Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
20 October 2022 [shall come
into force on 1 November 2022].
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:
Public Agencies Law
Chapter I
General Provisions
Section 1. Purpose of this Law
The purpose of this Law is to ensure the legal basis for the
operation of public agencies and also efficient use of public
resources and resources of derived public entities in order to
meet public needs and provide quality services.
Section 2. Legal Status of an
Agency
(1) A State agency is an institution subordinate to a member
of the Cabinet (hereinafter - the minister) and having a
competence in the provision of services as prescribed by the law
or Cabinet regulations.
(2) A local government agency is a local government
institution financed from the budget established by a local
government and having a competence in the provision of services
as prescribed by the binding regulations of the local
government.
(3) Agencies established by derived public entities shall be
subject to the norms of this Law prescribing the operation of
local government agencies.
(4) State agencies established for the scope of activities of
several ministries shall be subject to the norms of this Law
prescribing the operation of State agencies, unless laid down
otherwise in this Law.
(5) Local government agencies established jointly by several
local governments shall be subject to the procedures for
establishing joint institutions laid down in the Law on Local
Governments, unless laid down otherwise in this Law.
(6) Agencies established jointly by the State and a local
government shall be subject to the norms of this Law prescribing
the operation of State agencies, unless laid down otherwise in
this Law.
[20 October 2022 / See Paragraph 12 of Transitional
Provisions]
Section 3. Types of Agencies
(1) In order to ensure the provision of services for the
implementation of administration tasks, the State may establish
State agencies, while local governments may establish local
government agencies.
(2) If a derived public entity has been granted the right by
the law to establish an institution, it may establish an agency
which is subject to legal norms governing the establishment and
operation of local government agencies.
(3) Where it is relevant for efficient use of State and local
government resources, provision of common functions, and meeting
of public needs, the State and a local government, and also the
Cabinet in the scope of activities of several ministries and
several local governments are entitled to establish a joint
agency operating in the field of competence of several
institutions of direct and indirect or direct administration.
(4) The name of a State agency or State agency established for
the scope of activities of several ministries shall include the
phrase valsts aģentūra [State agency] or abbreviation
thereof v/a [S/a]; the name of a local government agency
or agency established by several local governments - the phrase
pašvaldības aģentūra [local government agency] or
abbreviation thereof p/a [lc/a]; the name of agencies
established jointly by the State and a local government - the
phrase valsts un pašvaldības aģentūra [State and local
government agency] or abbreviation thereof vp/a
[Slc/a].
Chapter II
State Agency
Section 4. Scope of Operation of the
State Agency
(1) The State agency shall ensure the provision of services
within the framework of the fulfilment of the State
administration tasks specified in laws and Cabinet regulations,
including implementation of national and international projects
and programmes from revenues from the paid services provided,
other own revenues, donations, gifts, and foreign financial
assistance, unless laid down otherwise in this Law.
(2) Operation of the State agency shall be governed by the
by-laws approved by the Cabinet. The by-laws shall contain the
following:
1) the name of the State agency;
2) the minister to whom the State agency is subordinate and
the procedures for supervising the operation of the State
agency;
3) the purpose for the establishment of the State agency;
4) the tasks of the State agency;
5) the procedures for issuing, contesting, and appealing
administrative acts.
(3) The State agency shall perform other one-off tasks
assigned thereto by a Cabinet decision.
Section 5. Services Provided by the
State Agency
(1) The State agency shall provide paid services by ensuring
the implementation of State administration tasks in accordance
with a price list approved by the Cabinet. The Cabinet
regulations regarding the price list of services shall lay down
the payment procedures, rates, and relief, unless otherwise
provided in other laws.
(2) The Cabinet shall determine the methodology for
determining prices for the paid services provided by State
agencies and the procedures for approving the prices.
(3) The State agency shall, in line with the basic principles
for the framework of cooperation laid down in the State
Administration Structure Law, provide services free of charge to
other State and local government institutions and private persons
implementing administration tasks, unless it requires additional
resources from the State agency to process and analyse data.
(4) The State agency may provide services which have been
granted from general revenues for the performance of individual
State administration tasks.
(5) Revenues from the paid services shall remain at the
disposal of the State agency and shall be used to ensure the
services necessary for the fulfilment of State administration
tasks (except for the case referred to in Section 13, Paragraph
four of this Law).
