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What it regulates
Regulated organisational, asset and accounting separation between mutuas’ collaboration with Social Security and their former external prevention-service activities. It does not authorise mutuas to provide that service today.
Who it applies to
Amendment of RD 1993/1995 and article 22 of RD 39/1997, with eight transitional adaptation provisions. Historical reading alongside current LPRL article 32.
Key provisions
The 2005 design separated Social Security prevention activities from external prevention services, through a prevention company or an independent dedicated organisation. This describes the regime at that time, not a current option.
Article OneThe amendment to the Prevention Services Regulation stressed independence between commercial preventive functions and collaboration in Social Security management. Later regulation must be checked in today’s applicable texts.
Article TwoThe historical separation procedure required authorisation, inventories, balance sheets, employment documentation and transfer of the activity without interruption. Service agreements and employment relationships had specific succession rules.
Transitional provision secondThe transitional provisions also addressed cessation, restrictions during separation, notification of accreditation changes, staff safeguards and amendment of statutes. Deadlines were tied to decisions or authorisations within that process.
Transitional provision fourthSince 1 January 2015, LPRL article 32 prohibits mutuas from performing external prevention-service functions and using historic assets for shareholdings in companies whose objects include prevention. Preventive activities within Social Security collaboration are a different category.
Article 32History and versions
Initial publication: 11/06/2005 · Initial entry into force: 12/06/2005
BOE-A-2005-9877The sheet retains the three subsequent relationships in its own record and adds the decisive amendments to LPRL article 32 in 2010 and 2014. Its latest own wording, published in 2010, does not by itself establish mutuas’ current legal position.
Resolution of 3 November 2005: accounting instructions and instructions on checks and reports for separation processes.
BOE-A-2005-19006Order TAS/4053/2005 develops the actions required of mutuas to adapt to the separation regime.
BOE-A-2005-21312RD 38/2010 repeals only the final paragraph of transitional provision two.4. It does not repeal RD 688/2005 in full.
BOE-A-2010-654Law 32/2010 amends LPRL article 32, prohibits direct external prevention-service activity and at that time retains the possibility of shareholdings in companies. This changes the legal framework, separately from the recorded partial repeal in 2010.
BOE-A-2010-12616Law 35/2014, effective from 1 January 2015: LPRL article 32 prohibits both performing external prevention-service functions and using historic assets for shareholdings in companies whose objects include prevention. Its third transitional provision requires divestment.
BOE-A-2014-13568All text versions recorded by the BOE
| Publication | Effective date | Official reference | Affected provisions |
|---|---|---|---|
| 11/06/2005 | 12/06/2005 | BOE-A-2005-9877 | Preamble, Article One, Article Two, Transitional provision first, Transitional provision second, Transitional provision third, Transitional provision fourth, Transitional provision fifth, Transitional provision sixth, Transitional provision seventh, Transitional provision eighth, Final provision first, Final provision second, Signature |
| 16/01/2010 | 17/01/2010 | BOE-A-2010-654 | Transitional provision second |
Transitional provisions and application notes
Published on 11 June 2005 and initially effective from 12 June 2005. The choice required within the first seven months of 2005 and the one-year, five-year or six-month periods in its transitional provisions are historical, with their respective triggering events.
Final provision secondThe express 2010 repeal is limited to the final paragraph of transitional provision two.4. The absence of a total-repeal marker does not permit old powers to be applied today contrary to LPRL article 32.
Transitional provision secondLaw 35/2014 required sale proposals before 31 March 2015 and disposal of holdings by 30 June 2015. These are two distinct, expired milestones; the first must not be confused with the transfer deadline.
Official reference
Official BOE legal relationships
Earlier references (3)
- Amends · BOE-A-1997-1853
- Amends · BOE-A-1995-26716
- In accordance with · BOE-A-1995-24292
Subsequent references (3)
- Repeal recorded · BOE-A-2010-654
- Instrument issued under this legislation · BOE-A-2005-21312
- Instrument issued under this legislation · BOE-A-2005-19006
