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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.
Translation validity: 10.07.2008.–30.06.2009.
Amendments not included: 12.06.2009., 20.12.2012.
Disclaimer: The English language text below is provided by the State Language Centre for information only; it confers no rights and imposes no obligations separate from those conferred or imposed by the legislation formally adopted and published. Only the latter is authentic. The original Latvian text uses masculine pronouns in the singular. The State Language Centre uses the principle of gender neutral language in its English translations. In addition, gender-specific Latvian nouns have been translated as gender-neutral terms, e.g. chairperson.

The Saeima1 has adopted
and the President has proclaimed the following Law:

Law On Reorganisation of District Local Governments

Chapter I
General Provisions

Section 1.

This Law prescribes the procedures for the reorganisation of district local governments in order to ensure the completion of the administrative territorial reform of territorial local governments. During reorganisation, the territorial local governments and planning regions shall take over the functions, institutions, property, financial resources, rights and obligations of the local government of the respective district in accordance with this Law, the plan for reorganisation for district local government (hereinafter - reorganisation plan) and other regulatory enactments in order to ensure the continuity and succession of local government work.

Section 2.

The powers of a district local government shall end on 1 July 2009.

Section 3.

The Ministry of Regional Development and Local Government (hereinafter - responsible ministry) shall monitor the conformity with this Law and other regulatory enactments in the reorganisation of district local governments.

Chapter II
Reorganisation Plan

Section 4.

(1) A district council shall adopt a reorganisation plan by 31 December 2008, providing for therein the transfer of all the institutions, property, financial resources, rights and obligations to territorial local governments and planning regions. Only such institutions, property, financial resources, rights and obligations shall be transferred to a planning region which, pursuant to legislation, are related to the transfer of the functions of a district local government to the respective planning region.

(2) If one county is established in the territory of a district, then the reorganisation plan shall be developed only for the transfer of such institutions, property, financial resources, rights and obligations to a planning region which, pursuant to legislation, are related to the transfer of the functions of a district local government to the respective planning region.

Section 5.

(1) A district council shall adopt a reorganisation plan upon reaching agreement of members thereof. If members of the district council are unable to reach an agreement and even only one member thereof has an objection, the plan shall be adopted by voting. In such case the plan shall be adopted if more than half of the council members who represent not less than 75 per cent of the total number of residents of district local governments according to the data of the Population Register have voted for it.

(2) More than a half of the chairs of such territorial local governments represented in the district which form a county after the administrative territorial reform of territorial local governments pursuant to the provisions of administrative territorial division, or a chair of territorial local government representing a newly established Republic city may agree to a reorganisation plan and vote for it at large, but not agree that the respective county or the newly established Republic city takes over the institutions, property, financial resources, rights and obligations of an individual district local government.

(3) A district council may amend the reorganisation plan until 1 June 2009, taking into account the provisions of this Section and on the basis of an opinion of the responsible ministry regarding conformity of the plan to the requirements of regulatory enactments.

Section 6.

(1) A district council shall send a reorganisation plan to the responsible ministry within five working days after approval thereof. The responsible ministry shall assess the conformity of the reorganisation plan with the requirements of regulatory enactments.

(2) A district local government shall publish the reorganisation plan on the Internet home page thereof. The responsible ministry shall publish the received reorganisation plans on the Internet home page thereof.

Section 7.

(1) If a district council does not adopt a reorganisation plan, the Cabinet shall issue regulations regarding reorganisation of the respective district local government.

(2) If the district council has not intended the transfer of all the institutions, property, financial resources, rights and obligations of the district local government in the reorganisation plan or this plan is otherwise in contradiction with the requirements of regulatory enactments, the Cabinet shall issue regulations regarding the reorganisation of the respective district local government in order to eliminate the deficiencies detected in the plan.

(3) If the district local government has adopted the reorganisation plan, however the chairs of the territorial local governments referred to in Section 5, Paragraph two of this Law do not agree to taking over individual institutions, property, financial resources, rights and obligations, the Cabinet shall decide to whom the respective institution, property, financial resources, rights and obligations shall be transferred.

(4) If after 1 July 2009 the reorganisation plan is not adequately executed and thus the performance of the functions of the local government is endangered and public interests may be affected, the Cabinet may take decisions regarding the necessary amendments to the reorganisation plan and issue respective regulations.

Chapter III
Execution of a Reorganisation Plan

Section 8.

Execution of a reorganisation plan shall be commenced no sooner than 1 March 2009. Execution of the plan shall be terminated not later than until 31 December 2009.

Section 9.

If one county is formed in the district territory, then upon termination of the powers of the district council the district local government as a legal person governed by public law shall cease to exist and the respective county local government shall take over the institutions, property, financial resources, rights and obligations of the district local government, except such institutions, property, financial resources, rights and obligations which are taken over by the planning region.

Section 10.

