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Royal Decree 3530/1981, Of 29 December, On The Transfer Of Powers And Functions Of The Government To The Board Of Communities In The Castilian-La Mancha Region In Local Administration.

Original Language Title: Real Decreto 3530/1981, de 29 de diciembre, sobre transferencia de competencias y funciones de la Administración del Estado a la Junta de Comunidades de la Región Castellano-Manchega en materia de Administración Local.

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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 region Castellano-Manchega was established prior to the transfer of functions and services of the State administration to its corresponding governing body.

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 Preautonomic Entes.

According to the provisions of the Royal Decree two thousand nine hundred and sixty-eight/thousand nine hundred and eighty, of 12 December, the Joint Commission of Transfers of Territorial Administration, created by Ministerial Order of Twenty-five-hundred-eighty-one, after considering the desirability of homogenizing the processes of transfer to the Preautonomic Entes in the field of Local Administration, has adopted, at its meeting of the day one of December 1, 000 nine hundred and eighty-one, the appropriate agreement that the Government approves under the present Royal Decree.

In its virtue, making use of the authorization contained in the article seventh, c), and final disposition second of the Royal Decree-law thirty-one/thousand nine hundred and seventy-eight, of thirty-one of October, upon acceptance of the Board of Communities of the Castellano-Manchega Region, on the proposal of the Minister of Territorial Administration and after deliberation of the Council of Ministers at its meeting of the twenty-ninth day of December of a thousand nine hundred and one, I have:

Article 1.-The proposal for the transfer of powers and functions of the State Administration to the Board of Communities of the Castellano-Manchega Region in the field of Local Administration, elaborated by the The Commission is also concerned with the use of the information provided by the Commission.

Article 2.-One. Consequently, the powers referred to in the agreement which is included as Annex I to the Royal Decree and transferred to it by the Personal Media are transferred to the Board of Communities of the Castellano-Manchega Region. The budget is set out in the relations 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.

ADDITIONAL DISPOSITION

The Board of Communities of the Castellano-Manchega Region may challenge the acts and agreements of the Local Corporations that constitute an infringement of the laws and directly affect them before the Jurisdiction-Administrative Jurisdiction. matters which have been transferred to them by the State Administration.

This challenge will produce the effects foreseen in the eighth article of the Law of the Quarantine/Thousand nine hundred and eighty-one, of twenty-eight of October.

FINAL PROVISIONS

First.-One. Where, for the exercise of any of the powers transferred to the Board of Communities by this Royal Decree, the opinion of the Council of State is required, the request of the Council of State shall be agreed by that Board of Communities. requesting it through the Ministry specifically responsible for the matter in question, who will require the State Council to issue it.

The same procedure will be followed when the Board of Communities 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 which the legislation in force requires from other bodies other than the State Council shall be maintained with the same character as they have established, but their issuance shall be the equivalent bodies which exist or are established within the said Board of Communities.

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-one/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 that Board of the Communities, the action for the replacement of the administrative procedure shall be the case, unless otherwise provided for in the case of an appeal for an appeal against the decision of the Board of Appeal. 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 exercise of the powers transferred to the Board of Communities of the Castellano-Manchega Region in this Royal Decree may be delegated in its case, by this to the Provincial Diputations included in its territorial scope, which shall, in the exercise of those powers, comply with the guidelines and forecasts contained in the rules of delegation.

The delegation agreements, which shall be published in the Official Journal of the States and in that of the Board of Communities, shall be effective from the day following that of their publication.

Fifth.-The Board of Communities of the Castellano-Manchega Region 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 agreements in the "Official State Gazette" and in that of the aforementioned Board of Communities.

Sixth.-The Ministry of Territorial Administration will dictate the precise provisions for the development and implementation of this Royal Decree.

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

Given in Baqueira Beret at twenty-nine in December of a thousand nine hundred and eighty-one.-JUAN CARLOS R.-The Minister of Territorial Administration, Rafael Arias-Salgado and Montalvo.

ANNEX I

Don J. F. H. S., Secretary of the Joint Commission of Territorial Administration certifies:

At the plenary session of the Commission, held on 1 December 1981, agreement was adopted approving the proposal for a transfer to the Community Board of the Castellano-Manchega Region of the powers and functions of the Local Administration, in the following terms:

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

1. Territorial demarcation.

1.1. The constitution and dissolution of Minor Local Entities.

1.2. The deslindes of municipal terms.

1.3. The distribution of the municipal term in districts and the reform, increase or decrease of the existing ones.

1.4. The initiation of the files of alteration of municipal terms and dissolution of local entities Minor.

2. Organization.

2.1. The constitution of voluntary municipal communities and forced groupings of municipalities.

2.2. The forced grouping of municipalities with a population of less than 5,000 inhabitants for the provision of the public services considered essential by the Law, in the cases in which they lack sufficient economic resources.

2.3. The alteration of the names and capital of the municipalities.

3. Legal regime.

The alteration of the possible violations of the Ordinance and Regulations of the Local Corporations.

4. Intervention regime.

The dissolution of the Boards of Directors when their management is seriously harmful to the general interests of the Preautonomic Entes.

5. Provision of assets owned by the Local Corporations.

5.1. The authorization of the files of disposal, permuse or lien of real estate of the Local Corporations, when their value does not exceed 25 per 100 of the annual budget of the Corporation.

