the Royal Decree-Law twenty/thousand nine hundred and seventy-eight, of thirteen of June, for which the pre-autonomous regime for Castilla-Leon was established prior to the transfer of functions and services of the State Administration to its Government 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 of December 12, 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 transfer 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 sixth article, c), of the aforementioned Royal Decree-Law twenty/thousand nine hundred and seventy-eight, after acceptance of the General Council of Castilla y León, on a proposal of the Ministries of Public Works and Urbanism and 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 eighty-one, I have:

Article 1.-The proposal for the transfer of functions and services of the State Administration to the General Council of Castilla y León in matters of urban planning, prepared by the corresponding Commission, is approved. Mixed of transfers, as well as the transfer of the personal, budgetary and economic means necessary for the exercise of those.

Article 2.-One. Consequently, the Preautonomic General Council of Castilla y León is transferred to the powers referred to in the agreement, which is included as Annex I to this Royal Decree and transferred to the same services and institutions and the property, rights and obligations, as well as staff and budget appropriations, which are listed 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 Mixed Commission of Transfers.

FINAL PROVISIONS

First.-One. Where, for the purposes of any of the powers transferred to that Council by this Royal Decree, the opinion of the Council of State is perceptive, the request of the Council of State shall necessarily be agreed by the Council, 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 Council voluntarily agrees to 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, which exist or are created within the General Council of Castilla y León.

Second.-One. Without prejudice to the application of the legislation governing the matter, subject to the transfer of this Royal Decree, the legal regime of the acts of the Council shall be accommodated in accordance with 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, contrary to the resolutions and acts of the aforementioned Council, the remedy for replacement, prior to the administrative-administrative procedure, except that by another legal provision the interposition of the resource of the alzada, which is It will be before the Council itself. The legal status of these resources will be established 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 Council of the present Royal Decree may be delegated, if necessary, by this to the Provincial Diputations within its territorial scope, which must comply, in the exercise of these powers by 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 the Council, will be effective from the day after their publication.

Fifth.-The Council will organize the precise services and distribute among the corresponding bodies the competences, which will be transferred to him by the present Royal Decree, publishing the corresponding agreements in the Official of the State > and in that of the same Council.

Sixth.-The Ministry of Public Works and Urbanism and the General Council of Castilla y León will collaborate, as necessary, for the best functioning of the transferred services.

Seventh.-By Order of the Presidency of the Government, at the proposal of the Ministry of Public Works and Urbanism and of the Territorial Administration, in any case, the precise provisions for the development and execution 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:

At the plenary session of the Commission, held on 3 December 1981, agreement was adopted, approving the proposal for a transfer to the Preautonomic Ente General Council of Castile and Leon of the powers, functions and services. in the field of urban planning, in the following terms:

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

1. Powers and functions.

I. The General Council of Castilla y León is transferred all the powers conferred on the State Administration by the Law of Legal Regime of Soil and Urban Planning, recast text approved by Royal Decree 1346/1976 of 9 April, and by Regulations and concordants, in so far as it affects the respective territorial scope of that Council 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 Castilla-Leon shall be made by the Bodies or Entities to be determined by the Council, which shall also indicate its territorial scope and time limit in which they are to be drawn up, 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 purposes 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; The Ministry of Public Works and Urbanism will forward them back to the Council in conjunction with the reports issued.

Approved by the Council, they will be submitted to the Ministry of Public Works and Urbanism, for the purposes set forth in paragraph 2 of the aforementioned article of the Law of Soil.

c) The Council shall definitively approve the General Plans and the Special Plans, which do not develop the general planning, Urban Action Programmes and Complementary Standards and Subsidiaries of 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 Planning Commission in the General Plans of provincial capitals and municipalities of more than fifty thousand. inhabitants, whether they are new Plans, 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 Soil Law, shall be deemed to be attributed to the Council on its territory, without prejudice to the Council of Ministers, acting on a proposal from the Minister of Public works and urbanism, and after the Council's report, 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. (a) provision, where it is motivated by strategic-military, supra-regional reasons, on the basis of powers not transferred to the Council, even if they affect its territory.

In the other cases, the agreement will be the General Council of Castilla y León.

f) In the cases referred to in Article 180 (2) and (3) of the Soil Law, relating to works, which are carried out in the territory of Castilla y León, the report of the Council, prior to the lifting of the the Minister of Public Works and Urbanism to the Council of Ministers for their 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 powers of the Administration are transferred to the Council of the State, which in it relate.

