OpenLegislation

Paragraph 5

England, Wales and Scotland

(1)

There shall not be treated as part of a bankrupt’s estate or claimed for his estate under section 307 or 310 of the M1Insolvency Act 1986 any sums to which this paragraph applies and which he receives or is entitled to receive after the commencement of the bankruptcy.

(2)

No debt or liability to which a bankrupt is or may become subject in respect of any such sum shall be included in his bankruptcy debts.

(3)

This paragraph applies to any sum by way of F1public sector student loan or subsidised private sector student loan payable to the bankrupt pursuant to an agreement entered into by him before or after the commencement of the bankruptcy.

Annotations

Textual amendments

F1

Words in Sch. 2 para. 5(3) substituted (29.4.1996) by 1996 c. 9, s. 1(2), Sch. para. 3(7)

Marginal citations

M1

1986 c. 45.

Notes on the whole Act

Textual amendments

F1

Act repealed (13.8.1998 subject to savings as mentioned in arts. 2, 3 of the commencing S.I.) by 1998 c. 30, s. 44(2), Sch. 4 (with s. 42(8)); S.I. 1998/2004, arts. 2, 3; and Act amended (1.3.2000) by 1998 c. 29, s. 74(1), Sch. 15 para. 10; S.I. 2000/183, art. 2; and further amended (1.4.2001) by 2000 c. 21, ss. 151(3), Sch. 10 Pt. IV para. 18(2); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); and further amended (1.7.2004) by Higher Education Act 2004 (c. 8), s. 42(3)-(5), 52(1); and further amended (S.) (1.4.2008) by Bankruptcy and Diligence Act 2007 (asp 3), s. 34(2)(a)(b); and further amended (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 258(1), 269(4); S.I. 2009/3317, art. 2, Sch.; and further amended (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 4 para. 5(1)(2)(e)

Notes on Schedule 2

Textual amendments

F1

Act repealed (13.8.1998 subject to savings as mentioned in arts. 2, 3 of the commencing S.I.) by 1998 c. 30, s. 44(2), Sch. 4 (with s. 42(8)); S.I. 1998/2004, arts. 2, 3; and Act amended (1.3.2000) by 1998 c. 29, s. 74(1), Sch. 15 para. 10; S.I. 2000/183, art. 2; and further amended (1.4.2001) by 2000 c. 21, ss. 151(3), Sch. 10 Pt. IV para. 18(2); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); and further amended (1.7.2004) by Higher Education Act 2004 (c. 8), s. 42(3)-(5), 52(1); and further amended (S.) (1.4.2008) by Bankruptcy and Diligence Act 2007 (asp 3), s. 34(2)(a)(b)

Modifications

C1

Sch. 2 amended(prosp.) by 1998 c. 29, ss. 74(1), 75(2)(3), Sch. 15 para.10