
Section 30 of Scotland Act 1998
UK constitutional mechanism Westminster uses to authorise Scottish independence referendums.
Last refreshed: 28 July 2026 · Appears in 1 active topic
Can Holyrood legislate for a referendum if Westminster refuses a Section 30?
Timeline for Section 30 of Scotland Act 1998
Mentioned in: Swinney's Section 30 ask, trigger missed
UK Local Elections 2026Mentioned in: RPA Bill stranded, FCA review without probe
UK Local Elections 2026Invoked by Swinney as the procedural vehicle for a 2028 independence referendum
UK Local Elections 2026: SNP at 62, three short of 65Background
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.