The seventh final provision of Law 39/2015, of October 1, on common administrative procedure of public administrations (LPACAP), provides that the Law will enter into force one year after its publication in the BOE, but it excludes from this forecast, among others, the articles referring to electronic registration, which will take effect after two years from the entry into force of the LPACAP, that is, from October 2, 2018 .

On the other hand, the single repealing provision of the LPACAP establishes that, until, in accordance with the seventh final provision, the provisions relating to electronic records do not take effect, they will remain in force and therefore, the Law will continue to apply 30/1992, of November 26, on the legal regime of public administrations and the common administrative procedure (LRJPAC) and Law 11/2007, of June 22, on electronic access of citizens to public services (LAECSP), in everything related to face-to-face and electronic registration, respectively.

In the same sense, the fourth transitional provision of the LPACAP orders to maintain the pre-existing channels with citizens, while providing that until the entry into force of the provisions relating to electronic records, the Administrations must maintain the same channels, means or current electronic systems related to this matter, which allow to guarantee the right of people to relate electronically with them.

Therefore, from what has been explained, it can be concluded that in terms of entry registration (in the double version, face-to-face and electronic) the regulation of the LRJPAC and the LAECSP continues to be applicable.

The specific regulation of electronic registration in the LAECSP already provided that each public administration had to have, at least, an electronic registration system sufficient to receive all types of requests, letters and communications. But this obligation was conditioned by its third final provision (section 4), which for the area of local administrations, relegated the exercise of the rights of article 6 from December 31, 2009, based on the budgetary availability of each entity.

Despite this, at present the existence of the electronic register in all Public Administrations is mandatory because from the entry into force of the LPACAP the third provision of the LAECSP has been repealed. This means that the legal possibility that the Administrations had to breach the creation of the electronic record has been removed.

At this point, local bodies that do not have an electronic register in accordance with the mandate of the LAECSP, will have to create one, as it is the regulation that is in force, and must in any case maintain the face-to-face register provided for in the LRJPAC, which must be available for relations with natural persons not obliged to the electronic relation.

Finally, it seems reasonable to emphasize the fact that despite the fact that the regulation in force until 2018 is the one provided for in the LAECSP, the operation of the electronic registration should tend to what is viable in the regulation of the LPACAP, so that the moment, the transition is easier between one regulation and the other.

Legal context

Law 39/2015:

Seventh final provision. Entry into force

"This Law enters into force one year after its publication in the "Official State Gazette".

However, the provisions relating to the electronic register of powers of attorney, electronic register, register of skilled public employees, general electronic access point of the Administration and single electronic file take effect after two years of entry into force of the Law."

Fourth transitional provision. Transitory regime of files, records and general access point.

"Until the provisions relating to the electronic register of powers of attorney, electronic register, electronic general access point of the Administration and single electronic archive do not enter into force, the public administrations must maintain the same channels, media or electronic systems in force relative to the aforementioned subjects, which allow to guarantee the right of people to relate electronically with the administrations."

Single repealing provision. Regulatory repeal.

"2. The following provisions are expressly repealed:

a) Law 30/1992, of November 26, on the legal regime of public administrations and the common administrative procedure.

b) Law 11/2007, of June 22, on citizens' electronic access to public services.

[...]

Until, in accordance with the provisions of the seventh final provision, the provisions relating to the electronic register of powers of attorney, electronic register, general electronic access point of the Administration and single electronic archive take effect, the articles of the rules provided for in letters a), b) and g) relating to the aforementioned subjects."

Law 11/2007:

Article 24. Electronic records.

"1. Public administrations must create electronic records for the reception and forwarding of requests, letters and communications.

2. Electronic records may support:

a) Standardized electronic documents corresponding to the services, procedures and formalities that are specified in accordance with the rules for creating the register, formalized in accordance with pre-established formats.

b) Any request, writing or communication other than those mentioned in the previous section addressed to any body or entity within the scope of the administration holding the record.

3. In each Public Administration there must be, at least, an electronic records system sufficient to receive all types of requests, writings and communications addressed to the aforementioned Public Administration. The public administrations, by means of collaboration agreements, can enable their respective registers to receive the requests, writings and communications of the competence of another Administration that are determined in the corresponding agreement.

4. In the scope of the General Administration of the State, the physical registration offices referred to in article 38 of Law 30/1992, on the legal regime of public administrations and of the common administrative procedure, in order to guarantee the interconnection of all its offices and enable access by electronic means to the registrations and electronic copies of the documents presented."

Article 25. Creation and operation.

"1. The provisions for the creation of electronic records are published in the corresponding official newspaper and their full text must be available for consultation at the electronic headquarters for access to the register. In any case, the provisions for the creation of records electronic must specify the body or unit responsible for its management, as well as the official date and time and the days declared inoperative for the purposes provided for in the following article.

