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Regulation 80 Effect of borrower insolvency ...F19I1

United Kingdom

(1)

In this Part, “eligible student” means any person who is an eligible student—

(a)

in England, for the purposes of the Education (Student Support) (No 2) Regulations 2008 or any subsequent Regulations made under section 22 of the 1998 Act;

(b)

in Wales, for the purposes of the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2008 or any subsequent Regulations made under section 22 of the 1998 Act; or

(c)

In Northern Ireland, for the purposes of the Education (Student Support) Regulations (Northern Ireland) 2008f1 or any subsequent Regulations made under the Education (Student Support) (Northern Ireland) Order 1998.

(2)

In England and Wales—

(a)

any sum payable to an eligible student by way of a F1plan 1, 2, 3, or 5 loan which the eligible student receives or is entitled to receive after the commencement of that person’s bankruptcy, will not be treated as part of the bankrupt’s estate or claimed for the bankrupt’s estate under F2section 307, 310 or 310A of the Insolvency Act 1986f2, whether the entitlement arises before or after the commencement of the bankruptcy; F3...

(b)

any debt or liability to which that person is or may become subject in respect of any sum payable to an eligible student by way of a F4plan 1, 2, 3, or 5 loan will not be included in that person’s bankruptcy debts F5....

F6(c)

any sum payable to an eligible student by way of F7a plan 1, 2, 3, or 5 loan which the eligible student receives or is entitled to receive before or after the approval of that person’s individual voluntary arrangement under Part 8 of the Insolvency Act 1986 will not be treated as part of any arrangement approved under section 258 or 263D of that Act, whether the entitlement arises before or after the approval of the arrangement; and

(d)

any debt or liability to which that person is or may become subject in respect of any sum payable to an eligible student by way of F8a plan 1, 2, 3, or 5 loan will not be included in that person’s individual voluntary arrangement F9....

(3)

In Northern Ireland—

(a)

any sum payable to an eligible student by way of a F10plan 1, 2, 3, or 5 loan which the eligible student receives or is entitled to receive after the commencement of that person’s bankruptcy, will not be treated as part of the bankrupt’s estate or claimed for the bankrupt’s estate under F11Article 280, 283 or 283A of the Insolvency (Northern Ireland) Order 1989f3, whether the entitlement arises before or after the commencement of the bankruptcy; F12...

(b)

any debt or liability to which that person is or may become subject in respect of any sum payable to an eligible student by way of a F13plan 1, 2, 3, or 5 loan will not be included in that person’s bankruptcy debts F14....

(F15c)

any sum payable to an eligible student by way of a F16plan 1, 2, 3, or 5 loan which the eligible student receives or is entitled to receive before or after the approval of that person’s individual voluntary arrangement under Part 8 of the Insolvency (Northern Ireland) Order 1989 will not be treated as part of the individual voluntary arrangement approved under articles 232 or 237D of that Order, whether the entitlement arises before or after the approval of the arrangement; and

(d)

any debt or liability to which that person is or may become subject in respect of any sum payable to an eligible student by way of a F17plan 1, 2, 3, or 5 loan will not be included in that person’s individual voluntary arrangement F18....

Annotations

Textual amendments

F1

Words in reg. 80(2)(a) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 64(2)(a)

F2

Words in reg. 80(2)(a) substituted (6.4.2010) by The Education (Student Loans) (Repayment) (Amendment) Regulations 2010 (S.I. 2010/661), regs. 1(1), 8(a)(i)

F3

Word in reg. 80(2)(a) omitted (6.4.2010) by virtue of The Education (Student Loans) (Repayment) (Amendment) Regulations 2010 (S.I. 2010/661), regs. 1(1), 8(a)(ii)

F4

Words in reg. 80(2)(b) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 64(2)(b)(i)

F5

Words in reg. 80(2)(b) omitted (6.4.2023) by virtue of The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 64(2)(b)(ii)

F6

Reg. 80(2)(c)(d) inserted (6.4.2010) by The Education (Student Loans) (Repayment) (Amendment) Regulations 2010 (S.I. 2010/661), regs. 1(1), 8(b)

F7

Words in reg. 80(2)(c) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 64(2)(c)

F8

Words in reg. 80(2)(d) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 64(2)(d)(i)

F9

Words in reg. 80(2)(d) omitted (6.4.2023) by virtue of The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 64(2)(d)(ii)

F10

Words in reg. 80(3)(a) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 64(3)(a)

F11

Words in reg. 80(3)(a) substituted (6.4.2010) by The Education (Student Loans) (Repayment) (Amendment) Regulations 2010 (S.I. 2010/661), regs. 1(1), 8(c)(i)

F12

Word in reg. 80(3)(a) omitted (6.4.2010) by virtue of The Education (Student Loans) (Repayment) (Amendment) Regulations 2010 (S.I. 2010/661), regs. 1(1), 8(c)(ii)

F13

Words in reg. 80(3)(b) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 64(3)(b)(i)

F14

Words in reg. 80(3)(b) omitted (6.4.2023) by virtue of The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 64(3)(b)(ii)

F15

Reg. 80(3)(c)(d) inserted (6.4.2010) by The Education (Student Loans) (Repayment) (Amendment) Regulations 2010 (S.I. 2010/661), regs. 1(1), 8(d)

F16

Words in reg. 80(3)(c) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 64(3)(c)

F17

Words in reg. 80(3)(d) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 64(3)(d)(i)

F18

Words in reg. 80(3)(d) omitted (6.4.2023) by virtue of The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 64(3)(d)(ii)

F19

Words in reg. 80 heading omitted (6.4.2023) by virtue of The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 64(1)

Commencement

I1

Reg. 80 in force at 1.9.2009, see reg. 1(2)

Footnotes

f1

SR. 2008/250

f2

1986 c.45; section 307 was amended by the Enterprise Act 2002 (c.40), section 261. Section 310 was amended by the Pensions Act 1995 (c. 26), section 122 and Schedule 3, paragraph 15, the Welfare Reform and Pensions Act 1999 (c.30) section 18 and Schedule 2, paragraph 2 and the Enterprise Act 2002, sections 259 and 278 and Schedule 26.

f3

SI 1989/2405 (NI. 19); Article 280 was amended by the Insolvency (Northern Ireland) Order 2005 (SI 2005/1455 (NI. 10)). Article 283 was amended by the Pensions (Northern Ireland) Order 1995 (SI 1995/3213 (NI. 22)) Schedule 1, paragraph 11, the Welfare Reform and Pensions (Northern Ireland) Order 1999 (SI 1999/3147 (NI. 11)) and the Insolvency (Northern Ireland) Order 2005 Articles 15 and 31 and Schedule 9.

Notes on Part 6

Textual amendments

F1

Words in Pt. 6 heading inserted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 63