Background

Section 30 of the Scotland Act 1998 is the legal instrument by which Westminster can temporarily transfer powers to Holyrood to legislate on matters — including independence referendums — that normally fall outside devolved competence. On the day before the 7 May 2026 elections, John Swinney committed to requesting a Section 30 order 'on the first sitting day after appointment of the new government' and introducing a draft referendum bill within 100 days, regardless of the SNP's final seat total.

The mechanism has been contested since the 2014 independence referendum. Westminster granted a Section 30 order for that vote but rejected Nicola Sturgeon's 2017 and 2019 requests. The UK Supreme Court ruled in November 2022 that Holyrood lacked the power to legislate for a referendum without Westminster consent. Health Secretary Wes Streeting stated publicly he would refuse a Section 30 regardless of the 2026 result.

YouGov's final Holyrood MRP projects the SNP at 62 seats — three short of Swinney's 65-seat named trigger — but the party has framed any majority Coalition with the Scottish Greens as sufficient mandate to proceed.

Common Questions

What is a Section 30 order and why does Scotland need one for a referendum?

A Section 30 order is a mechanism under the Scotland Act 1998 that temporarily transfers a reserved power from Westminster to Holyrood, allowing the Scottish Parliament to legislate on that matter. Without one, the UK Supreme Court ruled in 2022 that Scotland cannot hold a legally binding independence referendum.Source: UK Supreme Court

Did Labour say it would grant Scotland a Section 30 order after the 2026 election?

No. Health Secretary Wes Streeting stated publicly that Westminster would refuse a Section 30 order regardless of the Holyrood result.Source: Lowdown

What seats does the SNP need to trigger a Section 30 request?

John Swinney named 65 seats as the trigger for a 2028 independence referendum request, though he committed to requesting a Section 30 on the first sitting day regardless of final seat count. YouGov's final MRP projects the SNP at 62 seats.Source: YouGov / Swinney statement

When was the last Section 30 order granted for a Scottish referendum?

Westminster granted a Section 30 order in 2013 for the September 2014 Scottish independence referendum. Subsequent requests by Nicola Sturgeon in 2017 and 2019 were refused.

How the World Sees Them

Scottish Greens

Support granting a Section 30; project as coalition partners who would clear the majority threshold with the SNP in 99% of simulations.

UK Labour Government

No Section 30 will be granted in this parliament. Streeting stated this publicly regardless of the Holyrood outcome.

SNP / Scottish Government

Essential democratic mechanism; refusal is a denial of Scottish self-determination. Swinney committed to requesting one immediately after the election.