The draft section 30 order allowing the Scottish Parliament to legislate for a referendum on Scottish independence has been approved by both Houses of the Westminster Parliament. The order is expected to be approved by the Privy Council in February, paving the way for the Scottish Government to introduce a referendum bill.
It may be hard to believe given the level of media coverage, but the referendum on Scottish independence is still 18 months or more away. However, the referendum has moved another step closer with the approval by the Westminster Parliament of a draft order to provide the Scottish Parliament with the legal powers to hold the referendum. This followed a long debate between the UK and Scottish Governments, first on whether devolved powers permitted the Scottish Parliament to legislate for a referendum and, secondly, on the conditions to be imposed by the section 30 order. Agreement on the content of the section 30 order was reached in October 2012.
The section 30 order modifies the Scotland Act 1998. Constitutional matters are still reserved to the Westminster Parliament but an exception is made for "a referendum on the independence of Scotland from the rest of the United Kingdom". The referendum must be held before the end of 2014 and not on the same day as any other poll, and must ask a single question with a choice of only two responses. Other matters, including the wording of the referendum question, the franchise, and limits on campaign spending will be provided for in the referendum bill. The Scottish Government plans to introduce a referendum bill in the spring of 2013, with the referendum being held in autumn 2014.
