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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Royal Decree-Law thirty-two / in 1978, of October 31, by which the pre-autonomous regime was established for the Castilian-Manchego Region foresaw the transfer of functions and services of the State Administration their relevant government bodies.


Moreover, Royal Decree two thousand nine hundred and seventy / 1980 of 12 December, regulates the transfer of services from the State Administration to pre-autonomous entities, and the Royal Decrees two thousand nine hundred sixty-eight / in 1980, of December 12, and two thousand three hundred fifty-one / in 1981, of September 18, modified the functioning and composition of the Joint Transfer Committee to pre-autonomous entities.


In accordance with the provisions of Royal Decree two thousand nine hundred sixty-eight / 1980, of December 12, the Joint Committee on Transfer of Public Works and Urbanism, created by Ministerial Order of 25 March 1900 eighty one, after considering the desirability of standardizing processes transfers to pre-autonomous entities in the field of Urban Development, adopted at its meeting on December 3 from in 1981 to a timely agreement that the Government approved under this Royal Decree.


By virtue of making use of the authorization contained in Article seventh, c), of the Royal Decree-Law thirty-two / in 1978, upon acceptance of the Government of the Castilian-Manchego region, a proposal from the Ministries of Public Works and Town Planning and Territorial Administration, and after deliberation by the Council of Ministers at its meeting of twenty-ninth of December in 1981, I have:


Article One proposed transfer of powers functions and services of the State Administration to the Government of the Castilian-La Mancha region, in urban planning, prepared by the relevant Joint Committee on Transfer, is approved and such as the transfer of precise personal, budgetary and economic means to exercise those.


One Article Two. Consequently, Ente preautonomic are transferred to the Government of the Castilian-Manchego Region competences to the Agreement which is included as Annex I to this Royal Decree and transferred to it refers the services and institutions and assets, rights and obligations, as well as personnel and budgetary appropriations in the numbers one to three relationships Agreement itself attached to the Joint Commission stated in the terms and conditions specified therein.


Two. In Annex II of this Royal Decree the affected laws are collected by this transfer.


Article three.- These transfers will be effective from the date specified in the Agreement of the Joint Committee on Transfer.

FINAL PROVISIONS



First.- One. When to exercise any of the powers transferred to said Board by this Royal Decree is mandatory to the opinion of the State Council, the request of the same will necessarily agreed by that Board, requesting it through the Ministry of Public Works and Urbanism, who require the State Council for issuance.


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


Two. Except in cases provided for in this Royal Decree, other reports as required by applicable law other bodies other than the Council of State, will remain with the individual character that have established, but the issue will correspond to the equivalent bodies that exist or They created within the Government of the Castilian-Manchego 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 will accommodate the provisions of the Act thirty-two / in 1981, to July 10; the Law on Legal Regime of the State Administration and the Administrative Procedure.


Two. Against decisions and acts of said board will fit the internal appeal before the administrative litigation, unless other provision of law by the filing of administrative appeal, which will be tried before the Board itself were required. The legal status of these resources will be established in the Administrative Procedure Law and the Administrative Jurisdiction.



Third.- delivery of documentation and records of the transferred services and instruction and resolution that are pending, as well as the appeals filed against acts of the State Administration, will be carried out accordance with the provisions of article two of Royal Decree two thousand nine hundred and seventy / 1980 of 12 December.


Fourth.- The exercise of the powers transferred to the Board in this Royal Decree may be delegated, where appropriate, by the Commission, the Provincial Councils including in its territory, which must, in the exercise of these competencies, guidelines and provisions contained in the rules of delegation.


Delegation agreements, to be published in the and the Board, shall be effective from the day following its publication therein.


Fifth.- The Board will organize the precise services and distributed to the relevant bodies the powers are transferred by this Royal Decree, to be published in the relevant agreements and that of the Board.


Sixth.- The Ministry of Public Works and Urbanism and the Government of the Castilian-Manchego region to mutual cooperation, to the extent necessary for the better functioning of the services transferred.


