Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
12 June 2009 [shall come
into force on 1 July 2009];
20 December 2012 [shall come into force on 23 January
2013].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
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The Saeima1 has adopted and
the President has proclaimed the following law:
Law on
Reorganisation of District Governments
Chapter I
General Provisions
Section 1. This Law prescribes the procedures for the
reorganisation of district governments in order to ensure the
completion of the administrative and territorial reform of local
governments. During reorganisation, the local governments and
planning regions shall take over the functions, authorities,
property, financial resources, rights and obligations of the
local government of the respective district in accordance with
this Law, the plan for reorganisation of district government
(hereinafter - the reorganisation plan), and other laws and
regulations in order to ensure the continuity and succession of
local government work.
Section 2. The powers of a district council shall cease
on 1 July 2009.
Section 3. The Ministry of Regional Development and
Local Governments (hereinafter - the responsible ministry) shall
monitor the compliance with this Law and other laws and
regulations in the reorganisation of district governments.
Chapter
II
Reorganisation Plan
Section 4. (1) A district council shall adopt the
reorganisation plan by 31 December 2008, providing therein for
the transfer of all the authorities, property, financial
resources, rights and obligations to local governments and
planning regions. Only such authorities, property, financial
resources, rights and obligations shall be transferred to a
planning region which, pursuant to law, are related to the
transfer of the functions of a district government to the
respective planning region.
(2) If one municipality is established in the territory of a
district, the reorganisation plan shall be developed only for the
transfer of such authorities, property, financial resources,
rights and obligations to a planning region which, pursuant to
law, are related to the transfer of the functions of a district
government to the respective planning region.
Section 5. (1) A district council shall adopt the
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 governments according to the data of the Population
Register has voted for it.
(2) More than half of the chairpersons of such local
governments represented in the district which form a municipality
after the administrative and territorial reform of local
governments pursuant to the provisions of administrative and
territorial division, or a chairperson of local government
representing a newly established city may agree to the
reorganisation plan and vote for it at large but not agree that
the respective municipality or the newly established city takes
over the authorities, property, financial resources, rights and
obligations of an individual district government.
(3) A district council may amend the reorganisation plan until
1 June 2009 in compliance with the provisions of this Section and
on the basis of an opinion of the responsible ministry regarding
conformity of the plan with the requirements of laws and
regulations.
Section 6. (1) A district council shall send the
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 laws and regulations.
(2) A district government shall publish the reorganisation
plan on its website. The responsible ministry shall publish the
received reorganisation plans on its website.
Section 7. (1) If a district council does not adopt the
reorganisation plan, the Cabinet shall issue regulations
regarding reorganisation of the respective district
government.
(2) If the district council has not intended the transfer of
all the authorities, property, financial resources, rights and
obligations of the district government in the reorganisation plan
or this plan is otherwise in contradiction with the requirements
of laws and regulations, the Cabinet shall issue regulations
regarding reorganisation of the respective district government in
order to eliminate the deficiencies detected in the plan.
(3) If the district council has adopted the reorganisation
plan in accordance with the procedures specified by law, however
the chairpersons of the local governments referred to in Section
5, Paragraph two of this Law do not agree to taking over
individual authorities, property, financial resources, rights and
obligations, the Cabinet shall decide to whom the respective
authority, 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 the Reorganisation Plan
Section 8. Execution of the 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 municipality is formed in the
district territory, then, upon termination of the powers of the
district council, the district government as a legal person
governed by public law shall cease to exist and the respective
municipality government shall take over the authorities,
property, financial resources, rights and obligations of the
district government, except for such authorities, property,
financial resources, rights and obligations which are taken over
by the planning region.
Section 10. (1) If at least two municipalities are
formed in the district territory, then, after termination of the
powers of the district council and in order to ensure gradual
transfer of the authorities, property, financial resources,
rights and obligations of the district government, the district
government shall continue to exist as a legal person governed by
public law until the transfer or termination of the authorities,
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 municipality 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 laws and regulations.
(3) Reorganisation of the district government shall be
monitored by the Commission for Monitoring of District Government
Reorganisation to which local governments in the district
delegate one representative from each. The Commission for
Monitoring of District Government Reorganisation shall monitor
the process of execution of the reorganisation plan and use of
the budget of the district government in accordance with the
procedures stipulated by the Cabinet.
Section 11. Operation of a district government as a
legal person governed by public law 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) From the date of coming into force of
this Law until the date of transfer of the respective property,
the immovable property of a district 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.
(2) If immovable property is alienated, the income obtained as
a result of alienation shall be directed for financing investment
projects of district government, financial aid projects of
European Union funds and foreign countries, reimbursement of
loans of the district government, fulfilment of long-term
liabilities or the provision of implementation of the
reorganisation plan.
Section 13. (1) Expenditure of reorganisation of a
district government in 2009 shall be financed from the budget of
the district government. If reorganisation of the district
government requires additional resources, the Cabinet shall take
the decision regarding granting thereof.
(2) If at least two municipalities are formed in the territory
of the district, the decision regarding amendments to the
division of the financing to authorities or measures in the
budget approved by the district government from 1 July 2009 till
31 December 2009 shall be taken in accordance with the procedures
stipulated by the Cabinet.
Section 14. (1) If at least two municipalities are
formed in the territory of the district, the open accounts of the
district council or district government in the Treasury and
credit institutions as well as the registration number in the
Taxpayer Register shall be preserved until 31 December 2009.
(2) If one municipality is formed in the territory of the
district, from 1 July 2009 the full amount of financial resources
intended for the district 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
municipality.
Section 15. (1) If one municipality is formed in the
territory of a district, the budgets of financial year of the
municipality government and district government shall be joined,
adopting a new budget of the financial year within one month from
the day of commencement of activities of the municipality. A
municipality shall ensure the submission of reports to the
Treasury and other authorities in accordance with the procedures
specified in laws and regulations.
(2) If at least two municipalities are formed in the territory
of the district, the municipality government specified in Section
10, Paragraph two of this Law shall ensure that reports of the
district government are submitted to the Treasury and other
authorities in accordance with the procedures specified in laws
and regulations.
[12 June 2009]
Chapter V
Provision of Performance of the Functions
Section 16. Authorities of district government (both
until and after the transfer to the local government or planning
region) shall ensure the performance of the functions of the
former district government in the territory of the district until
31 December 2009 if the local governments have not decided
otherwise.
Section 17. After 31 December 2009, a local government
which does not have the authority necessary for the performance
of the functions of the former district government shall
co-operate with the local government which has taken over the
respective authority in accordance with the procedures specified
in laws and regulations.
Chapter
VI
Other Provisions
Section 18. The Cabinet shall, by 1 September 2008,
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
authorities, property, financial resources, rights and
obligations of the district government, and also the procedures
for amending the budget of the district government in the second
half of 2009.
[12 June 2009]
Transitional
Provisions
1. The Cabinet shall perform the assessment of the
administrative and territorial reform and, by 1 October 2013,
submit to the Saeima an opinion where the possibilities of
decentralising functions of direct State administration in
relation to local governments have been assessed.
[20 December 2012]
2. [20 December 2012]
3. Cabinet Regulation No. 713 of 2 September 2008, Procedures
for the Reorganisation of a District Government, shall be in
force until 1 May 2010.
[12 June 2009]
The Law shall come into force on the day following the
proclamation thereof.
The Law has been adopted by the Saeima on 19 June
2008.
President V. Zatlers
Rīga, 9 July 2008
1The Parliament of the Republic of
Latvia
Translation © 2023 Valsts valodas centrs (State
Language Centre)
