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Statutory Instruments

2019 No. 904

Housing, England

The Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2019

Made

1st May 2019

Laid before Parliament

7th May 2019

Coming into force

1st June 2019

The Secretary of State makes the following regulations in exercise of the powers conferred by section 250(2) of and paragraph 4(2) of Schedule 14 to the Housing Act 2004(1).

Citation, commencement and application

1.—(1) These Regulations may be cited as the Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2019 and come into force on 1st June 2019.

(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 purpose of paragraph 4 of Schedule 14 to the Housing Act 2004 (buildings occupied by students) where—

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

(b)it is a member of—

(i)the ANUK/Unipol Code of Standards for Larger Developments for Student Accommodation Managed and Controlled by Educational Establishments dated 1st May 2019(2); or

(ii)the Universities UK/Guild HE Code of Practice for the Management of Student Housing dated 1st May 2019(3).

Revocation

3.  The Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2016(4) are revoked.

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

Heather Wheeler

Parliamentary Under Secretary of State

Ministry for Housing, Communities and Local Government

1st May 2019

Regulation 2

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”) lists types of building 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 and the Schedule to these Regulations specify educational establishments. Where a building is managed or controlled by an educational establishment which is listed in the Schedule to these Regulations and that educational establishment is a member of either code 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 2016 (SI 2016/420). They replace the list of educational establishments that appeared in the Schedule to those earlier Regulations.

Copies of the codes of practice referred to 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.

(1)

2004 c.34. The powers conferred by paragraph 4(2) of Schedule 14 to the Housing Act 2004 (“the Act”) are exercisable, in England by the Secretary of State. For the definition of appropriate national authority see section 261(1) of the Act.

(2)

This code of practice has been approved by the Secretary of State under section 233 of the Act. See S.I. 2019/884. A copy of this code can be obtained from The National Codes Administrator, 155-157 Woodhouse Lane, Leeds, LS2 3ED, email NationalCodes@unipol.org.uk or online at www.nationalcode.org or www.anuk.org.uk. A copy of this code has been lodged in the libraries of both Houses of Parliament.

(3)

This code of practice has been approved by the Secretary of State under section 233 of the Act. See S.I. 2019/884.A copy of this code can be obtained from Universities UK, Woburn House, 20 Tavistock Square, London, WC1H 9HQ, email info@universitiesuk.ac.uk or online at www.universitiesuk.ac.uk. A copy of this code has been lodged in the libraries of both Houses of Parliament.