The Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 3) Regulations 2004

• Citation: S.I. 2004/2041
• Sections: 5

Section 1 Citation, commencement and interpretation

These Regulations may be cited as the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 3) Regulations 2004 and shall come into force on 1st September 2004.

Section 2 Citation, commencement and interpretation

In these Regulations–

“the 2002 Regulations ” means the Education (Student Support) (No. 2) Regulations 2002 ; and

“the 2004 Regulations ” means the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 2) Regulations 2004 .

Section 3 Amendment of the 2002 Regulations

The 2002 Regulations shall be amended as follows.

Section 4 Amendment of the 2002 Regulations

In regulation 27 of the 2002 Regulations, there shall be substituted for paragraph (3) (as substituted by regulation 6 of the 2004 Regulations) the following–

(3) A person shall not be eligible for assistance under regulation 29(1)(a) in connection with his undertaking a designated part-time course unless the course is undertaken in England and Wales.

Section 5 Amendment of the 2002 Regulations

In regulation 39 of the 2002 Regulations, there shall be substituted for paragraph (1) the following–

(1) In England and Wales—

(a) there shall not be treated as part of a bankrupt’s estate or claimed for his estate under section 307 or 310 of the Insolvency Act 1986 any sum payable to an eligible student by way of a loan and which he receives or is entitled to receive after the commencement of the bankruptcy, whether his entitlement arises before or after the commencement of his bankruptcy; and

(b) there shall not be included in a person’s bankruptcy debts any debt or liability to which he is or may become subject in respect of any sum payable to an eligible student by way of a loan and which he receives or is entitled to receive—

(i) in the case of a bankruptcy commencing before 1st September 2004, after the commencement of the bankruptcy; or

(ii) in the case of a bankruptcy commencing on or after 1st September 2004, before or after the commencement of the bankruptcy.