(6) Information on the prices for the services provided by the
State agency and relief from the fee shall be published on the
website of the State agency.
[20 October 2022]
Section 6. Issuing and Contestation
of Administrative Acts of the State Agency
(1) The State agency shall issue administrative acts in the
cases and in accordance with the procedures laid down by law or
Cabinet regulations.
(2) An administrative act issued by the State agency or actual
actions thereof may be contested in accordance with the
procedures laid down in the Administrative Procedure Law, unless
otherwise provided in another law.
Section 7. Establishment,
Reorganisation, and Liquidation of the State Agency
(1) The Cabinet shall establish, reorganise, and liquidate the
State agency on the basis of a law or upon its own initiative in
compliance with the requirements laid down in Section 15 of the
State Administration Structure Law.
(2) In establishing, reorganising, or liquidating the State
agency, the Cabinet shall evaluate the need for the
establishment, reorganisation, or liquidation thereof based on
usefulness, efficiency, and other basic principles laid down in
the State Administration Structure Law.
(3) If the State agency is reorganised or liquidated, a
closing balance sheet thereof shall be drawn up by indicating the
value of property and the extent of liabilities and claims on the
basis of inventory and accounting data.
Section 8. Supervision of Operation
of the State Agency
(1) A minister shall exercise subordination over the State
agency directly or through a ministry or another managing
institution of the sector of State administration (hereinafter -
the supervisory authority). Subordination shall be exercised in
the form of supervision. In exceptional cases, upon assessing the
nature of State administration tasks assigned to the State
agency, efficiency of fulfilment thereof, considerations of
ensuring justice and democratic control, a form of subordination
may be determined for the operation of the State agency.
(2) In exercising subordination, the minister shall:
1) appoint and remove from the office the director of the
State agency;
2) assess results of operation of the State agency;
3) propose inspections at the State agency;
4) initiate a disciplinary case or internal examination in
relation to the activity of the director of the State agency;
5) take any other measures laid down in laws and
regulations.
(3) The minister and the supervisory authority have the right
to request and receive information on the operation of the State
agency.
Section 9. Director of the State
Agency
(1) The director of the State agency shall perform the tasks
of the head of an institution of direct administration laid down
in the State Administration Structure Law and shall also:
1) develop a draft operational strategy and draft budget of
the State agency;
2) approve a working plan of the State agency for the current
year;
3) ensure that the operational strategy, budget, and working
plan of the State agency for the current year are complied
with;
4) provide the responsible minister, his or her authorised
official, and also the supervisory authority with the necessary
information and proposals in operational issues of the State
agency;
5) carry out any other tasks specified in laws and regulations
governing the operation of the State agency.
(2) The director of the State agency shall be responsible for
rational use of financial resources of the State agency according
to the State administration tasks to be performed.
(3) The director of the State agency shall be a civil servant
appointed and removed from the office in accordance with the
procedures laid down in the State Civil Service Law.
(4) [20 October 2022]
[20 October 2022]
Section 10. Remuneration in the
State Agency
Remuneration in the State agency shall be determined in
accordance with the Law on Remuneration of Officials and
Employees of State and Local Government Authorities.
[20 October 2022]
Section 11. Planning of Operation of
the State Agency
(1) Planning documents regarding the operation of the State
agency shall constitute the operational strategy and working plan
for the current year.
(2) In developing the operational strategy of the State
agency, the minister and the director of the agency shall agree
on the duration of the strategy of the State agency and also the
State administration tasks.
(3) The operational strategy shall constitute a development
and management tool of capacity of the State agency which
identifies development priorities and goals of the State agency
for a specific period by taking into account development planning
documents approved in the relevant sector, laws and regulations,
and the total amount of State budget expenditure set aside for
the authority for the medium term.
(4) The operational strategy of the State agency shall include
the following:
1) the mission, vision, and values of the State agency;
2) the priorities identified for the relevant period of the
strategy on which resources of the State agency will be
concentrated and the resulting aims which will ensure development
of such priorities;
3) the services to be provided by the State agency,
development, introduction, and making available thereof, and also
the characterisation of the State agency's clients and needs
thereof;
4) the achieved and planned results of the State agency and
indicators characterising the degree of achievement of the goals
identified and demonstrating operational progress of the agency
in the policy area to be supervised or introduced;
5) the planned sources and use of revenues of the State
agency, and also operational capacity and risk analysis;
6) the justification of the need for the financing allocated
by the sectoral ministry for the future programming period;
7) any other issues deemed relevant by the minister or the
director of the State agency.
