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Referendums (Scotland and Wales) Act 1997

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(Redirected fromReferendums (Scotland & Wales) Act 1997)

Act of Parliament
Long titleAn 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.
Citation1997 c. 61
Introduced byTony Blair,Prime Minister of the United Kingdom (Commons)
John Sewel, Baron Sewel (Lords)
Territorial extent United Kingdom
Dates
Royal assent31 July 1997
Other legislation
Relates toScotland Act 1998
Government of Wales Act 1998
Status:Spent
Text of statute as originally enacted
Revised text of statute as amended
Constitutional documents and events relevant to the status of theUnited Kingdom and itscountries
          List per year
Laws of Wales Acts1535
Treaty of Union1706
Acts of Union1707
Succession to the Crown Act 17071707
Septennial Act1716
Wales and Berwick Act1746
Constitution of Ireland (1782)1782
Acts of Union 18001800
HC (Disqualifications) Act 18011801
Reform Act 18321832
Scottish Reform Act 18321832
Irish Reform Act 18321832
Judicial Committee Act 18331833
Judicial Committee Act 18431843
Judicial Committee Act 18441844
Representation of the People Act 18671867
Reform Act (Scotland) 18681868
Reform Act (Ireland) 18681868
Irish Church Act1869
Royal Titles Act 18761876
Appellate Jurisdiction Act1876
Reform Act 18841884
Interpretation Act 18891889
Parliament Act1911
Aliens Restriction Act1914
Status of Aliens Act 19141914
Government of Ireland Act 19141914
Welsh Church Act1914
Royal Proclamation of 19171917
Representation of the People Act 19181918
Church of England Assembly (Powers) Act1919
Government of Ireland Act1920
Anglo-Irish Treaty1921
Church of Scotland Act 19211921
Irish Free State (Agreement) Act1922
Irish Free State Constitution Act1922
Ireland (Confirm. of Agreement) Act 19251925
Balfour Declaration of 19261926
Royal and Parliamentary Titles Act1927
Representation of the People Act 19281928
Eire (Confirmation of Agreement) Act 19291929
Statute of Westminster1931
HM Declaration of Abdication Act 19361936
Regency Act 19371937
Regency Act 19431943
British Nationality Act 19481948
Representation of the People Act 19481948
Ireland Act 19491949
Statute of the Council of Europe1949
Parliament Act1949
Regency Act 19531953
Royal Titles Act 19531953
European Convention on Human Rights1953
Interpretation Act (NI)1954
HC Disqualification Act 19571957
Life Peerages Act1958
Commonwealth Immigrants Act 19621962
Peerage Act1963
Royal Assent Act1967
Commonwealth Immigrants Act 19681968
Immigration Act1971
EC Treaty of Accession1972
NI (Temporary Provisions) Act1972
European Communities Act1972
Local Government Act1972
UK joins the European Communities1973
Local Government (Scotland) Act1973
NI border poll1973
NI Constitution Act1973
House of Commons Disqualification Act1975
Referendum Act1975
EC membership referendum1975
HC (Administration) Act 1978
Interpretation Act1978
Scotland Act 19781978
Wales Act 19781978
Scottish devolution referendum1979
Welsh devolution referendum1979
British Nationality Act1981
Representation of the People Act 19831983
Representation of the People Act 19851985
Single European Act1985
Maastricht Treaty1993
Local Government (Wales) Act1994
Local Government etc. (Scotland) Act1994
Referendums (Scotland & Wales) Act1997
Scottish devolution referendum1997
Welsh devolution referendum1997
1998 GLA referendum 1998
Bank of England Act1998
Good Friday Agreement 1998
Northern Ireland Act 1998
Government of Wales Act 1998
Human Rights Act1998
Scotland Act 1998
GLA Act1999
House of Lords Act1999
Representation of the People Act 20002000
Parties, Elections and Referendums Act2000
Justice (Northern Ireland) Act2002
Scottish Parliament (Constituencies) Act 2004
Constitutional Reform Act2005
Government of Wales Act 20062006
GLA Act 20072007
Northern Ireland Act 20092009
LDEDC Act 2009
Lisbon Treaty2009
Constitutional Reform and Governance Act2010
Parl. Voting System and Constituencies Act2011
Welsh devolution referendum2011
Alternative Vote referendum2011
European Union Act 20112011
Police Reform and Social Responsibility Act 2011
Sovereign Grant Act 2011
Fixed-term Parliaments Act2011
Localism Act 2011
Scotland Act 20122012
Succession to the Crown Act 20132013
Scottish independence referendum2014
House of Lords Reform Act2014
Wales Act 20142014
HL (Expulsion and Suspension) Act2015
Lords Spiritual (Women) Act2015
Recall of MPs Act2015
European Union Referendum Act2015
Local Government (Religious etc. Observances) Act2015
EU membership referendum2016
Scotland Act 20162016
Cities and Local Government Devolution Act 2016
Wales Act 20172017
EU (Notification of Withdrawal) Act2017
Invocation of Article 502017
European Union (Withdrawal) Act2018
EU Withdrawal Act 20192019
EU Withdrawal (No. 2) Act2019
Early Parliamentary General Election Act2019
EU (Withdrawal Agreement) Act2020
UK leaves the European Union2020
UK Internal Market Act2020
EU (Future Relationship) Act2020
Dissolution and Calling of Parliament Act2022
Judicial Review and Courts Act2022
Elections Act2022
Levelling-up and Regeneration Act 2023

