Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Education (Student Support) (No. 2) Regulations 2002 (the “2002 Regulations”). The 2002 Regulations provide for support for students taking designated higher education courses.

Regulation 4 amends regulation 27 of the 2002 Regulations (as amended by the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 2) Regulations 2004) so that it is a condition of eligibility for a grant for fees in respect of a part-time course that a student undertakes the course in England and Wales.

Regulation 5 amends regulation 39 of the 2002 Regulations to provide that in the event of bankruptcies arising on or after 1st September 2004, any debt arising from student loan is protected from the effects of proceedings under the Insolvency Act 1986, irrespective of when that debt arose. Previously, only debt in respect of sums received by way of student loan after the commencement of bankruptcy proceedings was protected from the effects of such proceedings.