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(1)Sections 12, 16, 49 and 55(3) above apply to a landlord’s or superior’s right of hypothec and its enforcement by a sequestration for rent or feuduty as they apply to an attachment.
(2)It is not competent for such a hypothec to arise in any article—
(a)of the type described in section 11(1); or
(b)which is kept in a dwellinghouse and which is not a non-essential asset for the purposes of Part 3 of this Act.
(3)An arrestment (other than an arrestment of a debtor’s earnings in the hands of the debtor’s employer) of any article of the type mentioned in paragraph (a) or (b) of subsection (2) above is incompetent.
(4)The Scottish Ministers may, by order, modify subsection (1) above by repealing the words “or superior's” and “or feuduty” where they appear in that subsection.
(5)Such an order may not have effect before the day appointed by the Scottish Ministers under section 71 (power to appoint the day on which the feudal system of land tenure is abolished) of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5).
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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