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Resolution Of March 24, 2015, Of The General Intervention Of The State Administration, Which Approves The Delegation Of Competences In The Field Of Teacher Role.

Original Language Title: Resolución de 24 de marzo de 2015, de la Intervención General de la Administración del Estado, por la que se aprueba la delegación de competencias en materia de función interventora.

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TEXT

By Royal Decree 696/2013 of 20 September, amending Royal Decree 256/2012, which regulates the basic organic structure of the Ministry of Finance and Public Administrations, the creation of the Directorate-General for Rationalization and Centralization of the Recruitment, as a managing body under the Secretariat of the Ministry of Finance and Public Administrations.

Later, the third additional provision of Law 22/2013, of 23 December, of General Budget of the State for the year 2014, creates the budget service 05 " Directorate General of Rationalization and Centralization of Contracting "in Section 31" Expenditure of various Ministries ".

In addition, according to the aforementioned Third Additional Disposition, the expenses of this Budget Service arising from the centralization of contracts will be charged to the Budget Program 923R " Centralized Recruitment. This section and the service focus solely on the appropriations of the following bodies and bodies: (a) State; (b) Autonomous bodies of the General Administration of the State; (c) State agencies; (d) Public bodies whose specific rules gives the appropriations in its expenditure budget, and (e) Restantes, entities in the State administrative public sector.

Therefore, the appropriations to cover the expenses of these contracts that correspond to the Management Entities and the Common Services of the Social Security are not centralized, being recorded in their respective Budgets.

By Order HAP/2027/2013 of 30 October, and Order HAP/536/2014 of 10 April, both, of amendment of Order EHA/1049/2008, of 10 April, of goods and services of centralised procurement, have been declared Centralised procurement of the following contracts: telecommunications services; comprehensive security and control ancillary services; postal services; and comprehensive building cleaning services.

For the budgetary management of Section 31, service 05, program 923R of the expenditure corresponding to these four contracts, Order HAP/386/2015 of 6 March, amending the Order HAP/1335/2012, of 14 June, delegation of powers in the Ministry of Finance and Public Administrations, has provided the following outline: centralized management of the phases of approval and commitment of the expenditure by the Directorate General of Rationalization and Centralization of the contracting; and a delegation of the phase of recognition of the obligation and proposal of payment of the services responsible in each ministerial department, body or entity of the General Administration of the State within the subjective scope of each of these contracts. In the case of the telecommunications services contract, this delegation is carried out in a single body: the holder of the Directorate-General for Information and Communications Technologies.

In view of the new wording given by Order HAP/386/2015 of 6 March, to Article 6 of Order HAP/1335/2012, this General Intervention appreciates procedural economics reasons which advise to approve a delegation of certain (a) the powers conferred on it by the holder of the intervention delegated to the Ministry of Finance and Public Administrations, pursuant to Article 8 of Royal Decree 2188/1995 of 28 December 1995, develops the internal control system exercised by the General Intervention of the Administration of the State.

This delegation is referring to the phase of recognition of the obligation and of the proposal for payment, that is, to the prior intervention of the recognition of the obligation. And it is carried out in the delegates whose organic or territorial competence corresponds to that of the competent organ by delegation, pursuant to Article 6 of the Order HAP/1335/2012 (as amended by Order HAP/386/2015 of 6 of (march), for the approval of the recognition of the obligation and the proposal for payment, provided that these bodies are subject to the mode of control of the financial controller.

In cases where the competent authority by delegation for the approval of the recognition of the obligation and the proposal for payment corresponds to an organ not subject to the mode of control of the financial controller, the competence for the exercise of the corresponding prior intervention is maintained in the Delegation's Intervention in the Ministry of Finance and Public Administrations.

Therefore, in accordance with the provisions of Article 13 of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure, and on the Additional Disposition Thirteenth of the Law 6/1997, of April 14, of the Organization and the functioning of the General Administration of the State, this Financial Controller agrees:

First.

1. Approve the delegation by the holder of the Delegation in the Ministry of Finance and Public Administrations in the delegates whose organic or territorial competence corresponds to that of the competent body by delegation, provided that such organs are subject to an intervention, of the following powers:

(a) The prior intervention of the recognition of obligations and the proposal for payment under the appropriations of the budget service 05 "Directorate-General for the rationalization and centralisation of procurement", in Section 31 "Expenditure on a number of ministries", programme 923R "Centralised Recruitment", sub-concept 227.01 "Security", which are generated in the field referred to in Annex I to the HAP/386/2015 Order of 6 March.

(b) Prior intervention for the recognition of obligations and the proposal for payment under the budget service appropriations 05 "Directorate-General for the rationalization and centralisation of procurement", in Section 31 "Expenditure on a number of ministries", programme 923R "Centralised recruitment", sub-concept 222.01 "Postal and courier communications", which are generated in the field referred to in Annex II to the HAP/386/2015 Order of 6 March.

(c) Prior intervention for the recognition of obligations and the proposal for payment under the budget service appropriations 05 "Directorate-General for the rationalization and centralisation of procurement", in Section 31 "Expenditure on a number of ministries", programme 923R "Centralised Recruitment", sub-concept 227.00 "Jobs carried out by other companies or professionals", which are generated in the field referred to in Annex III of the HAP/386/2015 Order of 6 March.

2. To maintain in the holder of the Intervention Delegate in the Ministry of Finance and Public Administrations the competence for the prior intervention of the recognition of obligations and the proposal of payment, in those cases in which the organ competent by delegation for the approval of the recognition of the obligation and the proposal for payment corresponds to an organ not subject to an intervention.

Second.

The prior intervention of the recognition of obligations and the proposal for payment under the appropriations of the budget service 05 "Directorate-General for Rationalization and Centralization of Recruitment", Section 31 "Expenditure on a number of ministries", programme 923R "Centralised recruitment", sub-concept 222.00 "Telecommunications service", which are generated in the field of contracts for telecommunications services which are the subject of centralisation, is maintained in the Intervention by the Ministry of Finance and Public Administration developed by the Head of the Delegation in the Secretariat of State of Public Administrations, which is organically integrated in the Department's Delegated Intervention.

Third.

The act of prior intervention of the relevant expenditure file shall state that the competence is exercised on the basis of the delegation contained in this Resolution.

Fourth.

This Resolution shall enter into force on the day following its publication in the "Official State Gazette".

Madrid, March 24, 2105.-The Comptroller General of the State Administration, José Carlos Mayor Hernández.