(1) If at least two counties are formed in the district territory, then after termination of the powers of the district council in order to ensure the gradual transfer of the institutions, property, financial resources, rights and obligations of the district local government the district local government shall continue to exist as a legal person governed by public law until the transfer or termination of the institutions, property, financial resources, rights and obligations thereof, but not later than until 31 December 2009.

(2) The district council shall determine, in the reorganisation plan, which council of the county local government established in the territory of the former district after 1 July 2009 will co-ordinate the execution of the reorganisation plan, ensure the continuity of activity of the legal person referred to in Paragraph one of this Section and perform other duties specified in regulatory enactments.

(3) Reorganisation of the district local government shall be monitored by the Commission for Monitoring of District Local Government Reorganisation, to which local governments in the district delegate one representative from each. The Commission for Monitoring of District Local Government Reorganisation shall monitor the process of execution of the reorganisation plan and utilisation of the budget of the district local government in accordance with the procedures specified by the Cabinet.

Section 11.

Operation of a district local government as a legal person governed by public rights shall be considered terminated from 31 December 2009 on the basis of this Law.

Chapter IV
Activities Involving Financial Resources and Property

Section 12.

(1) Immovable property of a district local government may be leased for a time period longer than one year, alienated, pledged, encumbered with property or obligation rights only with an approval of the Cabinet from the date of coming into force of this Law until the date of transfer of the respective property.

(2) If immovable property is alienated, the income obtained in the result of alienation shall be directed for financing investment projects of district local government, financial aid projects of European Union funds and foreign states, reimbursement of loans of the district local government, fulfilment of long-term liabilities or the provision of implementation of the reorganisation plan.

Section 13.

(1) Expenditure of reorganisation of a district local government in 2009 shall be financed from the budget of the district local government. If reorganisation of the district local government requires additional resources, the Cabinet shall take a decision regarding granting thereof.

(2) If at least two counties are formed in the territory of the district, a decision regarding amendments to the division of the financing to institutions or measures in the budget approved by the district local government from 1 July 2009 till 31 December 2009 shall be taken in accordance with the procedures specified by the Cabinet.

Section 14.

(1) If at least two counties are formed in the territory of the district, the open accounts of the district council or district local government in the Treasury and credit institutions, as well as the registration number in the Register of Taxpayers shall be preserved until 31 December 2009.

(2) If one county is formed in the territory of the district, from 1 July 2009 the full amount of financial resources intended for the district local government from the State budget (earmarked grants and grants, including grants from the local government equalisation fund) shall be transferred to the account indicated by the local government of the respective county.

Section 15.

(1) If one county is formed in the territory of a district, the budgets of financial year of the country local government and district local government shall be joined, adopting a new budget of the financial year within one month from the day of commencement of activities of the county. A county shall ensure the submission of reports to the Treasury and other institutions in accordance with the procedures specified in regulatory enactments.

(2) If at least two counties are formed in the territory of the district, the county local government specified in Section 10, Paragraph two of this Law shall ensure that reports of the district local government are submitted to the Treasury and other institutions in accordance with the procedures specified in regulatory enactments. If the deadline for the submission of reports is in 2010, the earmarked grant of the State budget shall be allocated to the respective county local government.

Chapter V
Provision of Performance of the Functions

Section 16.

Institutions of district local government (both until and after the transfer to the territorial local government or planning region) shall ensure the performance of the functions of the former district local government in the territory of the district until 31 December 2009 if the territorial local governments have not decided otherwise.

Section 17.

After 31 December 2009 a territorial local government, which does not have the institutions necessary for the performance of the functions of the former district local government, shall co-operate with the territorial local government, which has taken over the respective institution in accordance with the procedures specified in regulatory enactments.

Chapter VI
Other Regulations

Section 18.

By 1 December 2008, the Cabinet shall determine the procedures for the development, amendment and execution of the reorganisation plan, the content of the plan and the most important guidelines of the division of the institutions, property, financial resources, rights and obligations of the district local government, as well as the procedures for amending the budget of the district local government in the second half of 2009 and the procedures for allocation of earmarked grants for preparation of the reports of the district local government in 2010 and other expenditures.

Transitional Provisions

1. The Cabinet shall, by 31 December 2008, submit a statement to the Saeima, in which the possibilities of decentralisation of the functions of the direct State administration are evaluated.

2. The Cabinet shall, by 1 June 2009, prepare and submit to the Saeima a draft law on the establishment and operation of districts.

This Law shall come into force on the day following the proclamation thereof.

This Law has been adopted by the Saeima on 19 June 2008.

President V. Zatlers

Rīga, 9 July 2008

 


1 The Parliament of the Republic of Latvia

Translation © 2008 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre)

 
Document information
Title: Rajonu pašvaldību reorganizācijas likums Status:
In force
in force
Issuer: Saeima Type: law Adoption: 19.06.2008.Entry into force: 10.07.2008.Theme: Local governmentsPublication: Latvijas Vēstnesis, 104, 09.07.2008.; Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 15, 14.08.2008.
Language:
LVEN
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