Cabildo de Tenerife


Delegated competences

In addition to their inherent competences, the Insular Councils execute those competences, which are the responsibility of the State or the Autonomous Region of the Canary Islands, that are delegated to the Councils by these Administrations. The Town and City Halls may also delegate the execution of certain competences to the Insular Councils. Thus, the Law concerning Local Tax Authorities (hereinafter, the LHL) foresees the possibility of the Town and City Halls delegating the management of Property Tax (IBI) to the Insular Councils. Certain Town and City Halls on Tenerife have delegated this function to the Insular Councils.

In accordance with article 51 of Territorial Law 14/1990 concerning the Legal Framework for Canarian Public Administrations (hereinafter, LRJAPC), “the delegation of regional competences are set out via a Governmental Decree published in the Official Gazette of the Canary Islands”. Therefore, the delegation of administrative competences is necessarily applied to all Insular Councils within the archipelago, rather than a single or various Councils. Delegation does not affect official responsibility for the administrative competence in question, which continues to reside with the Autonomous Region.

The Decree via which the competence is delegated, specifies the scope, content, conditions and duration of the delegation, along with the human and material resources and means that have been transferred in order to enable execution of the competence. Personnel assigned as a result of delegation remain personnel of the Autonomous Region.

The Second Additional Provision of the aforementioned Law authorises the Government of the Canary Islands to delegate competences of the Public Administration of the Canary Islands relating to the execution of public works of general interest to the Councils of each island. In addition, legal authority to enable execution of the transferred competences can also be delegated, giving rise to compact sectors of administrative activity.

The current texts of the First and Second Additional Provisions of the LRJAPC, cited above, are the result of modifications introduced to Law 14/1990 of July 26th via Law 8/2001 of December 3rd concerning the partial modification of the LRJAPC. As a result of these modifications, those items that could previously be delegated to the Insular Councils by the Public Administration of the Autonomous Region of the Canary Islands, were included in the First Additional Provision as transferred competences. Thus, from the 1st of January 2003 onwards, the competences that were delegated to the Insular Councils in 1998 (forestry services, cattle routes and pasture, environmental protection and the management and conservation of Protected Natural Areas; the exploitation, use and conservation of roads and the corresponding system of sanctions with regards to roads of regional interest; and specialised social services for the elderly, the disabled and women) were now considered as transferred competences.

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