http://www.legislation.gov.uk/id/wsi/2006/1715

http://www.legislation.gov.uk/wsi/2006/1715/regulation/5/made

The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (Wales) Regulations 2006

Immigration and nationality

Houses in multiple occupation

Refugees and asylum seekers

Fostering

King's Printer of Acts of Parliament

2014-03-25

HOUSING, WALES

These Regulations make provision in respect of a number of miscellaneous matters relating to provisions of the Housing Act 2004 (“the Act.”). These are: Part 2 (licensing of HMOs), Part 3 (selective licensing), Chapters 1 and 2 of Part 4 (management orders) and section 254 (meaning of HMO) of the Act. They—specify the circumstances when persons are to be regarded as forming a single household for the purposes of deciding whether a building is an HMO within any of the descriptions in section 254 of the Act (regulations 3 and 4);provide that migrant workers, seasonal workers and asylum seekers are to be treated as occupying certain premises as their only or main residence (regulation 5);specify a description of buildings that are not HMOs for the purposes of the Act (excluding Part 1) (regulation 6 and Schedule 1);make provision about applications for licences under Part 2 or 3 of the Act, including the information that must be supplied with an application (regulation 7 and Schedule 2);specify the standards to be applied when determining the suitability of a house for multiple occupation for licensing under Part 2 of the Act (regulation 8 and Schedule 3);specify the manner in which designations of areas under Part 2 or 3 of the Act, and revocations of such designations, must be published (regulations 9 and 10); andspecify the information that must be contained in registers held by local housing authorities of licences granted under Part 2 or 3, of temporary exemption notices that exempt a house from licensing and of management orders (regulations 11, 12 and 13).

The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (Wales) Regulations 2006

Rheoliadau Trwyddedu a Rheoli Tai Amlfeddiannaeth a Thai Eraill (Darpariaethau Amrywiol) (Cymru) 2006

reg. 5(2)(a)

The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020

reg. 70(2)(b)(i)

reg. 1(2)

The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (Wales) Regulations 2006

Rheoliadau Trwyddedu a Rheoli Tai Amlfeddiannaeth a Thai Eraill (Darpariaethau Amrywiol) (Cymru) 2006

reg. 5(2)(ab)

The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020

reg. 70(2)(b)(ii)

reg. 1(2)

The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (Wales) Regulations 2006

Rheoliadau Trwyddedu a Rheoli Tai Amlfeddiannaeth a Thai Eraill (Darpariaethau Amrywiol) (Cymru) 2006

reg. 5(2)(b)

The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020

reg. 70(2)(b)(iii)

reg. 1(2)

Persons treated as occupying premises as their only or main residence for the purposes of section 254 of the Act5

1

A person is to be treated as occupying a building or part of a building as that person’s only or main residence for the purposes of section 254 of the Act if the person is—

a

a migrant worker or a seasonal worker—

i

whose occupation of the building or part is made partly in consideration of the person’s employment within the United Kingdom, whether or not other charges are payable in respect of that occupation; and

ii

where the building or part is provided by, or on behalf of, the person’s employer or an agent or employee of the person’s employer; or

b

an asylum seeker or a dependent of an asylum seeker who has been provided with accommodation under section 95 of the Immigration and Asylum Act 19997 and which is funded partly or wholly by the National Asylum Support Service8.

2

In this regulation—

a

“a migrant worker” (“gweithiwr mudol”) is—

i

a person who is a national of a member State of the European Economic Area or Switzerland who has taken up an activity as an employed person in the United Kingdom under Council Regulation (EEC) No 1612/68 on Freedom of Movement for Workers Within the Community9, as extended by the EEA Agreement or the Switzerland Agreement; or

ii

any person who has a permit indicating, in accordance with the immigration rules, that a person named in it is eligible, though not a British citizen, for entry into the United Kingdom for the purpose of taking employment;

b

“EEA Agreement” (“Cytundeb AEE”) means the agreement on the European Economic Area signed at Oporto on 2 May 1992, as adjusted by the Protocol signed at Brussels on 17 March 1993;

c

“Switzerland Agreement” (“Cytundeb y Swisdir”) means the agreement between the European Community and its Member States of the one part and the Swiss Confederation of the other on the Free Movement of Persons signed at Luxembourg on 21 June 1999 and which came into force on 1 June 2002;

d

“seasonal worker” (“gweithiwr tymhorol”) means a person who carries out for an employer or undertakes employment of a seasonal character—

i

the nature of which depends on the cycle of the seasons and recurs automatically each year; and

ii

the duration of which does not exceed eight months;

e

“immigration rules” (“rheolau mewnfudo”) means the rules for the time being laid down as mentioned in section 3(2) of the Immigration Act 197110; and

f

“asylum seeker” (“ceisiwr lloches”) has the meaning given to that expression in section 94 of the Immigration and Asylum Act 1999.