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.

Background

[edit]
See also:1979 Scottish devolution referendum and1979 Welsh devolution referendum

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

[edit]

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.

Franchise

[edit]

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.

Referendum in Scotland

[edit]
See also:1997 Scottish devolution referendum

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.

Referendum questions

[edit]

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]

Question 1

[edit]

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:

I agree there should be a Scottish Parliament

or

I do not agree there should be a Scottish Parliament

(To be marked by a single (X))

Question 2

[edit]

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:

I agree that a Scottish Parliament should have tax-varying powers

or

I do not agree that a Scottish Parliament should have tax-varying powers

(To be marked by a single (X))

Counting areas

[edit]

The 32Scottish council areas were used as the counting areas for the referendum under the provisions of the Act.

Question 1 result

[edit]
Map showing results by council.
  80–90% Yes
  70–80% Yes
  60–70% Yes
Scottish devolution referendum, 1997
(Question 1)
ChoiceVotes%
I agree there should be a Scottish Parliament1,775,04574.29
I do not agree that there should be a Scottish Parliament614,20025.71
Valid votes2,389,44599.50
Invalid or blank votes11,9860.50
Total votes2,401,431100.00
Registered voters/turnout3,973,67360.43
Question 1 referendum results (without spoiled ballots):
Agree:
1,775,045(74.3%)
Disagree:
614,400 (25.7%)

Every council area voted "I agree" to the proposed Scottish Parliament.

Question 2 result

[edit]
Map showing results by council.
  70–80% Yes
  60–70% Yes
  50–60% Yes
  <50% Yes
Scottish devolution referendum, 1997
(Question 2)
ChoiceVotes%
I agree that a Scottish Parliament should have tax-varying powers1,512,88963.48
I do not agree that a Scottish Parliament should have tax-varying powers870,26336.52
Valid votes2,383,15299.21
Invalid or blank votes19,0130.79
Total votes2,402,165100.00
Registered voters/turnout3,973,67360.45
Question 2 referendum results (without spoiled ballots):
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]

Referendum in Wales

[edit]
See also:1997 Welsh devolution referendum

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.

Referendum question

[edit]

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:

I agree there should be a Welsh Assembly
Yr wyf yn cytuno dylid cael Cynulliad i Gymru

or

I do not agree there should be a Welsh Assembly
Nid wyf yn cytuno dylid cael Cynulliad i Gymru

(To be marked by a single (X))

Counting areas

[edit]

The 22Welsh council areas were used as the counting areas for the referendum under the provisions of the Act.

Result

[edit]
Map showing results by council.
Welsh devolution referendum, 1997
ChoiceVotes%
I agree that there should be a Welsh Assembly
Yr wyf yn cytuno y dylid cael Cynulliad i Gymru
559,41950.30
I do not agree that there should be a Welsh Assembly
Nid wyf yn cytuno y dylid cael Cynulliad i Gymru
552,69849.70
Valid votes1,112,11799.64
Invalid or blank votes3,9990.36
Total votes1,116,116100.00
Registered voters/turnout2,222,53350.22

Note: In Wales under theWelsh Language Act 1993 the Welsh language has equal status with the English language.

National referendum results (without spoiled ballots):
Agree/Cytuno:
559,419(50.3%)
Disagree/Anghytuno:
552,698 (49.7%)

Outcome

[edit]

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.

See also

[edit]

References

[edit]
  1. ^"Scottish Referendum Live – The Results".BBC News. BBC. Retrieved28 July 2016.
  2. ^Result – Dumfries and Galloway,BBC, 1997
  3. ^Result – Orkney Islands,BBC, 1997
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