5.2. Prior knowledge in the cases of disposal, permuse or lien of real estate owned by the Local Corporations, when their value does not exceed 25 per 100 of the annual budget of the Corporation.

5.3. The authorization for direct sale or permuse in favor of owners adjacent to unusable and leftover parcels of public roads when the value of the goods exceeds 25 per 100 of the annual budget of the Corporation.

5.4. Prior knowledge in the cases of direct sale or permuse in favor of owners adjacent to non-usable and leftover parcels of public roads, when the value of the goods does not exceed 25 per 100 of the annual budget of the Corporation.

6. Management and use of assets of Local Corporations.

6.1. The authorisation of transactions on property and local heritage rights.

6.2. The approval of agreements subject to the judgment of arbitrators on disputes arising out of property and rights of the local heritage.

6.3. The approval of special ordinances for the enjoyment and use of communal mountains.

6.4. The approval of cases of disaffection of communal property of the Local Corporations.

6.5. The approval of the dossiers for the inclusion of communal goods in a parcelary concentration.

6.6. The authorization or conformity to establish agreements between the Local Corporations and Private and private entities for the afforestation of all kinds of mountains of said Corporations, except in any case, of the mountains cataloged.

7. Local services.

The approval of the Statutes of the Consorcios constituted by the Local Corporations with Public Entities, except when one of the consorcated entities is the State, an Autonomous Body or Local Corporations located outside the territory.

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

No assets are transferred.

C) Personal assigned to the functions that are transferred.

The staff assigned to the functions transferred is the one referred to in the attached relationship number 1 *, which will become dependent on the Board of Communities of the Castellano-Manchega Region, in the legally provided terms by the rules in each applicable case.

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

D) Jobs of vacant jobs that are transferred.

No vacant jobs are transferred.

E) Budgetary appropriations affected by the services being transferred.

The budgetary appropriations for the services transferred for the exercise of the functions and powers transferred are those of the ratio number 2 *.

By the Ministry of Finance the necessary measures will be taken for the effective transfer to the aforementioned Board of the appropriate allocations, in accordance with the provisions of the General Budget Law, the Law of the Budgets General of the State and other supplementary provisions.

F) Date of effectiveness of the transfers.

The transfer of powers and functions and the transfer of resources, which are the subject of this agreement, will be effective from 1 January 1982.

And for the record, I request this certification in Madrid at December 1, 1981.-The Secretary of the Joint Commission of Territorial Administration J. F. H. S. Signed.

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

ANNEX II

Annex I A) * Legal Precepts Affected *

Apart. 1.1 * Articles 23 to 28 of the Law of Local Regime. *

* Articles 41 to 52 of the Population Regulation. *

Apart. 1.2 * Article 21 of the Local Regime Law. *

* Articles 26 to 31 of the Population Regulation. *

Apart. 1.3 * Article 3 of the Population and Territorial Demarcation Regulation. *

Apart. 1.3 * Articles 20 to 28 of the Local Regime Law. *

* Article 14 of the Population and Territorial Demarcation Regulation. *

Apart. 2.1 * Articles 10 to 17 of the partial text of Law 41/1975, of Bases of the Statute of Local Regime, approved by Royal Decree 3046/1977 of 6 October. *

Apart. 2.2 * Second, fourth and fifth articles of the partial text of Law 41/1975, adopted by Royal Decree 3046/1977 of 6 October 1977. *

Apart. 2.3 * Article 22 of the Local Regime Law. *

* Article 34 of the Population and Territorial Demarcation Regulation. *

Apart. 3 * Articles 109 and 110 in relation to article 362, 1, fourth, and 366 of the Local Regime Act. *

Apart. 4 * Article 422, 2, of the Law of Local Regime. *

Apart. 5.1 * Article 189 of the Local Regime Law. *

* Article 95 of the Goods Regulation. *

Apart. 5.2 * Article 189 of the Local Regime Law. *

* Article 95 of the Local Corporate Assets Regulation. *

Apart. 5.3 * Article 189 of the Local Regime Law. *

* Articles seventh, 97 and 100 of the Local Corporate Assets Regulation. *

* Article 6 of the Local Rules of Procedure. *

Apart. 5.4 * Article 189 of the Law of Local Regime. *

* Articles 7, 95 and 100 of the Local Corporate Assets Regulation. *

* Article 6 of the Local Rules of Procedure. *

Apart. 6.1 * Article 659, 2, of the Law of Local Regime. *

* Article 340 of the Rules of Organization, Operation and Legal Regime of Local Corporations. *

Apart. 6.2 * Article 659, 3, of the Local Regime Law. *

Apart. 6.3 * Article 192, 4, of the Local Regime Law. *

* Article 86 of the Goods Regulation. *

Apart. 6.4 * Article 194 of the Law of Local Regime. *

* Article 83 of the Goods Regulation. *

Apart. 6.5 * Joint Order of the Ministry of Government and Agriculture of 20 July 1956. *

Apart. 6.6 * Article 53 of the Law of Mountains. *

* Articles 296 to 301 of the Montes Regulation. *

* Article 39 of the Local Corporate Assets Regulation. *

Apart. 7 * Article 107 of the partial text of Law 41/1975, of Bases of the Statute of Local Regime, approved by Royal Decree 3046/1977 of 6 October. *