Seventh.- By Order of the Prime Minister, at the proposal of the Ministry of Public Works and Town Planning and Territorial Administration, in any event, the precise arrangements for the development and implementation of this Royal Decree will be rendered.


Eighth.- This Royal Decree shall enter into force on the day of its publication in the.


Given in Baqueira Beret to December 29 of 1980 and one.- JUAN CARLOS R. The Minister of the Presidency, Matias Rodriguez Inciarte.

ANNEX I



GP Don D., Secretary of the Joint Committee on Transfer of Public Works and Urbanism, certifies:


That the plenary session of the Committee held on December 3, 1981 agreement was adopted, approving proposed transfer to preautonomic Ente Government of the Castilian-Manchego Region of the powers, functions and services in Planning in the terms set out below:


A) Designation of the powers, functions and services transferred.


1. Powers and duties.


I. They are transferred to the Government of the Castilian-Manchego Region all powers conferred to the State Administration for the Legal System of Soil and Town Planning, revised text approved by Decree 1346/1976, of 9 April, and regulations and related provisions, in matters affecting the respective territorial scope of that Board under the terms specified in the annex to affected laws, and considering the following exceptions:


A) The drafting and approval of the National Development Plan will be regulated in accordance with the regulations.


B) Plans Territorial Directors of Coordination in the Castilian-Manchego region will be developed by agencies or entities determined by the Board, which also will mark their territory and time when they must be drafted without prejudice to the Council Ministers point to the bodies or entities who will be engaged in its development.


Once formulated Master Plans, these will be submitted by the undertakings or entities that have drawn the public inquiry and report Local Corporations, whose hamper territory for subsequent submission to the Ministry of Public Works and Urbanism , to the effect that the reports of the ministerial departments in the terms and with the effects provided in section one of article 39 of the Land Law is collected; the Ministry of Public Works and Urbanism forward them back to the Board together with the reports issued.


Approved by the Board, they shall be submitted to the Ministry of Public Works and Urbanism for the purposes specified in paragraph two of Article of the Land Law.



C) The Board finally approved the General and Special Plans, not to develop general planning, Urban Action Programs and Subsidiaries Supplementary Rules and Planning, which provincial capitals, populations of more than fifty thousand relate and affecting several municipalities. However, until the corresponding Territorial Master Plan is not approved, it will be necessary requirement prior report of the Central Planning Commission in the General Plans provincial capitals and municipalities with more than fifty thousand inhabitants, whether it comes Plans new and its modifications, adaptations or revisions to be requested through the head of the Department of Public Works and Urbanism.


D) The power to suspend the validity of the Plans, under Article 51.1 of the Land Law, the term attributed to the Board on its territory, without prejudice to the Council of Ministers, on a proposal by the Minister of Public works and Urban Development, and the report of the Board, also can agree that suspension for reasons of supra-regional interest, while there is no approved Territorial Coordination Plan.


E) The agreement authorizing the formulation and implementation of Urban Action Programs, to the number two of article 149 of the Land Law refers, shall be adopted by the Council of Ministers as provided in that provision, when I come motivated by strategic military, supra reasons based on competences not transferred to the Board, even if affecting their territory.


In other cases, the agreement shall be the Government of the Castilian-Manchego Region.


F) referred to the numbers two and three of Article 180 of the Land Law relating to works carried out in the territory of the Castilian-Manchego region, the assumptions will be mandatory report of the Board, prior to raising the record by the Minister of Public Works and Urban Development to Cabinet for final decision.


G) the provisions of the revised text of the Land Law shall be met on their own terms, on transposing the Law on General Plans in force, although the Board transferred the powers of the State Administration that in it they relate.

Excepted
transfers the powers that the last paragraph of the fourth transitory provision that agreement of the Board shall be exercised concerns.


H) When the Government, in exercise of the powers conferred by the Land Law will adopt decisions on development of it affecting the exercise of powers transferred to the Board, it may request previous reports it considers accurate.


