Advanced Search

Resolution Of May 5, 2015, Of The Ministry Of Infrastructure, Transport And Housing, Which Publishes The Agreement Of The Council Of Administration Adif-High Speed, On Delegation Of Powers.

Original Language Title: Resolución de 5 de mayo de 2015, de la Secretaría de Estado de Infraestructuras, Transporte y Vivienda, por la que se publica el Acuerdo del Consejo de Administración de ADIF-Alta Velocidad, sobre delegación de competencias.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

The Board of Directors of the business public entity ADIF-High Speed, at its meeting of 24 April 2015, adopted, in accordance with the provisions of the Additional Disposition 13 of Law 6/1997, of 14 April, Organization and Functioning of the General Administration of the State, the Agreement listed as Annex to this Resolution, approving the Resolution of the President of ADIF-High Speed, of 24 April 2015, on delegation of competencies.

In accordance with the provisions of the Additional Disposition, 13th of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, as well as the provisions of Article 13.3 of the Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, the publication of that Agreement in the "Official Gazette of the State" proceeds.

Madrid, 5 May 2015.-The Secretary of State for Infrastructure, Transport and Housing, Julio Gómez-Pomar Rodríguez.

ANNEX

The Board of Directors, by unanimity of the members present with the right to vote, and in accordance with the provisions of the Additional Disposition 13 of Law 6/1997, of 14 April, of Organization and Operation of the General Administration of the State, agrees to approve the Resolution dated April 24, 2015, of the President of the business public entity ADIF-High Speed for which powers are delegated in matters of management of expenditure and payments of electrical power in internal organs of the Entity, the text of which is then transcribed:

" Resolution of the President of the business public entity ADIF-High Speed for the delegation of powers in matters of management of expenditure and payments of electrical energy in internal organs of the entity.

The Royal Decree-Law 15/2013 of 13 December 2013 provides for the creation, dated 31 December 2013, of the business public entity ADIF-High Speed as a public body provided for in Article 43.1.b) of the Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, by means of a division of the activity of construction and administration of high speed infrastructures, and others which are attributed to it and are entrusted until the date of entry into force of this Royal Decree-Law to the Administrator Railway Infrastructure (ADIF).

Article 1.4 of Royal Decree-Law 15/2013 of 13 December, also provides that the President of the business public entity ADIF and the Secretary of its Board of Directors, shall also be of ADIF-High Speed.

Article 23.1 of Royal Decree 1044/2013 of 27 December 2013 approving the Statute of the business public entity ADIF-High Speed provides that it will be President of the Entity and its Board of Directors who meets the status of President of the business public entity Railway Infrastructure Manager (ADIF).

By Royal Decree 29/2013, of 18 January, is appointed President of the business public entity Administrator of Railway Infrastructures (ADIF) to Don Gonzalo Jorge Ferré Molto.

Article 23.2.n) of the ADIF-High-Speed Business Public Entity Statute attributes to the President of the Entity the jurisdiction to order the expenses and payments of the entity and to carry out any class of charges, any Article 23 (3) provides for the possibility of delegation of certain powers to the staff of the Board of Directors or to the other internal bodies of the Entity.

Taking into account operational and speed management criteria, it is considered necessary that the order of expenses and payments of invoices received in ADIF-High Speed of the various energy supply companies electricity, to be carried out, up to the amount of 6,000,000, by the Director General of the Entity, and up to the amount of 1,500,000 euros, by the Director of Telecommunications and Energy of ADIF-High Speed.

On the other hand, Article 13.1 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, provides that the organs of the different public administrations may delegate the exercise of the powers conferred on them in other bodies of the same administration, and shall also point out in the third paragraph of that article that the delegations of powers and their revocation shall be published in the Official State Gazette.

Likewise, and in accordance with the provisions of the Additional Disposition of Law 6/1997 of 14 April, of the Organization and the Functioning of the General Administration of the State, the delegations of powers between bodies shall be approved by the maximum management body in public bodies, in accordance with the provisions of its rules of establishment.

Based on the above, the President of ADIF-High Speed, in use of the powers conferred on him by Article 23.3 of the Statute of the Entity, comes to adopt the following resolution:

Unique.

Sort Expenses and Payments from the Power Entity:

Delegate competence for the recognition of obligations arising from services and supplies provided in the field of electrical energy, as well as for the authorisation of the corresponding payments:

Up to the amount of EUR 6,000,000: In the Director General of the Entity, at the proposal of the Director of Telecommunications and Energy of ADIF-High Speed.

Up to the amount of EUR 1,500,000: In the Director of Telecommunications and Energy of ADIF-High Speed, at the proposal of the maximum responsible for the monitoring of the performance of the contract, of the person responsible for the processing of the the expenditure file, or the internal bodies immediately dependent on the Director of Telecommunications and Energy.

All the amounts referred to in this delegation of expenditure and expenditure management powers are final, i.e. including all concepts of any nature, including the tax on the Value Added (VAT), and net of any amount or amount satisfied at another time or act.

This resolution is granted without prejudice to the powers conferred, or which may be conferred by proxy by the Entity.

Publish this Resolution in the "Official State Gazette".

Madrid, April 24, 2015.-The President of ADIF-High Speed, Gonzalo Ferre Molto.