Statutory Instruments

2010 No. 607

Housing, England

The Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2010

Made

3rd March 2010

Laid before Parliament

9th March 2010

Coming into force

6th April 2010

The Secretary of State, in exercise of the powers conferred by paragraph 4(2) of Schedule 14 to the Housing Act 2004(1), makes the following Regulations:

Citation, commencement and application

1.—(1) These Regulations may be cited as the Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2010 and shall come into force on 6th April 2010.

(2) These Regulations apply in relation to England only.

Educational establishments specified for certain purposes of the Housing Act 2004

2.  An educational establishment is specified for the purposes of paragraph 4 of Schedule 14 to the Housing Act 2004 where—

(a)it is listed in the Schedule to these Regulations; and

(b)it is listed as the relevant educational establishment in respect of a building—

(i)listed on or before 23rd December 2009 in the Schedule annexed to The Universities UK/Standing Conference of Principals Code of Practice for the Management of Student Housing dated 20th February 2006(2); or

(ii)listed on or before 18th January 2010 in the second column of Schedule 1 of Appendix VII to the ANUK/Unipol Code of Standards for Larger Developments for Student Accommodation Managed and Controlled by Educational Establishments dated 28th August 2008(3).

Revocation of earlier Regulations

3.  The Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2009(4) are revoked.

Signed by authority of the Secretary of State for Communities and Local Government

Ian Austin

Parliamentary Under Secretary of State

Department for Communities and Local Government

3rd March 2010

Regulation 2(a)

SCHEDULEEducational establishments listed for the purposes of paragraph 4 of Schedule 14 to the Housing Act 2004

EXPLANATORY NOTE

(This note is not part of the Regulations)

Schedule 14 to the Housing Act 2004 (“the Act”) lists types of buildings that are not houses in multiple occupation (“HMOs”) for the purposes of the Act (excluding Part 1, which deals with housing conditions). HMOs are defined in section 254 of the Act.

Paragraph 4 of Schedule 14 to the Act provides that a building is not an HMO for the purposes of the Act (excluding Part 1) if it is a building which is occupied solely or principally by persons who occupy it for the purpose of undertaking a full-time course of further education at a specified establishment, or at an establishment of a specified description; and where the person managing or controlling the building is the establishment in question, or a specified person or a person of a specified description.

Regulation 2 of and the Schedule to, these Regulations specify establishments. Where a building is owned and managed by a specified establishment and the building is listed in the relevant Schedules or Appendix to the Codes referred to in regulation 2(b), then that building is not an HMO for the purposes of the Act (excluding Part 1).

These Regulations revoke the Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2009. They replace the list of establishments that were listed in the Schedule to those Regulations.

A copy of the Universities UK/Standing Conference of Principals Code of Practice dated 20th February 2006 and the Schedule annexed to it may be obtained from Universities UK, Woburn House, 20 Tavistock Square, London WC1H 9HQ, by emailing info@universities.ac.uk or via the internet at www.universitiesUK.ac.uk.

A copy of the ANUK/Unipol Code of Standards for Larger Developments for Student Accommodation Managed and Controlled by Educational Establishments dated 28th August 2008 and the Appendices attached to it may be obtained from the National Administrator for the ANUK/Unipol National Code of Standards based at Unipol Student Homes, 155-157 Woodhouse Lane, Leeds LS2 3ED, by emailing info@unipol.leeds.ac.uk or via the internet at www.unipol.leeds.ac.uk or www.anuk.org.uk.

Copies of the updated Schedule 1 of Appendix VII to the ANUK/Unipol Code and the Schedu1e to the Universities UK Code have been lodged in the libraries of both Houses of Parliament.

An impact assessment has not been provided for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

2004 c.34. The powers conferred by paragraph 4(2) of Schedule 14 to the Housing Act 2004 (“the Act”) are exercisable, as respects England, by the Secretary of State. See the definition of the appropriate national authority in section 261(1). As respects Wales, by virtue of paragraph 30(2)(c) of Schedule 11 to the Government of Wales Act 2006 (c.32) the functions formerly exercisable by the National Assembly for Wales are now exercisable by the Welsh Ministers.

(2)

This Code of Practice has been approved by the Secretary of State under section 233 of the Act. See the Housing (Approval of Codes of Management Practice) (Student Accommodation) (England) Order 2006 (S.I. 2006/646).

(3)

This Code of Practice has been approved by the Secretary of State under section 233 of the Act. See the Housing (Approval of Code of Management Practice) (Student Accommodation) (England) (Order) 2008 (S.I. 2008/2345).