I) The Board, fourth line with the provisions of the Land Law at the disposal, propose to the Minister of Public Works and Urbanism modification of the composition of the Provincial Planning Commissions which it is responsible, ensuring adequate representation of State Services.

Until
not the new composition of the Provincial Planning Commissions approved, they will retain their current organizational structure, with the modifications arising from this Royal Decree.


II. Of all the plans, programs, complementary and subsidiaries of planning standards, planning regulations, ordinances, delimitations of urban land and catalogs, it will be forwarded once they are finally approved by the Board, a copy to the Minister of Public Works and Urban Development, as well as equal copy of any revision or modification to occur in such documents, even if it is on appeal.


Transfer data for statistical purposes are those which, if any, are standard at the state level.


III. One. Formara of the Central Planning Commission a representative of the Government of the Castilian-Manchego Region.


Two. Provincial Planning Commissions will depend on the Government of the Castilian-Manchego Region.


Three. Be part of a representative of the Ministry of Public Works and Urbanism of the upper body in an advisory capacity in the field of Urban and Regional Planning, is framed, if any, on the Board.


2. Services and institutions that carry over.


Planning services Delegations of the Ministry of Public Works and Urbanism corresponding to the integrated into the Government of the Castilian-Manchego Region provinces.


B) Fixed assets, rights and obligations of the State which are transferred.



Were transferred to Ente assets, rights and obligations of the State which are reflected in the attached list number 1 *, under the terms and subject to the formalities provided in Law 32/1981, of July 10 and Article 1. Royal Decree 2970/1980, of 12 December.


C) staff assigned to the services and institutions that carry over.


The secondment to the services and transferred institutions, and referenced in the attached list No. 2 *, staff will depend on the Pre-Autonomy Ente in the terms legally provided by the rules applicable in each case.


By the Undersecretary of the Ministry of Public Works and Urban Development and other relevant bodies on staff, stakeholders are notified of the transfer. the competent organs of the Board a summary of all records of the transferees shall also be forwarded.


D) Job vacancies are transferred.


The vacancies that are transferred are detailed in the ratio 2.2 * number.


E) budget appropriations assigned to the transferred services.


The budget appropriations assigned to the transferred services, to exercise the functions and powers that are transferred are those in the relationship number 3 *.


By the Ministry of Finance the necessary measures for the effective transfer to the Government of the Castilian-Manchego Region of the appropriate provisions in accordance with the provisions of the General Budget Law, Law on the Budget be adopted State and other supplementary provisions.


F) Date of Effectiveness of transfers.


The transfer of powers and functions and the transfer of the means covered by this Agreement shall be effective from January 1, 1982.


And for the record, I issue this certificate in Madrid on December 3, 1981.- The Secretary of the Joint Committee on Transfer of Public Works and Urbanism, GP D.


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

ANNEX II




Affected legal Precepts


Section A.1 agreement

A) Articles of the Law on Land and Urban Planning:


Art. 25. The powers of the Minister of Public Works and Urbanism are transferred to the Government of the Castilian-Manchego Region.


Art. 28.2. The powers of the Minister of Public Works and Town Planning Board said pass.


Art. 30.1. The powers of the Ministry of Public Works and Urbanism go to the Board, except the proposal to the Council of Ministers of the bodies or entities who will be engaged in the preparation of Master Plans Territorial Coordination, along with the bodies or entities that would to formulate, by agreement of the Board, which shall be subject to ratification of the Council of Ministers, unless the formulation of such plans was assumed by the Board itself.


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


Art. 33.1. The powers of the Minister of Public Works and Urban Development and the General Directorate of Territorial Action and Urban pass the Board.


Art. 35.1, b). the approval of the Board is established as a requirement prior to approval by the Council of Ministers of the Directors Territorial Plans Castilian-Manchego Region.


1 c). The powers of the Minister of Public Works and Urbanism go to the Board, requiring only report before the Central Planning Commission in the case of final approval of General Plans provincial capitals and municipalities with more than fifty thousand inhabitants, and this until the corresponding Territorial Coordination Plan is approved.


