The Education (Student Loans) (Repayment) (Amendment) Regulations 2010

Amendment of the Education (Student Loans) (Repayment) Regulations 2009

8.  In regulation 80—

(a) in paragraph (2)(a)—

(i) for “section 307 or 310” substitute “section 307, 310 or 310A(1)”;

(ii) after “before or after the commencement of the bankruptcy;” omit “and”.

(b) After paragraph (2)(b) insert—

“(c) any sum payable to an eligible student by way of student 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(2) 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 student loan will not be included in that person’s individual voluntary arrangement when that person receives or is entitled to receive that sum—

(i) in the case of an individual voluntary arrangement approved before 6 April 2010, after the approval of that arrangement; or

(ii) in the case of an individual voluntary arrangement approved on or after 6 April 2010, before or after the approval of that arrangement.”.

(c) in paragraph (3)(a)—

(i) for “Article 280 or 283”, substitute “Article 280, 283 or 283A(3)”;

(ii) after “before or after the commencement of the bankruptcy;” omit “and”.

(d) after paragraph (3)(b) insert—

“(c) any sum payable to an eligible student by way of a student 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(4) 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 student loan will not be included in that person’s individual voluntary arrangement when that person receives or is entitled to receive that sum—

(i) in the case of an individual voluntary arrangement approved before 6 April 2010, after the approval of the arrangement; or

(ii) in the case of an individual voluntary arrangement approved on or after 6 April 2010, before or after the approval of the arrangement.”.

(1)

Section 310A was inserted into the Insolvency Act 1986 (c.45) by the Enterprise Act 2002 (c.40) section 260.

(2)

1986 c.45. Section 258 was amended by the Insolvency Act 2000 section 3 and Schedule 3. Section 263B was inserted by the Enterprise Act 2002 section 264 and Schedule 22.

(3)

Article 283A was inserted into the Insolvency (Northern Ireland) Order 1989 S.I. 1989/2405 (N.I. 19) by the Insolvency (Northern Ireland) Order 2005 S.I. 2005/1455 (N.I. 10) Article 16.

(4)

S.I. 1989/2405 (N.I.19); Article 232 was amended the Insolvency (Northern Ireland) Order 2002 (S.I. 2002/3153 (N.I. 6)) Article 5 and Schedule 3. Article 237D was inserted by the Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)) Article 21 and Schedule 7.