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

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

i) The Council, in accordance with 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, which of They are dependent, ensuring adequate representation of the services of the State.

Until the new cessation 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 Standards and Subsidiary of Planning, Urban Standards, Ordering, Urban Soil Delimitations and Catalogs, it will be transmitted, once definitively approved by the Council, 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 that are, where applicable, standardised at the State level.

III. One. A representative of the General Council of Castilla y León will be part of the Central Planning Commission.

Two. The Provincial Planning Committees will be dependent on the Council.

Three. A representative of the Ministry of Public Works and Urbanism of the higher body will form part, which, with a consultative character in planning and urban planning, will, if necessary, frame the Council.

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 General Council of Castilla y León.

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 relationship 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 of the rules in each case applicable.

By the Undersecretary of the Ministry of Public Works and Urbanism and other competent bodies in the field of personnel, the persons concerned will be notified of the transfer. A summary of all the files of such staff shall also be forwarded to the competent Council bodies.

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 General Council of Castilla y León of the appropriate appropriations, in accordance with the provisions of the General Budget Law, the Law of 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 am issuing this certification in Madrid at December 3, 1981.-The Secretary of the Joint Commission for the Transfer of Public Works and Urbanism, G. P. de D.

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

ANNEX II

Agreement section * Legal precepts affected *

A. 1 * (A) Articles of the Law on Soil and Urban Planning. *

* Article 25. The competencies of the Ministry of Public Works and Urbanism are transferred to the General Council of Castilla y León. *

* Article 28.2. The competences of the Ministry of Public Works and Urbanism pass to the aforementioned Council. *

* Article 30.1. The competences of the Minister of Public Works and Urbanism go to the General Council of Castilla y León, except the proposal to the Council of Ministers of the Organisms or Entities that have to intervene in the elaboration of the Plans Directors Territorial Coordination, together with the Bodies or Entities that would have to formulate them, according to the General Council agreement, which must be submitted to the ratification of the Council of Ministers, unless the formation of such Plans is assumed by the General Council itself. *

* Article 32.1. The competences of the Minister of Public Works and Urbanism pass to the Council. *

* Article 33.1. The competences of the Minister of Public Works and Urbanism and those of the Directorate General of Territorial Action and Urbanism pass to the Council. *

* Article 35.1, (b) The approval of the General Council of Castilla y León is hereby established as a prerequisite for the approval by the Council of Ministers of the Territorial Directors ' Plans of Castilla y León. *

* 1, c) The competencies of the Minister of Public Works and Urbanism go to the General Council, requiring only prior report of the Central Planning Commission, when it is the final approval of Plans In the case of the general government of the province and the municipalities of more than fifty thousand inhabitants, the corresponding Territorial Coordination Plan of Coordination is approved. *

* 1, d) The competencies of the Provincial Planning Commissions pass to the Council. *

* 2, b) The competencies of the Minister of Public Works and Urbanism pass to the Council. *

* Article 36.1 and 2. The Minister's powers pass to the indicated Council. *

* Article 37. The Minister's powers are passed to the Council. *

* Article 39. Without prejudice to the provisions of Article 2 (2) (b) of the Royal Decree, in respect of which this Annex is adopted, with regard to the processing of public information and the report of the Local Corporations, the powers of the Minister are passed to the Council, except for to obtain the reports of the ministerial departments which have not been involved in their preparation and which they may be interested in because of their competence. *

* Article 40.1, b) The competencies of the Minister of Public Works and Urbanism go to the General Council of Castilla y León, with the existence of a previous report of the Central Commission of Urbanism, through the Ministry of Works Public, where there is no approved Coordination Territorial Director Plan. If there is a Director Plan, the report shall be issued by the relevant advisory body of the Council. *

* Article 43.3. The Minister's powers pass to the Council. *

* Article 44. The same formal requirement for Council agreements, with publication also in the corresponding Official Journal of the State. *

* Item 47.2. The Minister's powers pass to the Council. *

* Article 50. The powers of the Minister and the Council of Ministers go to the General Council of Castilla y León. *

* Article 51.1. The General Council of Castilla y León has the same powers as the Council of Ministers. This shall be exercised in cases where the corresponding Territorial Director-Coordination Plan is not approved or for reasons of supra-regional interest, in any case the Council's report shall be required. *

