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United Kingdom Statutory Instruments


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URL: http://www.bailii.org/uk/legis/num_reg/2009/uksi_20092298_en_1.html

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The Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2009

Made

24th August 2009

Laid before Parliament

1st September 2009

Coming into force

1st October 2009

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) Regulations 2009 and shall come into force on 1st October 2009.

(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 3rd July 2009 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 30th April 2009 in the second column of Schedule 1 of Appendix VII to the ANUK/Unipol Code of Standards for Larger Developments for Student Accommodation Managed and Controlled by Educational Establishments dated 28th August 2008(3).

Revocation of earlier Regulations

3. The Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2008(4) are revoked.

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

Bill McKenzie

Parliamentary Under Secretary of State

Department for Communities and Local Government

24th August 2009

Regulation 2(a)

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

Anglia Ruskin University

Aston University

Balliol College, University of Oxford

Bath Spa University

Birmingham City University

Bishop Grosseteste University College

Blackfriars Hall, University of Oxford

Blackpool and Fylde College

Bournemouth University

Bradford University

Brasenose College, University of Oxford

Brunel University

Buckinghamshire New University

Campion Hall, University of Oxford

Canterbury Christ Church University

Castle College, Nottingham

Chichester College

Christ Church, University of Oxford

City University London

Corpus Christi College, University of Oxford

Coventry University

Cranfield University

David Game College

De Montfort University

Edge Hill University

Exeter College, University of Oxford

Foundation for International Education

Goldsmiths, University of London

Green Templeton College, University of Oxford

Harper Adams University College

Harris Manchester College, University of Oxford

Hertford College, University of Oxford

Hillcroft College

Imperial College London

Institute of Education, University of London

Jesus College, University of Oxford

Keble College, University of Oxford

Keele University

Kellogg College, University of Oxford

King´s College London

Kingston University

Lady Margaret Hall, University of Oxford

Lancaster University

Leeds Metropolitan University

Leeds Trinity & All Saints

Linacre College, University of Oxford

Lincoln College, University of Oxford

Liverpool Hope University

Liverpool John Moores University

London South Bank University

Loughborough College

Loughborough University

Magdalen College, University of Oxford

Manchester Metropolitan University

Mansfield College, University of Oxford

Merton College, University of Oxford

New College, University of Oxford

Newman University College, Birmingham

Norwich University College of the Arts

Northumbria University

Nottingham Trent University

Nuffield College, University of Oxford

Oriel College, University of Oxford

Oxford Brookes University

Pembroke College, University of Oxford

Queen Mary (University of London)

Regent´s Park College, University of Oxford

Richmond, The American International University in London

Roehampton University

Royal Agricultural College

Royal College of Music

Royal Holloway, University of London

Ruskin College, Oxford

Scholarship and Christianity in Oxford

Sheffield Hallam University

Somerville College, University of Oxford

Southampton Solent University

St Anne´s College, University of Oxford

St Antony´s College, University of Oxford

St Benet´s Hall, University of Oxford

St Catherine´s College, University of Oxford

St Chad´s College, University of Durham

St Cross College, University of Oxford

St Edmund´s College, University of Cambridge

St Edmund Hall, University of Oxford

St George´s, University of London

St Hilda´s College, University of Oxford

St Hugh´s College, University of Oxford

St John´s College, Durham

St John´s College, University of Oxford

St Mary´s University College, Twickenham

St Peter´s College, University of Oxford

St Stephen´s House, University of Oxford

Staffordshire University

Stanfords College UK

Thames Valley University

The Arts Institute at Bournemouth

The Guildhall School of Music and Drama

The London School of Economics and Political Science (University of London)

The Queen´s College, University of Oxford

The Royal Veterinary College

The University of Bolton

The University of Hull

The University of Liverpool

The University of Manchester

The University of Northampton

The University of Nottingham

The University of Reading

The University of Salford

The University of Sheffield

The University of Surrey

The University of Warwick

The University of Winchester

The University of York

Trinity College, University of Oxford

University College Birmingham

University College for the Creative Arts

University College London

University College, Falmouth

University College Plymouth St Mark & St John

University College, University of Oxford

University of Bath

University of Bedfordshire

University of Birmingham

University of Brighton

University of Bristol

University of Buckingham

University of Central Lancashire

University of Chester

University of Chichester

University of Cumbria

University of Derby

University of Durham

University of East Anglia

University of East London

University of Essex

University of Exeter

University of Gloucester

University of Greenwich

University of Hertfordshire

University of Kent

University of Leeds

University of Leicester

University of Lincoln

University of London

University of Newcastle

University of Oxford

University of Plymouth

University of Portsmouth

University of Southampton

University of Sunderland

University of Sussex

University of Teesside

University of the Arts London

University of the West of England, Bristol

University of Westminster

University of Wolverhampton

University of Worcester

Wadham College, University of Oxford

Wolfson College, University of Oxford

Worcester College, University of Oxford

Writtle College

Wycliffe Hall, University of Oxford

York St John University

EXPLANATORY NOTE

(This note is not part of the Regulations)

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 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 either of the relevant Schedules 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 the Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2008. They replace the list of establishments that were listed in the Schedule to those Regulations.

A copy of the Universities UK/Standing Conference of Principals Code of Practice dated 20th February 2006 and the Schedule annexed to it may be obtained from Universities UK, Woburn House, 20 Tavistock Square, London WC1H 9HQ, by emailing [email protected] or via the internet at www.universitiesUK.ac.uk.

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 appendices attached to it may 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 emailing [email protected] or via the internet at www.unipol.leeds.ac.uk or www.anuk.org.uk.

Copies of the updated Schedules annexed to the ANUK/Unipol Code and the Universities UK Code 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 sectors 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, 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. Back [1]

(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 (S.I. 2006/646). Back [2]

(3)

This Code of Practice has been approved by the Secretary of State under section 233 of the Act. See the Housing (Approval of Code of Management Practice) (Student Accommodation) (England) (Order) 2008 (S.I. 2008/2345). Back [3]

(4)

S.I. 2008/2346. Back [4]



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