(5) Other laws and regulations in the field of development
planning shall lay down the procedures for developing, updating,
and assessing the operational strategy of the State agency.
(6) The operational strategy of the State agency shall be made
publicly available on the website of the State agency.
(7) The State agency shall develop the working plan for the
current year according to the operational strategy and budget of
the State agency in accordance with the laws and regulations in
the field of development planning.
[20 October 2022]
Section 12. Property of the State
Agency
(1) Property of the State agency shall constitute State
property in possession of the State agency.
(2) As regards legal relations with private persons, the State
agency shall be liable in accordance with the procedures laid
down in the State Administration Structure Law and the Law on
Compensation for Losses Caused by State Administration
Institutions.
(3) The State agency has the right to acquire, in accordance
with the procedures laid down by law, the movable property
necessary for the operation thereof, and also to alienate the
movable property of the State in possession of the State agency.
Funds obtained by alienating movable property of the State shall
be transferred to the State budget.
Section 13. Financing of the State
Agency and Approval of the Budget
(1) Budget of the State agency shall consist of its revenues
from the paid services provided, other own revenues, donations,
and gifts, and also foreign financial assistance.
(2) The State agency may receive a grant from general revenues
for the fulfilment of State administration tasks in accordance
with the Law on Budget and Financial Management. The allocated
financing shall be transferred during development of the draft
law of the annual State budget by assessing operational results
of the State agency and usefulness of continuing the fulfilment
of the task assigned.
(3) The State agency shall independently establish the budget
of the State agency in accordance with the procedures laid down
in the Law on Budget and Financial Management. The Cabinet shall
approve the budget of the State agency.
(4) In approving the budget of the State agency, the Cabinet
is entitled to determine the share of the income to be
transferred to the State budget from the revenues of the State
agency from the paid services provided following the proposal of
a relevant minister.
Section 14. Account of the State
Agency
(1) The State agency shall open an account with the
Treasury.
(2) At the end of the year the funds remaining in the account
of the State agency resulting from revenues from the paid
services provided, other own revenues, and funds of foreign
financial assistance shall remain at the disposal of the State
agency and may be used to finance expenditure in the following
year or future years.
(3) Grants from the State budget, earmarked grants, and
transfers shall be used in the current calendar year.
(4) If a financing of the relevant sectoral ministry has been
allocated to the State agency for the performance of individual
State administration tasks, a separate account shall be opened
with the Treasury to ensure the performance thereof.
(5) Information on the condition of accounts of the State
agency shall be made publicly available, unless otherwise
provided by law.
Section 15. Accounting and
Statements of the State Agency
(1) The State agency shall keep accounting and provide
statements in accordance with the procedures laid down in the Law
on Budget and Financial Management.
(2) The State agency shall ensure preparation and publication
of an annual public statement.
(3) The State agency shall indicate the following in the
annual public statement:
1) the budget implemented in the two previous years and the
budget approved for the current year, including information on
the extent of liabilities and guaranties;
2) the opinion of a sworn auditor on economic activity and
economic report of the previous year;
3) information on participation in cooperation projects;
4) measures taken to improve the management of the State
agency;
5) measures taken to raise awareness among residents of the
operation of the agency;
6) information on achievements in the implementation of the
operational strategy of the State agency and the results
achieved;
7) any other information deemed relevant by the director of
the State agency.
[20 October 2022]
Chapter III
Local Government Agency
Section 16. Scope of Operation of
the Local Government Agency
(1) The local government agency shall perform administration
tasks resulting from the functions of a local government by
providing services and implementing local government and
international projects and programmes.
(2) Operation of the local government agency shall be governed
by the by-laws approved by the local government council. The
by-laws shall contain the following:
1) the name of the local government agency;
2) the local government council and official to whom the local
government agency is subordinate and the procedures for
supervising the operation of the local government agency;
3) the purpose for the establishment of the local government
agency;
4) the tasks of the local government agency;
5) the right of the local government agency to collect a fee
for its provided services;
6) the procedures for issuing, contesting, and appealing
administrative acts.
(3) The local government agency may perform other one-off
tasks assigned thereto by a decision of the local government
council.
(4) The by-laws of the local government agency may also
include the regulations regarding the operation of the local
government agency other than those referred to in Paragraph two
of this Section.
