| Act of Parliament | |
| Long title | An Act to make provision for the holding of a referendum in Scotland on the establishment and tax-varying powers of a Scottish Parliament and a referendum in Wales on the establishment of a Welsh assembly; and for expenditure in preparation for a Scottish Parliament or a Welsh Assembly. |
|---|---|
| Citation | 1997 c. 61 |
| Introduced by | Tony Blair,Prime Minister of the United Kingdom (Commons) John Sewel, Baron Sewel (Lords) |
| Territorial extent | United Kingdom |
| Dates | |
| Royal assent | 31 July 1997 |
| Other legislation | |
| Relates to | Scotland Act 1998 Government of Wales Act 1998 |
Status:Spent | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
TheReferendums (Wales and Scotland) Act 1997 (c. 61) is anAct of theParliament of the United Kingdom, which made legal provision for the holding of two non-bindingreferendums in bothScotland on the establishment of a democratically electedScottish Parliament with tax-varying powers and inWales on the establishment of a democratically electedWelsh Assembly. In an unusual move the referendums bill was introduced to theHouse of Commons by the thenPrime MinisterTony Blair himself on 15 May 1997 just two weeks after the landslideLabour victory in the1997 General Election and was the very first Government sponsored Bill to be presented to the Commons by theBlair Government of 1997–2007. The Act receivedroyal assent on 31 July 1997 and becameSpent upon the conclusion of both referendums.
On 1 March 1979, voters in both Scotland and Wales voted in referendums on proposed Assemblies under the provisions of theScotland Act 1978 and theWales Act 1978. The result in Scotland was a narrow "yes" by 51% of voters but failed to achieve an overall minimum 40% "yes" vote of the registered electorate and the motion failed to pass and in Wales the proposal was rejected outright by 79% of voters and political fallout from the results led to the fall of theLabour government, 1974–1979 which then led toMargaret Thatcher's victory in the1979 UK General Election and the beginning of eighteen years of Conservative government.
The Act legislated for the holding of non-binding referendums to be held on 11 September 1997 inScotland on whether there should be a democratically electedScottish Parliament with tax varying powers and on 18 September 1997 inWales on whether there should be a democratically electedWelsh Assembly and gave powers to both theSecretary of State for Scotland and theSecretary of State for Wales to enable the referendums to take place and gave them both the power to appoint Chief Counting Officers to oversee the referendums.
The right to vote in the referendums in both Scotland and Wales applied to residents who were British, Irish andCommonwealth citizens as well as those who were entitled to vote in all local government elections including all residentEU citizens. Members of theHouse of Lords from both Scotland and Wales were also able to vote in the referendums. The minimum age for voters in both referendums was 18 years with polling stations open from 07:00 to 22:00BST. In total almost 6.2 million people would be eligible to vote across Scotland and Wales combined in the referendums.
The Act legislated for a referendum to be held acrossScotland on 11 September 1997 on the establishment of a Scottish Parliament with tax varying powers. TheSecretary of State for Scotland under the act would appoint a Chief Counting Officer to oversee the referendum and also appoint local counting officers in each of the local government areas. Just under four million people were eligible to vote includingEU nationals residing in Scotland.
Under the Act the electorate was asked to vote on two sets of statements which corresponded to both proposals on different coloured ballot papers.[1]
On the first ballot paper the following appeared:
Parliament has decided to consult people in Scotland on the Government's proposals for a Scottish Parliament:
or
(To be marked by a single (X))
On the second ballot paper the following appeared:
Parliament has decided to consult people in Scotland on the Government's proposals for a Scottish Parliament to have tax-varying powers:
or
(To be marked by a single (X))
The 32Scottish council areas were used as the counting areas for the referendum under the provisions of the Act.

| Choice | Votes | % |
|---|---|---|
| I agree there should be a Scottish Parliament | 1,775,045 | 74.29 |
| I do not agree that there should be a Scottish Parliament | 614,200 | 25.71 |
| Valid votes | 2,389,445 | 99.50 |
| Invalid or blank votes | 11,986 | 0.50 |
| Total votes | 2,401,431 | 100.00 |
| Registered voters/turnout | 3,973,673 | 60.43 |
| Agree: 1,775,045(74.3%) | Disagree: 614,400 (25.7%) | ||
| ▲ | |||
Every council area voted "I agree" to the proposed Scottish Parliament.

| Choice | Votes | % |
|---|---|---|
| I agree that a Scottish Parliament should have tax-varying powers | 1,512,889 | 63.48 |
| I do not agree that a Scottish Parliament should have tax-varying powers | 870,263 | 36.52 |
| Valid votes | 2,383,152 | 99.21 |
| Invalid or blank votes | 19,013 | 0.79 |
| Total votes | 2,402,165 | 100.00 |
| Registered voters/turnout | 3,973,673 | 60.45 |
| Agree: 1,512,889(63.5%) | Disagree: 870,263 (36.5%) | ||
| ▲ | |||
Votes in favour of tax-varying powers still commanded significant majority, when compared to establishing the Parliament per se. A majority voted 'I agree' in every local council, apart from inDumfries & Galloway[2] andOrkney.[3]
The Act legislated for a referendum to be held in Wales on 18 September 1997 on the establishment of a Welsh Assembly. TheSecretary of State for Wales under the act would appoint a Chief Counting Officer to oversee the referendum and also appoint local counting officers. Almost two and a quarter million people were eligible to vote including EU nationals residing in Wales.
On the ballot paper the following appeared in both English and Welsh:
Parliament has decided to consult people in Wales on the Government's proposals for a Welsh Assembly:
Mae'r Senedd wedi penderfynu ymgynghori pobl yng Nghymru ar gynigion y Llywodraeth ar gyfer Cynulliad i Gymru:
or
(To be marked by a single (X))
The 22Welsh council areas were used as the counting areas for the referendum under the provisions of the Act.

| Choice | Votes | % |
|---|---|---|
| I agree that there should be a Welsh Assembly Yr wyf yn cytuno y dylid cael Cynulliad i Gymru | 559,419 | 50.30 |
| I do not agree that there should be a Welsh Assembly Nid wyf yn cytuno y dylid cael Cynulliad i Gymru | 552,698 | 49.70 |
| Valid votes | 1,112,117 | 99.64 |
| Invalid or blank votes | 3,999 | 0.36 |
| Total votes | 1,116,116 | 100.00 |
| Registered voters/turnout | 2,222,533 | 50.22 |
Note: In Wales under theWelsh Language Act 1993 the Welsh language has equal status with the English language.
| Agree/Cytuno: 559,419(50.3%) | Disagree/Anghytuno: 552,698 (49.7%) | ||
| ▲ | |||
Following the results of both referendums theScotland Act 1998 and theGovernment of Wales Act 1998 were both passed by the UK Parliament which established both theScottish Parliament and theWelsh Assembly and came into being following elections in both Scotland and in Wales in 1999.