The Houses in Multiple Occupation (Specified Educational Establishments) (England) (No. 2) Regulations 2010

Type Statutory-Instrument
Publication 2010-10-28
State In force
Department Queen's Printer of Acts of Parliament
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Made: 28th October 2010

Laid before Parliament: 4th November 2010

Coming into force: 25th November 2010

The Secretary of State makes the following Regulations in exercise of the powers conferred by paragraph 4(2) of Schedule 14 to the Housing Act 2004[^f00001]:

Citation, commencement and application

1

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 (buildings occupied by students) where—

Revocation of earlier Regulations

3

The Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2010[^f00004] are revoked.

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

Signed

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

Andrew Stunell — Parliamentary Under Secretary of State — Department for Communities and Local Government — 28th October 2010

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 refers to any building which is occupied solely or principally by persons who occupy it for the purpose of undertaking a full time course of further or higher education at a specified educational establishment, or at an educational establishment of a specified description; and where the person managing or controlling the building is the educational establishment in question, or a specified person or a person of a specified description.

Regulation 2 of and the Schedule to these Regulations specify educational establishments. Where a building is owned and managed by a specified educational establishment and the building is listed in either of the relevant Schedules annexed to the codes of practice, 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 2010. They replace the list of educational establishments that were listed in the Schedule to those earlier Regulations.

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 Schedule to Appendix VII dated 14th May 2010 which is annexed to that code of practice, can 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 e-mailing info@unipol.leeds.ac.uk or via the internet at www.unipol.leeds.ac.uk or www.anuk.org.uk.

A copy of the Universities UK/Guild HE Code of Practice for the Management of Student Housing dated 17th August 2010, and the Schedule which is annexed to that code of practice, can be obtained from Universities UK, Woburn House, 20 Tavistock Square, London, WC1H 9HQ, by e-mailing info@universities.ac.uk or via the internet at www.universitiesUK.ac.uk.

Copies of the codes of practice and the Schedules annexed to them, as referred to above, 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 sector 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) of the Act. As respects Wales, by virtue of paragraphs 30 and 32 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. SeeS.I. 2008/2345, which is revoked by S.I. 2010/2615 but with savings for this code of practice.

[^f00003]: This code of practice has been approved by the Secretary of State under section 233 of the Act. See S.I. 2010/2615.

[^f00004]: S.I. 2010/607.

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