Section 17. Services Provided by the
Local Government Agency
(1) The local government agency shall provide services
according to the competence of the local government specified in
law in order to meet public needs within the administrative
territory of the relevant local government.
(2) Performance of the tasks of the local government shall be
ensured by providing paid services in accordance with the price
list approved by the local government council which lays down the
payment procedures, rates, and relief.
(3) The local government agency shall, in line with the basic
principles for the framework of cooperation laid down in the
State Administration Structure Law, provide services free of
charge to other State and local government institutions and
private persons implementing administration tasks, unless it
requires additional resources from the local government agency to
process and analyse data.
(4) The services provided by the local government agency and
price list thereof shall be approved by the binding regulations
of the local government.
(5) Prices for the services provided by the local government
agency shall enter into effect in accordance with the procedures
laid down in the Law on Local Governments.
(6) Information on the prices for the services provided by the
local government agency and relief from the fee shall be
published on the website of the relevant local government.
[20 October 2022 / See Paragraph 12 of Transitional
Provisions]
Section 18. Issuing and Contestation
of Administrative Acts of the Local Government Agency
(1) The local government agency shall issue administrative
acts in accordance with laws and regulations in the cases
provided for in the binding regulations of the local
government.
(2) An administrative act issued by the local government
agency or actual actions thereof may be contested in the relevant
local government in accordance with the procedures laid down in
the binding regulations thereof. A decision on a contested
administrative act shall be taken in accordance with general
legal norms governing administrative proceedings, unless
otherwise provided by law.
Section 19. Establishment,
Reorganisation, and Liquidation of the Local Government
Agency
(1) A local government council shall establish, reorganise,
and liquidate the local government agency upon its own initiative
in compliance with the requirements laid down in Section 15 of
the State Administration Structure Law.
(2) In establishing, reorganising, or liquidating the local
government agency, the local government council shall evaluate
the need for the establishment, reorganisation, or liquidation
thereof based on usefulness, efficiency, and other basic
principles laid down in the State Administration Structure
Law.
(3) If the local government agency is reorganised or
liquidated, a closing balance sheet thereof shall be drawn up by
indicating the value of property and the extent of values and
liabilities.
Section 20. Supervision of Operation
of the Local Government Agency
(1) Operation of the local government agency shall be
supervised by a local government council.
(2) In exercising supervision, the local government council
shall:
1) approve a medium-term operational strategy of the local
government agency;
2) approve the total size of the annual budget;
3) approve a working plan of the local government agency for
the current year;
4) hire and dismiss the director of the local government
agency;
5) assess the results of operation of the local government
agency;
6) propose inspections at the local government agency;
7) initiate a disciplinary case or internal examination in
relation to the activity of the director of the local government
agency (including imposing a disciplinary punishment);
8) take any other measures laid down in laws and
regulations.
(3) The local government council and the authorised official
thereof have the right to request and receive information on the
operation of the local government agency.
Section 21. Director of the Local
Government Agency
(1) The local government agency shall be headed by the
director thereof. The director of the local government agency
shall perform the tasks laid down in external laws and
regulations and by-laws of the local government agency and shall
also:
1) develop a draft medium-term operational strategy and draft
budget of the local government agency;
2) ensure that the medium-term operational strategy, budget,
and working plan of the local government agency for the current
year are complied with;
3) provide a report to the local government council or
authorised official thereof on the implementation of the
medium-term operational strategy and working plan for the current
year;
4) provide the local government council and authorised
official thereof with the necessary information and proposals in
operational issues of the local government agency;
5) perform any other tasks specified in the laws and
regulations governing the operation of the local government
agency.
(2) The director of the local government agency shall be
responsible for rational use of financial resources of the local
government agency according to the administration tasks to be
performed.
(3) An open competition shall be announced for the position of
the director of the local government agency in the newspaper of
the administrative territory of the relevant local government and
on the website of the local government.
(4) The local government council shall appoint the director of
the local government agency for five years. In assessing the
results of operation of the local government agency, the director
of the local government agency may be reappointed or dismissed
before expiry of the term of office.
[20 October 2022]
Section 22. Remuneration in the
Local Government Agency
Remuneration in the local government agency shall be
determined in accordance with the Law on Remuneration of
Officials and Employees of State and Local Government
Authorities.
