Paragraph 6
England, Wales and Scotland
Where, after the date of sequestration of a person’s estate, he receives, or is entitled to receive, sums by way of F1public sector student loan or subsidised private sector student loan pursuant to an agreement entered into by him before or after that date—
the sheriff shall not, in fixing an amount under subsection (2) of section 32 of the M1Bankruptcy (Scotland) Act 1985, treat the sums as income of the person;
for the purposes of subsection (6) of that section the sums shall not be treated as estate vesting in, or requiring to be conveyed or delivered to, the person’s permanent trustee; and
any debt or liability to which the person is, or may become, subject in respect of the sums shall not be treated as a debt or liability—
for the purposes of the sequestration (or of any offer of composition to the permanent trustee); or
from which the person is discharged, on the expiry of a period after the date of sequestration, under or by virtue of section 54 or 75(4) of that Act (or on an order being made under paragraph 11 of Schedule 4 to that Act as respects him and the permanent trustee).
Annotations
Textual amendments
- F1
Words in Sch. 2 para. 6 substituted (29.4.1996) by 1996 c. 9, s. 1(2), Sch. para. 3(7)
Marginal citations
- M1
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Act repealed (13.8.1998 subject to savings as mentioned in arts. 2, 3 of the commencing S.I.) by 1998 c. 30, s. 44(2), Sch. 4 (with s. 42(8)); S.I. 1998/2004, arts. 2, 3;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Act repealed (13.8.1998 subject to savings as mentioned in arts. 2, 3 of the commencing S.I.) by 1998 c. 30, s. 44(2), Sch. 4 (with s. 42(8)); S.I. 1998/2004, arts. 2, 3;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