Vesting of estate in trustee

33 Limitations on vesting.

(1)

The following property of the debtor shall not vest in the F1. . . trustee—

F2(a)

any property kept outwith a dwellinghouse in respect of which attachment is, by virtue of section 11(1) of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), incompetent;

(aa)

any property kept in a dwellinghouse which is not a non-essential asset for the purposes of Part 3 of that Act;

(b)

property held on trust by the debtor for any other person.

(2)

The vesting of a debtor’s estate in a F1. . . trustee shall not affect the right of hypothec of a landlord.

(3)

Sections 31 and 32 of this Act are without prejudice to the right of any secured creditor which is preferable to the rights of the F1. . . trustee.