[20 October 2022]
Section 23. Planning of Operation of
the Local Government Agency
(1) Planning documents regarding the operation of the local
government agency shall constitute the medium-term operational
strategy and working plan for the current year.
(2) On the basis of the development planning documents and
binding regulations of the relevant local government, the
chairperson of the local government council and the director of
the local government agency shall agree on the performance of the
tasks assigned to the local government agency and use of funds at
disposal thereof when developing the medium-term operational
strategy and budget of the local government agency.
(3) The medium-term operational strategy of the local
government agency shall be developed for three years and approved
together with the local government budget by the council.
(4) The medium-term operational strategy of the local
government agency shall include the following:
1) the aims, lines of action, and medium-term priorities of
the local government agency;
2) the services to be provided by the local government agency,
development, introduction, and making available thereof;
3) the achieved and planned results of operation of the local
government agency and performance indicators according to the
scope of operation;
4) the satisfaction indicators of the local government
agency's clients regarding the services received and availability
of the information provided by the agency;
5) the basic principles for the use of the financing of the
local government agency, sources and use of revenues;
6) the justification of the need for the financing allocated
by the local government for the future programming period;
7) the procedures for updating and assessing the
implementation of the strategy;
8) any other issues deemed relevant by the chairperson of the
local government council or the director of the local government
agency.
(5) The medium-term operational strategy of the local
government agency shall be made publicly available on the website
of the relevant local government.
(6) The local government agency shall develop the working plan
for the current year according to the medium-term operational
strategy and budget by identifying the results to be achieved
over the year and the measures to be taken to achieve such
results.
[20 October 2022]
Section 24. Property of the Local
Government Agency
(1) Property of the local government agency shall constitute
local government property in possession of the local government
agency.
(2) As regards legal relations with private persons, the local
government agency shall be liable in accordance with the
procedures laid down in the Law on Compensation for Losses Caused
by State Administration Institutions. If this is not sufficient
or if fulfilment of the obligations of the local government
agency may interfere with the performance of the functions
thereof, the relevant local government shall be liable for the
obligations of the local government agency.
(3) The local government agency has the right to acquire, in
accordance with the procedures laid down by law, the property
necessary for the operation thereof and also to alienate the
movable property of the local government in possession of the
local government agency upon agreement with the local government
council. Funds obtained by alienating the movable property of the
local government shall be transferred to the budget of the
relevant local government.
Section 25. Financing of the Local
Government Agency
Revenues of the local government agency shall consist of a
local government budget grant, revenues of the local government
agency from the paid services provided, and other own revenues
(including donations, gifts, and foreign financial
assistance).
Section 26. Account of the Local
Government Agency
(1) The local government agency shall agree with the local
government council on opening of an account.
(2) At the end of the year, the funds remaining in the account
of the local government agency resulting from all types of
revenues of the local government agency (except for a local
government grant) shall remain at the disposal of the local
government agency and may be used to finance expenditure in the
following year or future years, unless they exceed the amount of
funds actually received over the year.
(3) Information on the condition of the account of the local
government agency shall be made publicly available, unless
otherwise provided by law.
Section 27. Accounting and
Statements of the Local Government Agency
(1) The local government agency shall keep accounting and
provide statements in accordance with the procedures laid down in
the Law on Budget and Financial Management.
(2) The local government agency shall ensure preparation and
publication of an annual public statement.
(3) The local government agency shall indicate the following
in the annual public statement:
1) the budget implemented in the two previous years and the
budget approved for the current year, including information on
the extent of liabilities and guaranties;
2) the opinion of a sworn auditor on economic activity and
economic report of the previous year;
3) information on participation in cooperation projects;
4) measures taken to improve the management of the local
government agency;
5) measures taken to raise awareness among residents of the
operation of the agency;
6) information on achievements in the implementation of the
medium-term operational strategy of the local government agency
and the results achieved;
7) any other information deemed relevant by the director of
the local government agency.
Chapter IV
Agencies Established Jointly
Section 28. State Agency Established
for the Scope of Activities of Several Ministries
(1) A state agency established for the scope of activities of
several ministries shall be subject to the norms of this Law
prescribing the operation of the State agency, unless otherwise
provided in this Chapter.
(2) The procedures for supervising and financing the operation
of the State agency established for the scope of activities of
several ministries and for preparing and approving the statements
thereof shall be laid down in the by-laws of the State agency.
