Section 30 order
Constitutional power allowing Holyrood to legislate for a Scottish independence referendum, requiring Westminster consent.
On 7 July, Andy Burnham said he would not grant a Section 30 order, leaving Westminster consent unavailable for a legally binding Scottish independence referendum.
Last refreshed: 7 October 2026 · Appears in 1 active topic
What legal options does Scotland have if Westminster refuses a Section 30 order indefinitely?
Timeline for Section 30 order
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UK Local Elections 2026Background
A Section 30 order is an instrument under the Scotland Act 1998 that temporarily transfers a matter reserved to the UK Parliament to the Scottish Parliament. Because the constitution is reserved, Holyrood needs such an order to legislate for a legally binding independence referendum. In 2023 the UK Supreme Court ruled that Holyrood cannot hold one without it.
The order was used once, for the 2014 independence referendum, under the Edinburgh Agreement between David Cameron and Alex Salmond. Conservative and Labour governments have refused every request since. In April 2026, Health Secretary Wes Streeting rejected Swinney's call for a post-2028 vote before polling day.
Pressure for an order now runs through Holyrood motions. On 22 September 2026, all 17 Scottish Labour MSPs backed Swinney's motion on Scotland's right to decide its future, which passed 84 to 18 as amended; the vote does not commit Labour to a referendum.
Westminster retains the referendum veto
On 14 May, John Swinney confirmed that he would seek a Section 30 order, although the SNP had won 58 seats, seven below his own 65-seat trigger. Holyrood voted 72 to 55 on 26 May to demand one, resting on the combined SNP-Green majority, and Downing Street turned it down the same day through a spokesperson's lobby line rather than a formal letter.
On 7 July, Andy Burnham told Scottish Labour MPs he would not grant an order either, offering enhanced devolution in its place. He became prime minister on 20 July, so the refusal is now government policy.