Royal Decree-Law 7/1979, Of 20 February, Which Regulates The Composition Of The Provincial Commission Of Urbanism Of Barcelona.

Original Language Title: Real Decreto-ley 7/1979, de 20 de febrero, por el que se regula la composición de la Comisión Provincial de Urbanismo de Barcelona.

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The Royal Decree thousand three hundred eighty and five/thousand nine hundred seventy-eight, of 23 June, transferred to the Generalitat de Catalunya powers of the Government in town planning.

The sixth transitional provision of the aforementioned Royal Decree empowers the generality to propose to the Ministry of public works and urbanism the necessary modifications to the composition of the provincial commissions of urbanism.

The generality has made such a proposal modifying the composition of the Barcelona Provincial Planning Commission, taking into account the need for coordination with the various agencies of the administration of the State, the special characteristics of the situation of the urban administration in Catalonia and the distribution of the responsibilities arising from transfers of competences in matters related to urban planning.

Since the regulation of the Provincial Commission of urbanism of Barcelona is contained in Decree-Law 5/thousand nine hundred seventy-four, twenty-fourth day of August, its modification should be done by rules of equal rank. Thus designates the Council of State, whose opinion has also been followed in the drafting of the text of this provision so expressly.

By virtue, after deliberation by the Council of Ministers at its meeting in the day twenty of February of thousand nine hundred seventy-nine, in application of the authorization contained in eighty six article of the Constitution, I have: first article.

The Provincial Planning Commission of Barcelona, which, by virtue of the provisions of the Royal Decree thousand three hundred eighty-fifth article and five/thousand nine hundred seventy-eight, of 23 June, depends on the Government of Catalonia, will have the following composition: one. President: A counselor, appointed by the President of the Generalitat de Catalunya.

Two. A Vice President, appointed by the Generalitat de Catalunya, which will act as President in the absence of the proprietor or by the same delegation.

3. Vowels: a) a representative of the Ministry of public works and urbanism and two representatives of the ministries of Defense, finance, education and science, agriculture, trade and tourism, transport and communications, health and Social security or culture, determined by the President because of the issues included in the agenda.

b) the Mayor of the capital of the province.

(c) three mayors more elected from and by the mayors of the municipalities members of the province, and according to the procedure which signals the Executive Council of the Government.

d) the Presidents of the institutions Metropolitan in the province.

e) the Director of the technical presentation of the Commission itself.

j) three vowels of appointees by the President of the Commission, between people of accredited competition between any of the specialties related to territorial politics, Urbanism and the conservation of the natural heritage, residences in the respective province.

Four. The Secretary, who will work with voice and without vote, shall be appointed by the President of the Commission from among the officials attached to the generality.

5. Will act as the members of the technical paper that references the fifth article point one, b) and (c)), which will attend the sessions with voice and no vote.

Second article.

When the agenda of the Commission include the consideration of the final resolution of the record concerning the General Management Plan, subsidiary standard or delimitation of urban land in a municipality, will be summoned to the plenary of the Commission the corresponding Mayor, who may be assisted in the House by any person designated by it. Mayors convened according to this standard only have voice for the theme for which have been convened.

Third article.

One. The President itself or the Commission by a majority of attendees, and proposal of any of its members, may request the assistance of the provincial and local authorities, of technical officials dependent thereof, of special urban entities and representatives of corporations, organizations and associations, to the best advice of the Commission. All of them will have no say.

Two. To report on matters relating to the Commission, the President may request the assistance of the representatives of the ministries affected by the matter in question. Such representatives may also apply, in the same cases, attend the meetings of the Commission.

Fourth article.

One. For the examination and elaboration of the corresponding proposal of resolution of records that are to be submitted to the Commission on matters within its competence, shall constitute a technical paper.

Two. The report of the technical presentation will be prior and mandatory, except for cause of urgency appreciated by the Commission with the favourable vote of two-thirds of the number of members present and, in any case, the legal absolute majority of its members.

Fifth article.

One. The technical presentation will be made up as follows: to) the Vice-Chairman of the Committee, who will act as President of the same.

b) presentation technique of the Director appointed by the President of the Commission, which shall direct and coordinate the actions of the same.

(c) three representatives of ministries of the Government.

(d) five representatives of the ministries of defence, finance, public works and urbanism, transport and communication and culture.

(e) five members appointed by the President of the Commission among persons of proven competence residents in the province, three of which will be proposed by official colleges of occupations related to the territorial planning and urban planning.

f) a Secretary, appointed by the President of the Commission from among the officials attached to the generality.

Two. The Commission may designate, in addition, by majority of attendees and a proposal of the President or of any of its members, other members for technical paper. This incorporation may be, in each case, limited both depending on the time or period of designation and depending on the topics to be treated and, therefore, may be as General or specific as determined by the Commission itself. The Commission may, at any time, rescind the designations made.

Article six.

Operation, calls, meetings and adoption of agreements of the Barcelona Provincial Planning Commission regime shall be governed by the provisions of the administrative procedure act for the colleges.

FINAL provisions first.

The present Royal Decree-Law shall enter into force the day following its publication in the «Official Gazette», must be to constitute the new Provincial Commission within a maximum period of thirty days from this date.

The second.

It empowers the Government to modify the composition, structure and functions of the Provincial Commission of urbanism of Barcelona by Royal Decree.

Third.

The Government of Catalonia is authorized to issue the organic provisions necessary for the implementation, development and fulfillment of the present Royal Decree-law.

-Fourth.

There are repealed article 15 of Decree-Law 5/thousand nine hundred seventy-four, twenty-fourth day of August; the Decree three thousand two hundred eighty/mil 1900s seventy-four, twenty-eighth day of November, and, in general, many provisions are opposed to provisions of the present Royal Decree, without prejudice, in any case, of competencies planning of the Corporación Metropolitana de Barcelona, which remain in force.

Given in Madrid to 20 of February of thousand nine hundred seventy-nine.

JUAN CARLOS R.

The Prime Minister, ADOLFO SUÁREZ GONZÁLEZ

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