The Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2009

Made: 24th August 2009

Laid before Parliament: 1st September 2009

Coming into force: 1st October 2009

The Secretary of State, in exercise of the powers conferred by paragraph 4(2) of Schedule 14 to the Housing Act 2004[^f00001], 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 2009 and shall come into force on 1st October 2009.

• (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 3rd July 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[^f00002]; or

• (ii) listed on or before 30th April 2009 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[^f00003].

Revocation of earlier Regulations

3

The Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2008[^f00004] are revoked.

SCHEDULE — Educational establishments listed for the purposes of paragraph 4 of Schedule 14 to the Housing Act 2004

• Anglia Ruskin University

• Aston University

• Balliol College, University of Oxford

• Bath Spa University

• Birmingham City University

• Bishop Grosseteste University College

• Blackfriars Hall, University of Oxford

• Blackpool and Fylde College

• Bournemouth University

• Bradford University

• Brasenose College, University of Oxford

• Brunel University

• Buckinghamshire New University

• Campion Hall, University of Oxford

• Canterbury Christ Church University

• Castle College, Nottingham

• Chichester College

• Christ Church, University of Oxford

• City University London

• Corpus Christi College, University of Oxford

• Coventry University

• Cranfield University

• David Game College

• De Montfort University

• Edge Hill University

• Exeter College, University of Oxford

• Foundation for International Education

• Goldsmiths, University of London

• Green Templeton College, University of Oxford

• Harper Adams University College

• Harris Manchester College, University of Oxford

• Hertford College, University of Oxford

• Hillcroft College

• Imperial College London

• Institute of Education, University of London

• Jesus College, University of Oxford

• Keble College, University of Oxford

• Keele University

• Kellogg College, University of Oxford

• King’s College London

• Kingston University

• Lady Margaret Hall, University of Oxford

• Lancaster University

• Leeds Metropolitan University

• Leeds Trinity & All Saints

• Linacre College, University of Oxford

• Lincoln College, University of Oxford

• Liverpool Hope University

• Liverpool John Moores University

• London South Bank University

• Loughborough College

• Loughborough University

• Magdalen College, University of Oxford

• Manchester Metropolitan University

• Mansfield College, University of Oxford

• Merton College, University of Oxford

• New College, University of Oxford

• Newman University College, Birmingham

• Norwich University College of the Arts

• Northumbria University

• Nottingham Trent University

• Nuffield College, University of Oxford

• Oriel College, University of Oxford

• Oxford Brookes University

• Pembroke College, University of Oxford

• Queen Mary (University of London)

• Regent’s Park College, University of Oxford

• Richmond, The American International University in London

• Roehampton University

• Royal Agricultural College

• Royal College of Music

• Royal Holloway, University of London

• Ruskin College, Oxford

• Scholarship and Christianity in Oxford

• Sheffield Hallam University

• Somerville College, University of Oxford

• Southampton Solent University

• St Anne’s College, University of Oxford

• St Antony’s College, University of Oxford

• St Benet’s Hall, University of Oxford

• St Catherine’s College, University of Oxford

• St Chad’s College, University of Durham

• St Cross College, University of Oxford

• St Edmund’s College, University of Cambridge

• St Edmund Hall, University of Oxford

• St George’s, University of London

• St Hilda’s College, University of Oxford

• St Hugh’s College, University of Oxford

• St John’s College, Durham

• St John’s College, University of Oxford

• St Mary’s University College, Twickenham

• St Peter’s College, University of Oxford

• St Stephen’s House, University of Oxford

• Staffordshire University

• Stanfords College UK

• Thames Valley University

• The Arts Institute at Bournemouth

• The Guildhall School of Music and Drama

• The London School of Economics and Political Science (University of London)

• The Queen’s College, University of Oxford

• The Royal Veterinary College

• The University of Bolton

• The University of Hull

• The University of Liverpool

• The University of Manchester

• The University of Northampton

• The University of Nottingham

• The University of Reading

• The University of Salford

• The University of Sheffield

• The University of Surrey

• The University of Warwick

• The University of Winchester

• The University of York

• Trinity College, University of Oxford

• University College Birmingham

• University College for the Creative Arts

• University College London

• University College, Falmouth

• University College Plymouth St Mark & St John

• University College, University of Oxford

• University of Bath

• University of Bedfordshire

• University of Birmingham

• University of Brighton

• University of Bristol

• University of Buckingham

• University of Central Lancashire

• University of Chester

• University of Chichester

• University of Cumbria

• University of Derby

• University of Durham

• University of East Anglia

• University of East London

• University of Essex

• University of Exeter

• University of Gloucester

• University of Greenwich

• University of Hertfordshire

• University of Kent

• University of Leeds

• University of Leicester

• University of Lincoln

• University of London

• University of Newcastle

• University of Oxford

• University of Plymouth

• University of Portsmouth

• University of Southampton

• University of Sunderland

• University of Sussex

• University of Teesside

• University of the Arts London

• University of the West of England, Bristol

• University of Westminster

• University of Wolverhampton

• University of Worcester

• Wadham College, University of Oxford

• Wolfson College, University of Oxford

• Worcester College, University of Oxford

• Writtle College

• Wycliffe Hall, University of Oxford

• York St John University

Signed

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

Bill McKenzie — Parliamentary Under Secretary of State — Department for Communities and Local Government — 24th August 2009

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

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 either of the relevant Schedules to the Codes referred to in regulation 2(b), then the 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 2008. 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 nfo@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 Schedules annexed to the ANUK/Unipol Code and 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.

Footnotes

[^f00001]: 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.

[^f00002]: 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).

[^f00003]: 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).

[^f00004]: S.I. 2008/2346.