PART THREE: THE DEPARTMENT

The provisions relating to the legality control and budgetary control of the acts of departmental public establishments and departmental and territorial fire and rescue services are those laid down by Chapter II of Title III of Book I of Part Three and by Chapter II of Title I of Book VI of Part One. The provisions relating to the finances of the departmental and territorial fire and rescue services are…

In public service concession contracts, the départements, as well as departmental public establishments, may not insert clauses whereby the concessionaire assumes responsibility for the execution of work that is outside the scope of the concession.

Public works contracts concluded by the local authorities referred to in the previous article must not contain clauses involving the leasing of public revenue.

The budgets of public services of an industrial or commercial nature operated by a public authority, leased out or under a concession, must have revenue and expenditure in balance.

Departments are prohibited from taking responsibility in their own budgets for the public services mentioned in Article L. 3241-4 for expenditure other than that resulting from duly approved treaties or specifications. Deliberations or decisions of the departmental councils involving an increase in the expenditure of the said public services may not be implemented when they are not accompanied by a vote for the corresponding revenue.

When a public institution operates in several départements, the composition of the board of directors is adapted to ensure fair representation of elected representatives from all these départements.