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ARTICLE · 20 JULY 2022

Second Scots Independence Referendum Floated – A Q&A Update

Herbert Smith Freehills Kramer LLP
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We assess the key commercial and legal issues as Scots politicians press for a new independence vote in 2023.

United KingdomGovernment, Public Sector
Paul Butcher
Paul Butcher

We assess the key commercial and legal issues as Scots politicians press for a new independence vote in 2023.

On 28 June 2022 Nicola Sturgeon, Scotland's First Minister, announced plans to hold a second referendum on 19 October 2023 using the same question as in 2014: "Should Scotland be an independent country?"

This Q&A is a brief update to our Scottish independence: Impacts for Business hub.

If you would like to discuss any of these issues, please get in touch with your usual Herbert Smith Freehills contact or any contact on this or our related briefings linked to below.

  1. Is there an established mechanism for Scotland to hold an independence referendum?

Yes. Section 30 of the Scotland Act 1998 provides a mechanism to temporarily or permanently grant legislative powers to the Scottish Parliament. A section 30 order can be initiated either by the Scottish or UK Governments, but requires approval by both parliaments before becoming law. Scotland's first

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