2. In the electronic site for access to the register, there must be an updated list of the requests, letters and communications referred to in section 2.a) of the previous article that can be submitted there as well as, where applicable, the possibility of submitting requests, writings and communications referred to in section 2.b) of the aforementioned article.

3. Electronic records must automatically issue a receipt consisting of an authenticated copy of the document, request or communication in question, including the date and time of presentation and the registration entry number.

4. Documents can be provided to accompany the corresponding request, letter or communication, as long as they meet the format standards and security requirements determined by the National Interoperability and Security Schemes. Electronic records must generate receipts certifying the delivery of these documents that guarantee the integrity and non-rejection of the documents provided."

Article 26. Calculation of deadlines.

"1. The electronic records are governed for the purposes of calculating the deadlines attributable both to the interested parties and to the public administrations by the official date and time of the electronic access office, which must have the necessary security measures to guarantee its integrity and must be visible.

2. The electronic records must allow the submission of requests, writings and communications every day of the year during the twenty-four hours.

3. For the purposes of calculating deadlines set in business or calendar days, and with regard to compliance with deadlines by interested parties, the presentation on a non-business day is understood to have been made at the first hour of the first following business day, unless a rule expressly allow reception on non-working days.

4. The beginning of the calculation of the deadlines that must be met by the administrative bodies and entities under public law is determined by the date and time of presentation in the same register or, in the case provided for in section 2.b of article 24, for the date and time of entry in the recipient's register. In any case, the effective start date of the calculation of terms must be communicated to the person who presented the letter, request or communication.

5. Each electronic headquarters where an electronic register is available determines, taking into account the territorial scope where the holder of that one exercises his powers, the days that are considered non-working days for the purposes of the previous sections. In any case, the provisions of article 48.5 of Law 30/1992, on the legal regime of public administrations and the common administrative procedure, are not applicable to electronic records."

Law 30/1992:

Article 38. Records.

"1. The administrative bodies must keep a general register in which the corresponding entry must be made of any writing or communication that is presented or received in any administrative unit of its own. It must also be noted the output of official writings and communications addressed to other bodies or individuals.

2. The administrative bodies can create in the corresponding administrative units of the organization itself other registers in order to facilitate the presentation of letters and communications. These registers are auxiliary to the general register, to which they must report any entries they make.

The entries must be noted respecting the temporal order of receipt or output of the writings and communications, and must indicate the date of the day of receipt or output.

Once the registration procedure has been completed, the writings and communications must be processed without delay to the addressees and the corresponding administrative units from the register in which they were received.

3. The general registers, as well as all the registers that the public administrations establish for the reception of writings and communications from individuals or administrative bodies, must be installed on computer support.

The system must ensure that, in each settlement that is made, a number, descriptive heading of the nature, date of entry, date and time of presentation, identification of the interested party, sending administrative body, if applicable, and person or administrative body to which it is sent, and, if applicable, reference to the content of the document or communication that is registered.

Also, the system must guarantee computer integration in the general register of the entries made in the other registers of the administrative body.

4. Requests, writings and communications that citizens address to public administration bodies can be submitted:

a) To the records of the administrative bodies to which they are directed.

b) In the records of any administrative body, which belongs to the General Administration of the State, to that of any administration of the autonomous communities, to that of any administration of the provincial councils, cabildos and insular councils, to the town councils of the municipalities referred to in article 121 of Law 7/1985, of April 2, regulating the bases of the local regime, or that of the rest of the entities that make up the local administration if, in the latter case , the appropriate agreement has been signed.

c) At post offices, in the manner established by regulation.

d) To the diplomatic representations or consular offices of Spain abroad.

e) In any other place established by the provisions in force.

By means of collaboration agreements signed between public administrations, systems of intercommunication and coordination of records must be established that guarantee computer compatibility, as well as the electronic transmission of registration entries and requests, letters, the communications and documents presented in any of the registers.

5. For the effectiveness of the rights recognized by article 35.c of this Law to citizens, they may attach a copy of the documents they present to their requests, writings and communications.

This copy, with the prior agreement with the original for any of the registers referred to in points a and b of section 4 of this article, must be sent to the receiving body and the original returned to the citizen . When the original must be included in the procedure, the copy must be given to the citizen, once sealed by the records and with prior verification of identity with the original.

6. Each public administration must establish the days and hours of opening of the registers, and must guarantee the right of citizens to the presentation of documents provided for in article 35.

7. Any tax that must be paid at the time of submitting requests and letters to public administrations.

8. The public administrations must make public and keep updated a list of their own or contracted registration offices, the access and communication systems, as well as the operating hours."

Second additional provision. Computerization of records.

"The incorporation into computer support of the records referred to in article 38.3 of this Law is effective taking into account the degree of development of the technical means at their disposal."
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