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Higher Education Act 2004
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- UK Public General Acts
- 2004 c. 8
- Part 4
- Section 42
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Higher Education Act 2004, Section 42 is up to date with all changes known to be in force on or before 24 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 11(1) s. 11 renumbered as s. 11(1) by 2022 asc 1 s. 128(2)(a)
- s. 11(1)(a) words substituted by 2022 asc 1 Sch. 4 para. 16(2)
- s. 11(2)-(5) inserted by 2022 asc 1 s. 128(2)(b)
- s. 12(2A) inserted by 2022 asc 1 s. 128(3)(a)
- Sch. 2 para. 3(2)(d) inserted by 2023 c. 16 Sch. para. 19
42Effect of bankruptcyE+W+N.I.
This section has no associated Explanatory Notes
(1)In section 22 of the 1998 Act (arrangements for giving financial support to students), after subsection (3)(e) insert—
“(f)with respect to the effect of bankruptcy upon a borrower’s liability to make repayments in respect of such a loan (whether the repayments relate to sums which the borrower receives, or is entitled to receive, before or after the commencement of the bankruptcy).”
(2)In section 46(8) of the 1998 Act (provisions that extend to Northern Ireland), in the entry relating to section 22 for “(3)(e)” substitute “ (3)(e) or (f) ”.
(3)Subsection (4) has effect in relation to the Education (Student Loans) Act 1990 (c. 6) to the extent that it continues in force by virtue of any savings made, in connection with its repeal by the 1998 Act, by an order under section 46(4) of the 1998 Act.
(4)Schedule 2 to the Education (Student Loans) Act 1990 (loans for students) is to have effect as if in paragraph 5(2) (liabilities relating to student loans not to be included in bankruptcy debts) the reference to “any such sum” were a reference to “any sums to which this paragraph applies”.
(5)Nothing in this section affects any bankruptcy commencing before this section comes into force.
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