Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 November 2009, amend the Education (Hostels) Regulations 2005 (the principal regulations).

Regulation 4 amends regulation 11 of the principal regulations, which relates to information required to apply for a licence for a hostel. Currently, regulation 11 requires the owner applying for the licence to explain how and why the owner is a fit and proper person to hold a licence. The amendment provides that if the owner is a board of trustees, it is not required to provide that explanation.

Regulation 5 amends regulation 13 of the principal regulations, which sets out some matters that are relevant to whether an owner is a fit and proper person to hold a licence. Currently, one of these matters is whether the owner has any history of mental illness or serious behavioural problems. This criterion is revoked and replaced by criteria of whether the owner has relevant health problems or is the subject of property or personal orders under the Protection of Personal and Property Rights Act 1988.

Regulation 6 amends regulation 15 of the principal regulations, which relates to the granting and renewal of licences by the licensing authority. The authority must be satisfied that the owner is a fit and proper person. The amendment provides that if the owner is a board of trustees this requirement does not apply.

Regulation 7 amends regulation 27 of the principal regulations, which requires the holder of a licence that is a body corporate to give notice to the licensing authority of new directors or persons concerned in the management of the licensee. The licensee is required to explain how and why it remains a fit and proper person taking into account all relevant matters in relation to the new directors or persons. The amendment provides that this requirement does not apply if the licensee is a board of trustees.

Regulation 8 amends regulation 61 of the principal regulations, which relates to the owner's obligations regarding supervision, staffing, and security. The amendment relates to an owner, or directors of, or persons concerned in, the management of the owner, who has, or have, regular access to the hostel or unsupervised contact with boarders. The owner, director, or person must request a Police vet of himself or herself and provided it to the licensing authority.

Regulation 9 amends regulation 68 of the principal regulations, which relates to the procedure for resolving complaints. It requires the owner to ensure that a complainant is informed of relevant internal complaints procedures and given a copy of these on request.