The Cabinet shall approve the by-laws of the State agency
established for the scope of activities of several
ministries.
(3) The State agency established for the scope of activities
of several ministries shall be institutionally subordinate to the
Cabinet. Form and content of functional subordination in respect
of the services provided in the scope of operation thereof shall
be determined in the by-laws of the State agency.
(4) The procedures for establishing, reorganising, and
liquidating the State agency established for the scope of
activities of several ministries shall be laid down in Section 7
of this Law.
(5) [20 October 2022]
(6) The Cabinet shall appoint and remove from the office the
director of the State agency established for the scope of
activities of several ministries on the basis of a joint proposal
of the relevant ministers.
[20 October 2022]
Section 29. Local Government Agency
Established Jointly by Local Governments
(1) A local government agency established jointly by several
local governments shall be subject to the procedures for
establishing joint institutions laid down in the Law on Local
Governments, unless laid down otherwise in this Law.
(2) The procedures for supervising and financing the operation
of the local government agency established jointly by local
governments and for preparing and approving the statements
thereof shall be laid down in the by-laws of this local
government agency.
(3) The director of the local government agency established
jointly by local governments shall have the competence of the
director of the local government agency as prescribed in this
Law.
(4) If in legal relations with natural and legal persons the
fulfilment of obligations of the local government agency
established jointly by local governments may interfere with the
performance of functions thereof or if property of the local
government agency established jointly by local governments is not
sufficient for the fulfilment of the obligations thereof, the
local governments shall be liable for the obligations of the
local government agency established jointly by the relevant local
governments in proportion to the share of property invested by
each local government.
[20 October 2022 / See Paragraph 12 of Transitional
Provisions]
Section 29.1
Establishment, Reorganisation, and Liquidation of the Agency
Established Jointly by the State and Local Governments
(1) The Cabinet shall establish, reorganise, and liquidate the
agency established jointly by the State and a local government on
the basis of a law or upon initiative of the Cabinet and the
relevant local government in conformity with the requirements
laid down in Section 15 of the State Administration Structure
Law.
(2) In establishing, reorganising, or liquidating the agency
established jointly by the State and a local government, the
Cabinet and the relevant local government shall evaluate the need
for the establishment, reorganisation, or liquidation thereof
based on the observations referred to in Section 3, Paragraph
three of this Law.
(3) If the agency established jointly by the State and a local
government is reorganised or liquidated, a closing balance sheet
thereof shall be prepared by indicating the value of property and
the extent of liabilities and claims which are assigned to the
State and the relevant local government on the basis of inventory
and accounting data.
[20 October 2022]
Section 30. Agency Established
Jointly by the State and a Local Government
(1) Agencies established jointly by the State and a local
government shall be subject to the norms of this Law prescribing
the operation of State agencies, unless otherwise provided in
this Chapter.
(2) The Cabinet and a local government council shall approve
the by-laws of the agency established jointly by the State and
relevant local government, and the respective agency shall act on
behalf of the relevant public entities according to the
determined competence thereof. Subordination shall be exercised
in the form of supervision.
(3) The procedures for supervising and financing the operation
of the agency established jointly by the State and a local
government and for preparing and approving the statements
thereof, and also the form and content of functional
subordination in respect of the services provided in the scope of
operation thereof shall be determined in the by-laws of the
agency established jointly by the State and a local government.
The amount of property to be transferred into possession of this
agency shall be determined in the Cabinet order on the agency
established jointly by the State and a local government.
(4) Prior to taking a decision, the Cabinet and the relevant
local government shall mutually agree on the procedures for
supervising the operation of the agency established jointly by
the State and a local government and for preparing and approving
the reports thereof.
(5) If a grant from general revenues is given to the agency
established jointly by the State and a local government, it shall
be covered from the State budget to ensure the performance of
State tasks or from the local government budget to ensure the
performance of local government tasks.
(6) The Cabinet shall approve an operational strategy of the
agency established jointly by the State and a local government.
The Cabinet and the relevant local government shall agree on the
conditions of the operational strategy prior to taking a
decision.
(7) A competition shall be organised for the position of the
director of the agency established jointly by the State and a
local government in accordance with the procedures laid down in
the State Civil Service Law.
(8) The Cabinet shall appoint and remove from the office the
director of the agency established jointly by the State and a
local government on the basis of a joint proposal of the relevant
minister and council.
