Act No. 384 / 2012 Coll.
Act amending Act No. 108 / 2006 Coll., on Social Services, as amended
Valid
Effective from 01.01.2013
Text versions:
01.01.2013
16.11.2012
384
THE LAW
of 24 October 2012
amending Act No. 108 / 2006 Coll., on Social Services, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 108 / 2006 Coll., on Social Services, as amended by Act No. 29 / 2007 Coll., Act No. 213 / 2007 Coll., Act No. 261 / 2007 Coll., Act No. 124 / 2008 Coll., Act No. 129 / 2008 Coll., Act No. 274 / 2008 Coll., Act No. 347 / 2010 Coll., Act No. 427 / 2010 Coll., Act No. 73 / 2011 Coll., Act No. 364 / 2011 Coll., Act No. 366 / 2011 Coll., Act No. 375 / 2011 Coll., Act No. 420 / 2011 Coll., is amended as follows:
1. At the end of the text of § 6, the words "or state contribution organisations which are legal persons' shall be added.
2. § 26 reads:
(1) The Regional Branch of the Labour Office shall suspend the grant procedure for the period for which:
(a) the district social security administration assesses the degree of dependency of the person; or
(b) health care is provided to a person during hospitalisation unless a social inquiry has been carried out by the date of admission to hospital.
(2) The Regional Branch of the Labour Office will terminate the grant procedure if the applicant has died before carrying out the social inquiry pursuant to Paragraph 25 (1). "
3. The following Section 96a is inserted after Section 96:
(1) The Ministry may establish social services facilities as a state contribution organisation. The Ministry shall issue the instrument of incorporation of this establishment. The State contribution organisation shall be established on the date specified in the instrument of incorporation. The instrument of incorporation shall also include the following information:
(a) the designation of the founder of the State Contribution Organisation;
(b) the name, registered office and identification number of the person of the State contribution organisation;
(c) the definition of the purpose for which the State contribution organisation is established;
(d) the subject matter of the main activity or other activity, if any;
(e) the designation of the statutory body and the definition of the basic organisational structure of the State contribution organisation;
(f) the definition of the assets of the Czech Republic entrusted by the Ministry to the State Contributory Organisation when it is established;
(g) the definition of the period for which the State contribution organisation is set up and, where appropriate, the indication that it is set up for an indefinite period.
(2) The Ministry may decide to divide a State contribution organisation established under paragraph 1, to merge it or to merge it with another State contribution organisation established under paragraph 1, or to amend such State contribution organisation. At the same time, it shall issue the instrument of incorporation of the emerging state contribution organisation or the supplement to the instrument of incorporation. The State contribution organisation shall cease to exist on the date laid down in the decision on its division or merger or, where appropriate, on the date set out in the decision on its merger, if another State contribution organisation is the legal successor.
(3) The Ministry may decide to abolish a State contribution organisation set up under paragraph 1. At the same time, it shall decide on how to settle the rights and obligations exercised by the State contribution organisation, including the jurisdiction to manage the State's assets, and cancel the instrument of incorporation. If they do not decide, the rights and obligations of the cancelled state contribution organisation shall be transferred to the Ministry. The State contribution organisation shall cease to exist on the date specified in the decision to revoke it.
(4) The establishment, division, merger, merger or cancellation of a State contribution organisation decided on in accordance with paragraphs 1 to 3 shall be notified by the Ministry in the Central Journal of the Czech Republic within 30 days of the date on which that fact occurred. The notification shall include the designation of the contractor of the State Contribution Organisation, its name, registered office, identification number of the person and date, month and year of origin, division, merger, merger or termination. ';
Transitional provisions
1. Social services facilities of the Social Welfare Institute for the visually impaired in Brno-Chrlice, Institute of Social Welfare for the disabled young people Zboch, Institute of Social Welfare for the disabled young people in Brno-King Poli and the Diagnostic Institute of Social Welfare in Tloskov, established by the Ministry of Labour and Social Affairs as an organisational component of the State, become state contributory organisations under Section 96a of Act No. 108 / 2006 Coll., as effective from the date of entry into force of this Act, and their founder is the Ministry of Labour and Social Affairs.
2. The Ministry of Labour and Social Affairs shall issue the instruments of incorporation of the state contribution organisations referred to in point 1. Paragraph 96a (1) of Act No. 108 / 2006 Coll., as effective from the date of entry into force of this Act, applies mutatis mutandis.
3. The rights and obligations of the Czech Republic from the employment relationships of employees assigned to the work in the organisational units of the State referred to in point 1 shall be transferred to the state contribution organisations referred to in point 1 on the date of entry into force of this Act.
4. The State contribution organisations referred to in point 1 shall, from the date of entry into force of this Act, be responsible for the management of the property of the Czech Republic, including the registration, rights and claims, other assets and other assets with which, at the date of entry into force of this Act, the organisational components of the State referred to in point 1 were responsible.
5. The liabilities and other liabilities of the Czech Republic, which at the date of entry into force of this Act belonged to the organisational components of the State referred to in point 1, are as from the date of entry into force of this Act the liabilities and liabilities of the state contribution organisations referred to in point 1.
6. The funds of the funds of the organizational components of the State referred to in point 1, concentrated in these funds pursuant to § 48 (1) of Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules), become funds of similar funds of state contribution organisations. The funds with which the organizational bodies of the State referred to in point 1 were competent at the date of entry into force of this Act to manage or manage them shall be transferred to the account of the Ministry of Labour and Social Affairs. These funds shall be transferred without delay by the Ministry of Labour and Social Affairs to the accounts of the state contribution organisations.
7. The state contribution organisations referred to in point 1 are, from the date of the entry into force of this Act, the holders of the rights and obligations arising from the marketing authorisation pursuant to § 81 of Law 108 / 2006 Coll. and the rights and obligations arising from the contracts concluded for the provision of social services under § 91 of the Act 108 / 2006 Coll., whose holders were at the date of entry into force of this Act the organisational elements of the State referred to in point 1.
8. The existing state contribution organisation of the Social Welfare Institute for the Disabled Persons in Hrabyn, established by the Ministry of Labour and Social Affairs, shall be considered as a State contribution organisation pursuant to § 96a of Act No. 108 / 2006 Coll., as effective from the date of entry into force of this Act.
This Law shall take effect on 1 January 2013, with the exception of Article I (2), which shall take effect on the day of its publication.
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Regulation Information
| Citation | Act No. 384 / 2012 Coll., amending Act No. 108 / 2006 Coll., on Social Services, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.11.2012 |
|---|---|
| Effective from | 01.01.2013 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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