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Statutory Instruments

2007 No. 2601

housing, ENGLAND

The Houses in Multiple Occupation (Specified Educational Establishments) (England) (No. 2) Regulations 2007

Made

5th September 2007

Laid before Parliament

10th September 2007

Coming into force

1st October 2007

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) (No. 2) Regulations 2007 and shall come into force on 1st October 2007.

(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 22nd August 2007 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 22nd August 2007 in the second column of Schedule 1 annexed to the Accreditation Network UK/Unipol Code of Standards for Larger Developments for Student Accommodation Managed and Controlled by Educational Establishments dated 20th February 2006(3).

Revocation of earlier Regulations

3.  The Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2007(4) are revoked.

Signed by authority of the Secretary of State

For Communities and Local Government

Iain Wright

Parliamentary Under Secretary of State

Department for Communities and Local Government

5th September 2007

Regulation 2(a)

SCHEDULEEducational establishments specified 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”) describes 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 by 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 Schedule 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 and re-enact the Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2007, and specify additional educational establishments that were not listed in the Schedule to those Regulations.

A copy of the Universities UK/Standing Conference of Principals Code of Practice and the Schedule annexed to it may be obtained from Universities UK, Woburn House, 20 Tavistock Square, London WC1H 9HQ, e-mail info@universitiesuk.ac.uk, or via the internet at www.universities UK.ac.uk.

A copy of the Accreditation Network UK/Unipol Code of Standards and the annexes annexed to it may be obtained from The National Administrator, National Codes of Standards, 155-157 Woodhouse Lane, Leeds LS2 3ED, e-mail nationalcode@unipol.leeds.ac.uk or nationalcode@anuk.org.uk, or via the internet at www.unipol.org.uk or www.anuk.org.uk/Large Code/.

A copy of each Code and the Schedules annexed to those codes, updated to 22nd August, have been lodged in the libraries of both Houses of Parliament.

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

(1)

2004 c. 34. The powers conferred by paragraph 4(2) of Schedule 14 of 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 (SI 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 Codes of Management Practice) (Student Accommodation) (England) Order 2006 (SI 2006/646).