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

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.