1, d). The powers of the Provincial Planning Commissions go to the Board.


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


Art. 36.1 and 2. The powers of the Minister passed to the Board indicated.


Art. 37. The powers of the Minister passed to the Board indicated.


Art. 39. Without prejudice to the provisions of Article 2, b). Royal Decree which this Annex, with respect to the public inquiry and report Local Corporations approved, the powers of the Minister passed to the Board, except to collect reports from ministerial departments which did not intervene in their development and that might interest because of their competition.



Art. 40.1. b) The powers of the Minister of Public Works and Urbanism go to the Board, with the existence of the report of the Central Planning Commission, through the Ministry of Public Works, where there is no approved Territorial Coordination Plan. If there Master Plan report will be issued by the relevant Advisory Body top of that Board.


Art. 43.3. The Minister's authority passed to the Board.


Art. 44. The same formal requirements for agreements of the Board, in addition to the corresponding publication.


Art. 47.2. The Minister's authority passed to the Board.


Art. 50. The powers of the Minister and the Council of Ministers passed to the Board.


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


Complementary and subsidiary legislation referred to this article may be issued where appropriate by the Board.


Art. 70.1. The Minister's authority passed to the Board, except those related to supra-regional standards.


Art. 70.3. The powers of the Council of Ministers passed to the Board, and the report of the Central Planning Commission is replaced by the corresponding organ of the Board.


Art. 91.2. The powers of the Ministry of Territorial Administration and Public Works and Town Planning Board pass.


Art. 114.1. It includes the Board between the executing agencies of Urban Planning.


Art. 115. The Board is included among the entities that may constitute Corporations or companies mixed economy for the execution of the plans.


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


Art. 149.2. The powers of the Council of Ministers passed to the Board. They motivated by strategic and military reasons and supra-regional powers not transferred reasons assumptions are excluded.


Arts. And 3 155.2, 164, 169.3 and 170. The powers 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 report of the Board shall be exercised.


Arts. 184, 186 and 187. The powers of the civil Governor passed to the Board.


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


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


Arts. 210 and 211. The powers of the Central Planning Commission passed to the Board, must be part a representative of the Ministry of Public Works and Urbanism at the top advisory body in planning and urbanism frame on it.


Art. 213.1. a) The powers of the civil Governor passed to the Board.


B) The Provincial Planning Commissions depend on the Board.


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


B) The powers of the Minister of Territorial Administration go to the board.


C) The powers of the Minister of Public Works and Urbanism go to the Board.


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


Art. 217.2. The powers of the Minister of Territorial Administration passed to the Board.


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


Art. 228.6, b) The powers of the civil Governor passed to the Board.


C) The powers of the Minister of Public Works and Town Planning Board passed on the report of the Advisory upper body that is framed in such meeting.


D) The powers of the Council of Ministers passed to the Board on the report of the Advisory upper body that is framed in such meeting.


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


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


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


B) regulations of the Land Law and related provisions:



1. Compulsory Building Regulations, approved by Decree 635/1964, of 5 March.


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


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


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


Arts. 8 and 10. They go to the Board the powers conferred by those provisions to the Ministry of Public Works and Urbanism, in terms of initial declaration, issuance of certificates and term extension of benefits.


3. Royal Decree 1374/1977, of June 2, on streamlining the form and implementation of urban planning.


As result unmodified by subsequent legislation, passed to the Board the powers of the Ministry of Public Works and Urban Development and the Directorate General of Territorial Action and Urban Development.


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


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


Should be considered in addition, correlative and concordant provisions of the following provisions:


A) Royal Decree 2159/1978, of 23 June, approving the Regulation of Planning approved.


B) Royal Decree 2187/1978, of 23 June, approving the Regulation of Town Planning approved, and Royal Decree 2472/1978, of October 14, which suspends the validity of certain items.


Royal Decree 3288/1978, of 25 August, approving the Urban Management Regulations approved.

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