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5.—(1) Any building—
(a)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
(b)where the person managing or having control of it is the educational establishment in question or a specified person or a person of a specified description.
(2) In sub-paragraph (1) “specified” means specified for the purposes of this paragraph in regulations made by the Department.
(3) Sub-paragraph (4) applies in connection with any decision by the Department as to whether to make, or revoke, any regulations specifying—
(a)a particular educational establishment, or
(b)a particular description of educational establishments.
(4) The Department may have regard to the extent to which, in its opinion—
(a)the management by or on behalf of the establishment in question of any building or buildings occupied for connected educational purposes is in conformity with any code of practice approved under section 63, or
(b)the management of such buildings by or on behalf of establishments of the description in question is in general in conformity with any such code of practice.
(5) In sub-paragraph (4) “occupied for connected educational purposes”, in relation to a building managed by or on behalf of an educational establishment, means occupied solely or principally by persons who occupy it for the purpose of undertaking a full-time course of further or higher education at the establishment.
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