Referendums (Scotland) Act 2018 1

MODEL
SCOTTISH PARLIAMENT

Referendums (Scotland) Bill

SP Bill 52

(as amended at Stage 2)

An Act of the Scottish Parliament to make provision about referendums.

Holding referendums

1 Power to hold referendums

The Scottish Ministers may by regulations make provision for the holding of a referendum.

2 Power to hold referendums: procedure

(1) Regulations under section 1—
(a) are subject to the affirmative procedure, and
(b) in addition, must not be made unless conditions 1 to 3 are met.
(2) Condition 1 is that the Scottish Ministers first consult the Electoral Commission and such
other persons as the Scottish Ministers consider appropriate.
(3) Condition 2 is that the referendum question is approved by the Electoral Commission.
(4) Condition 3 is that the Secretary of State consents to the making of the regulations.

3 Power to hold referendums: consent of the local authority

(1) Subject as follows, regulations under section 1 may not without the consent of the local
authority—
(a) impose a requirement on that authority, or
(b) provide for a referendum to be held in that authority’s area (whether or not it would
be held solely in that authority’s area).
(2) The consent of the authority is not required in relation to provision under section 4(3).
(3) The authority is to be taken to have consented if—
(a) the Scottish Ministers have sent a draft copy of the regulations to the authority, and
(b) the authority does not, within one month of the draft copy having been sent, intimate
its consent or refusal in writing to the Scottish Ministers.
2 Referendums (Scotland) Act 2018

4 Power to hold referendums: further provision

(1) The Scottish Ministers must not hold, or secure or procure the holding of, a referendum
other than a referendum—
(a) held by virtue of regulations under section 1;
(b) held by virtue of or under an Act of Parliament.
(2) The Scottish Ministers must, if the Scottish Parliament resolves under this subsection,
make regulations under section 1 within 90 days of the passing of the resolution.
(3) Regulations under section 1 may not provide for a referendum to be held on the
independence of Scotland from the rest of the United Kingdom.
(4) Regulations under section 1 may—
(a) make provision of a kind mentioned in subsection (4), and
(b) confer powers on the Scottish Ministers to make regulations bringing into force or
revoking provision made under paragraph (a).
(5) The provision mentioned in this subsection is provision—
(a) the purpose of which is to effect a change in the law corresponding to the result
returned at a referendum held by virtue of regulations under section 1,
(b) which does not or cannot come into force unless a particular result is returned at the
referendum, and
(c) which could be made by Act of the Scottish Parliament.
(6) Regulations under section 1 may provide for the referendum to be held—
(a) across the whole of Scotland, or
(b) in one or more local authority areas or other parts of Scotland which appear to the
Scottish Ministers to be relevant for the purposes of the referendum.

5 General regulations
(1) The Scottish Ministers may make regulations of a general character about the procedure
to be followed in relation to the holding of referendums.
(2) Regulations under this section are subject to the affirmative procedure.

General

6 “The referendum question”

In this Act, “the referendum question” means the question or questions on which a
referendum is to be held and which are to be included on the ballot paper at the referendum.

7 Commencement
This Act comes into force on the day after Royal Assent.

8 Short title
The short title of this Act is the Referendums (Scotland) Act 2018.