board is included among the implementing entities of the Urban Plans.

Art. 115. The Board is included among the Entities that may constitute Limited Companies or Mixed Economy Companies for the execution of the Management Plans.

Art. 121. The powers of the Council of Ministers and the Minister of Public Works and Urbanism go to the Board; for their exercise the requirement of the prior opinion of the State Council is maintained.

Art. 149.2. The powers of the Council of Ministers go to the Board. The assumptions motivated by strategic-military reasons, supra-regional reasons and non-transferred competences are excluded.

Arts. 155.2 and 3, 164, 169.3 and 170. The competencies of the Minister of Public Works and Urbanism go to the Board.

Arts. 180.2 (second paragraph) and 3 (first paragraph). The powers of the Minister of Public Works and Urbanism shall be exercised after the Board's report.

Arts. 184, 186 and 187. The responsibilities of the Civil Governor pass to the Board.

Arts. 188.3 and 191.2. The competencies of the Minister of Public Works and Urbanism go to the Board.

Arts. 206 and 207. The Board is included among the governing bodies and managers of the urban activity in the form established by this Royal Decree.

Arts. 210 and 211. The competencies of the Central Commission of Urbanism pass to the Board, and a representative of the Ministry of Public Works and Urbanism must be formed in the advisory superior body that in the field of planning and planning is framed in it.

Art. 213.1. a) The responsibilities of the civil governor pass to the Board.

b) The Provincial Planning Commissions will depend on the Board.

Art. 215 3, 4 and 5, a) The powers of the Council of Ministers go to the Board.

b) The responsibilities of the Minister of Territorial Administration are passed to the Board.

c) The competencies of the Minister of Public Works and Urbanism go to the Board.

Art. 216.2 The competences of the Minister of Public Works and Urbanism go to the Board.

Art. 217.2. The responsibilities of the Minister of Territorial Administration go to the Board.

Art. 218. The competences of the Minister of Territorial Administration and the Minister of Public Works and Urbanism go to the Board.

Art. 228.6, (b) The responsibilities of the civil governor are passed to the Board.

c) The competencies of the Minister of Public Works and Urbanism go to the Board, prior to the report of the advisory superior body that is framed in that Board.

(d) The powers of the Council of Ministers are passed to the Board, following a report by the advisory higher body that falls within the Board.

Art. 233. The competencies of the Minister of Public Works and Urbanism go to the Board.

Art. 234. The provisions of this Article shall apply to the acts and conventions of the Board.

Art. 237.2. The provisions of this Article shall apply to the acts of the Board.

B) Regulatory provisions of the Soil Law and concordant:

1. Regulation of Forcible Building, approved by Decree 635/1964 of 5 March.

Art. 8.1, (c) The powers of the Minister and the Council of Ministers are passed to the Board.

Arts. 8.3 and 23.1. Ministerial powers pass to the Board.

2. Decree 1744/1966 of 30 June on the benefits of the urban contribution.

Arts. 8 and 10. The powers conferred by these precepts to the Ministry of Public Works and Urbanism, in terms of initial declaration, issuance of certifications and extension of the term of the benefits, pass to the Board.

3. Royal Decree 1374/1977, of 2 June, on streamlining in the form and execution of plans of urbanism.

As long as it is not modified by the subsequent legislative norms, the competencies of the Ministry of Public Works and Urbanism and the Directorate General of Territorial Action and Urbanism pass to the Board.

C) Law 197/1953, of December 28, on Centers and Zones of National Tourist Interest.

Arts. 8.1, 13.1, 15.1 and 37.1. The competencies of the Minister of Public Works and Urbanism go to the Board.

In addition, the correlative and consistent precepts of the following provisions should be taken into account:

(a) Royal Decree 2159/1978 of 23 June, approving the Planning Regulation.

b) Royal Decree 2187/1978 of 23 June, approving the Regulation of Urban Discipline, and Royal Decree 2472/1978 of 14 October, which suspends the validity of certain articles.

Royal Decree 3288/1978, of 25 August, for which the Regulations of Urban Management are adopted.