* The additional and subsidiary rules referred to in this Article may be dictated by the Council. *

* Article 70.1. The Minister's powers pass to the General Council of Castilla y León, except those related to supra-regional norms. *

* Article 70.3. The powers of the Council of Ministers are passed to the General Council of Castilla y León, and the report of the Central Planning Commission will be replaced by that of the corresponding Council body. *

* Article 91.2. The competences of the Ministries of Territorial Administration and Public Works and Urbanism pass to the Council. *

* Article 114.1. The General Council of Castilla y León is included among the implementing entities of the urban plans. *

* Article 115. The General Council of Castilla y León is included among the Entities that may constitute anonymous Societies or Joint Economy Companies for the implementation of the Planning Plans. *

* Article 121. The powers of the Council of Ministers and the Minister of Public Works and Urbanism go to the General Council of Castilla y León, for their exercise the requirement of the previous opinion of the Council of State is maintained. *

* Article 149.2. The powers of the Council of Ministers go to the General Council of Castilla y León. The assumptions motivated by strategic and military reasons are excluded, and non-transferred competences are excluded. *

* Articles 155.2 and 3; 164; 169.3 and 170. The competences of the Minister of Public Works and Urbanism pass to the Council. *

* Articles 180.2 (paragraph 2.) and 3 (paragraph 1.). The powers of the Minister for Public Works and Urbanism shall be exercised after the Council has been informed. *

* Articles 184, 186 and 187. The responsibilities of the civil governor go to the General Council of Castilla y León. *

* Articles 188.3 and 191.2. The competences of the Minister of Public Works and Urbanism pass to the Council. *

* Articles 206 and 207. The General Council of Castilla y León is included among the management bodies and managers of the urban planning activity in the form established by this Royal Decree. *

* Articles 210 and 211. The competencies of the Central Commission of Urbanism pass to the General Council of Castilla y León, and a representative of the Ministry of Public Works and Urbanism must be formed in the higher advisory body than in the field of planning and urbanism is framed in it. *

* Articles 213.1. (a) The privileges of the Civil Governor pass to the Council. *

* (b) The Provincial Planning Commissions will depend on the Council. *

* Article 215.3, 4 and 5, a) The powers of the Council of Ministers go to the General Council of Castilla y León. *

* b) The competences of the Minister of Territorial Administration pass Council. *

* c) The competencies of the Minister of Public Works and Urbanism pass to the Council. *

* Article 216.2. The competences of the Minister of Public Works and Urbanism, pass to the Council. *

* Article 217.2. The responsibilities of the Minister for Territorial Administration are passed to the Council. *

* Article 218. The competences of the Minister of Territorial Administration and the Minister of Public Works and Urbanism pass to the Council. *

* Article 228.6, (b) The powers of the Civil Governor pass to the Council. *

(c) The powers of the Minister for Public Works and Urbanism are passed to the Council, subject to the report of the advisory body which is framed in that Council. *

(d) The powers of the Council of Ministers are passed to the General Council of Castile and Leon, following a report by the advisory body which is framed in this Council. *

* Article 233. The competences of the Minister of Public Works and Urbanism pass to the Council. *

* Article 234. The provisions of this Article shall apply to acts and conventions of the Council. *

* Article 237.2. The provisions of this Article shall apply to acts of the Council. *

* B) Regulatory provisions of the Soil Law and concordant. *

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

* Article 8.1, C) The powers of the Minister and the Council of Ministers are passed to the General Council of Castilla y León. *

* Articles 8.3 and 23.1. Ministerial powers pass to the Council. *

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

* Articles 8 and 10. The General Council of Castilla y León is transferred to the competencies attributed 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. *

* 3. Royal Decree 1374/1977 of 2 June on streamlining in the form and execution of Planning Plans. *

* As long as it is not modified by subsequent legislative norms, the General Council of Castilla y León is transferred to the competences of the Ministry of Public Works and Urbanism and the Directorate General of Territorial Action and Urbanism. *

* C) Law 197/1963 of 28 December on Centres and Areas of National Tourism Interest. *

* Articles 8.1, 13.1, 15.1, and 37.1. The competences of the Minister of Public Works and Urbanism pass to the Council. *

* The correlative and concordant precepts of the following provisions should also 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. *