[20 October 2022]
Section 31. Property of the Agency
Established Jointly
(1) Property of the agency established jointly shall
constitute property of the State and the relevant local
government or State, or of the relevant local government
transferred into possession or use of such agency.
(2) The agency established jointly has the right to acquire,
in accordance with the procedures laid down by law, the movable
property necessary for the operation thereof, and also to
alienate the movable property in possession of the agency. Funds
obtained by alienating the movable property shall be transferred
to the State or local government budget.
Section 32. Administrative Acts and
Liability of the Agency Established Jointly
(1) Administrative acts or actual actions of the agency
established jointly may be appealed before a court in accordance
with the procedures laid down in the Administrative Procedure
Law, unless procedures for contesting such administrative act are
laid down by law or Cabinet regulations.
(2) Bodies establishing the agency established jointly shall
be liable for any losses caused by the relevant agency in the
field of public and private law in accordance with the procedures
laid down in the State Administration Structure Law, unless
otherwise provided in by-laws of the agency.
Transitional Provisions
1. With the coming into force of this Law, the Public Agencies
Law (Latvijas Republikas Saeimas un Ministru Kabineta
Ziņotājs, 2001, No. 10; 2002, No. 23; 2005, No. 6, 2008, No.
1; 2009, No. 1, 2, 6) is repealed.
2. In accordance with the requirements of this Law, the State
agency Civil Aviation Agency shall commence operation on 1
January 2010. Ministries shall evaluate the conformity of
operation of other State agencies to the requirements of this Law
and the Cabinet shall take the decision to continue operation of
the relevant agency or to liquidate or reorganise the agency by 1
January 2013 in conformity with the requirements laid down in
Section 15 of the State Administration Structure Law.
3. Until the Cabinet decision referred to in Paragraph 2 of
these Transitional Provisions, the State agencies established
until the day of coming into force of this Law shall operate
according to the status of institutions of direct administration
specified in the State Administration Structure Law and in
accordance with the procedures for financing budget institutions
laid down in the Law on Budget and Financial Management. The
provisions of this Law shall not be applicable to such agencies
in so far as it does not determine otherwise.
4. The Cabinet shall ensure the development of the necessary
draft laws and regulations in conformity with the requirements of
this Law by 1 January 2013.
5. Until the day of the entry into force of the new by-laws of
the State agencies, but not longer than until 1 January 2013, the
by-laws of the State agencies issued on the basis of the law
referred to in Paragraph 1 of these Transitional Provisions shall
be applicable.
6. Until the day of the coming into force of the Cabinet
regulation referred to in Section 5, Paragraph two of this Law,
but not longer than until 1 September 2011, Cabinet Regulation
No. 615 of 23 August 2005, Methodology for Determining Prices for
the Public Services of the State Agencies and Procedures for
Approving Prices, shall be applicable, in so far as it is not in
conflict with this Law.
7. Management contracts of public agencies may be in force
until expiry of the validity period thereof, in so far as they
are not in conflict with other laws and regulations or working
plan of the State agency or supervisory authority.
8. For the purpose of ensuring continuity of planning the
operation of the State agencies, the director of the State agency
shall develop a working plan for 2010 and agree thereon with the
relevant minister. The working plan for 2010 shall include the
task to develop a medium-term operational strategy of the State
agency for 2011-2013 in accordance with the procedures stipulated
by the Cabinet.
9. Local government councils shall, by 31 December 2010,
ensure that operation of local government agencies conforms to
the provisions of Section 2, Paragraph two and Section 17,
Paragraphs two and four of this Law.
10. The Cabinet shall develop and submit to the Saeima
the necessary amendments to other laws by 1 January 2011.
11. The director of the State agency who is not a civil
servant and who continues fulfilling the duties of the director
after 31 October 2022 shall be appointed to the office of a civil
servant from 1 November 2022, provided that he or she corresponds
to the mandatory requirements determined for the civil
servant.
[20 October 2022]
12. Amendment to Section 2, Paragraph five, Section 17,
Paragraph five, and Section 29, Paragraph one of this Law shall
come into force concurrently with the Law on Local
Governments.
[20 October 2022]
This Law shall come into force on 1 January 2010.
This Law has been adopted by the Saeima on 1 December
2009.
President V. Zatlers
Rīga, 18 December 2009
1 The Parliament of the Republic of
Latvia
Translation © 2023 Valsts valodas centrs (State
Language Centre)
