Higher Education Act 2004

42 Effect of bankruptcy

(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.