2010 No. 300

Education

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

Made

Laid before the Scottish Parliament

Coming into force

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 19801 and all other powers enabling them to do so.

Citation and commencement1

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.

Amendment of the Education (Student Loans for Tuition Fees) (Scotland) Regulations 20062

In regulation 12 (insolvency) of the Education (Student Loans for Tuition Fees) (Scotland) Regulations 20062 after “Where” insert “, before, on or”.

Amendment of the Education (Student Loans) (Scotland) Regulations 20073

In regulation 15 (insolvency) of the Education (Student Loans) (Scotland) Regulations 20073 after “Where” insert “, before, on or”.

MICHAEL W RUSSELLA member of the Scottish ExecutiveSt Andrew’s House,Edinburgh
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).