Legal decision

Supreme Court ruling on a Scottish independence referendum bill, 2022

The UK Supreme Court held that the Scottish Parliament cannot legislate for an independence referendum without a change to the reserved matters.

What happened

The Lord Advocate referred the Scottish Government’s draft bill to the Court after the First Minister proposed a consultative referendum for 19 October 2023.[1] The UK Government was unwilling to agree another section 30 order.[2]

The Court held unanimously that the referendum provision related to the reserved matters of the Union and the UK Parliament.[3] It reasoned that a lawful referendum would be a political event with important political consequences even without immediate legal effect, and it rejected an argument based on the right to self-determination.[4][5]

Sources for this page

Each number marks a specific claim. Notes give the source, its locator and how it relates to the claim.

  1. 1.

    Claim: On 28 June 2022 First Minister Nicola Sturgeon proposed a consultative referendum on 19 October 2023 and announced that the Lord Advocate would refer the draft bill to the Supreme Court.

    • Scottish Government, Next steps in independence referendum set out (Scottish Government, 28 June 2022) link, Statement. Government perspective or primary official source Source record
  2. 2.

    Claim: At the time of the reference the UK Government was unwilling to agree to another section 30 order.

    • Supreme Court of the United Kingdom, Reference by the Lord Advocate of devolution issues under paragraph 34 of Schedule 6 to the Scotland Act 1998 (Supreme Court of the United Kingdom, 23 November 2022) link, Press summary, background. Source record
  3. 3.

    Claim: On 23 November 2022 the Supreme Court held unanimously that the proposed referendum provision related to the reserved matters of the Union and the UK Parliament, so the Scottish Parliament could not legislate for it without a change to the reserved matters.

    • Supreme Court of the United Kingdom, Reference by the Lord Advocate of devolution issues under paragraph 34 of Schedule 6 to the Scotland Act 1998 (Supreme Court of the United Kingdom, 23 November 2022) link, paras. 82–83 and 92. Source record
  4. 4.

    Claim: The Court reasoned that even a referendum without immediate legal consequences would be a political event with important political consequences.

    • Supreme Court of the United Kingdom, Reference by the Lord Advocate of devolution issues under paragraph 34 of Schedule 6 to the Scotland Act 1998 (Supreme Court of the United Kingdom, 23 November 2022) link, paras. 78–82. Source record
  5. 5.

    Claim: The Court rejected the SNP’s intervention based on the international right to self-determination, holding that the right was not in issue.

    • Supreme Court of the United Kingdom, Reference by the Lord Advocate of devolution issues under paragraph 34 of Schedule 6 to the Scotland Act 1998 (Supreme Court of the United Kingdom, 23 November 2022) link, paras. 84–90. Source record

Source note

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