Dissolution of local councils
1. In the event of dissolution of local councils by decision of the Council of Ministers (Consejo de Ministros) as contemplated in the basic local government statutes for mismanagement deemed to be seriously detrimental to the general interest and a failure to comply with the council’s constitutional duties, a by-election is to be held within three months for the formation of a new council.
Provided that no such by-election may be called if at the date on which the new council so elected should be constituted there remains less than one year for expiry of the council’s mandate.
Until the constitution of the new council or expiry of the dissolved council, ordinary business shall be the responsibility of a managing committee appointed by the Provincial Deputation9 or, as the case may be, by the appropriate body of the Self-governing Community, whose membership shall not in any case exceed the legal number of members of the council. The functions of Mayor or chairman shall be discharged by the member chosen for that purpose by absolute majority among all members of the committee.
2. Where dissolution takes place because the executive bodies of the local council have carried out some of the actions contemplated in Section 61.2 of Basic Local Government Act 7/1985, of April 210, the Provincial Deputation or, as the case may be, the appropriate body of the Self-governing Community shall after such dissolution directly take over the ordinary management of the council until expiry of the statutory mandate. It may not however adapt decisions for which a qualified majority is required.
SECT. 183 AS AMENDED BY SECT. 5 OF INSTITUTIONAL ACT 1/2003, OF MARCH 10
9 Provincial Deputations are the directly elected assemblies of the 50 Spanish provinces .Vide infra Part V of this Act, Sects. 202-209). 10 Subs. 2 of said Sect. 61 of the Local Government Act describes as seriously detrimental to the general interest” any decisions or acts “giving explicit or tacit cover or support, in a reiterated and grave manner, to terrorism or to those who take part in the execution of terrorist actions, praise or justify terrorism or scorn or humiliate victims thereof or their relatives”.
