# The Education (Treatment of Student Loans on Sequestration) (Scotland) Regulations 2010

S.S.I. 2010/300 · made 16 August 2010

These Regulations amend the Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006 and the Education (Student Loans) (Scotland) Regulations 2007 so that the insolvency provisions in those Regulations also apply to student loans paid or payable before or on the date that the debtor’s estate is sequestrated.

Made under: Education (Scotland) Act 1980 (Section 73, Section 73B)

PDFs: Printed copy https://openlegislation.uk/education-treatment-of-student-loans-on-sequestration-scotland-regulations-2010/pdf/ssi_20100300_en.pdf; Executive Note https://openlegislation.uk/education-treatment-of-student-loans-on-sequestration-scotland-regulations-2010/pdf/ssien_20100300_en.pdf

## Introductory text

Education
Made 16th August 2010
Laid before the Scottish Parliament 19th August 2010
Coming into force 27th September 2010
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 73(f) and 73B(12) of the Education (Scotland) Act 1980 and all other powers enabling them to do so.

## 1 Citation and commencement

These Regulations may be cited as the Education (Treatment of Student Loans on Sequestration) (Scotland) Regulations 2010 and come into force on 27th September 2010.

## 2 Amendment of the Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006

In regulation 12 (insolvency) of the Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006 after “Where” insert “, before, on or”.

## 3 Amendment of the Education (Student Loans) (Scotland) Regulations 2007

In regulation 15 (insolvency) of the Education (Student Loans) (Scotland) Regulations 2007 after “Where” insert “, before, on or”.

## Signature

MICHAEL W RUSSELL
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
16th August 2010

## Explanatory note

(This note is not part of the Regulations)
These Regulations amend the Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006 and the Education (Student Loans) (Scotland) Regulations 2007 so that the insolvency provisions in those Regulations also apply to student loans paid or payable before or on the date that the debtor’s estate is sequestrated.
This means that such loans will not form part of the debtor’s estate and cannot, therefore, be claimed by the debtor’s trustee. The debtor will also not be discharged from the liability to repay such loans under or by virtue of section 54 or 75(4) of the Bankruptcy (Scotland) Act 1985 (c.66).

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Source: https://www.legislation.gov.uk/ssi/2010/300 (the official version)
Page: https://openlegislation.uk/education-treatment-of-student-loans-on-sequestration-scotland-regulations-2010
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.