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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11745
Experience:  30 years as a practising solicitor.
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If the outcome of the Scottish Independence referendum should

Resolved Question:

If the outcome of the Scottish Independence referendum should be a draw. how do we proceed?
Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
The entire legislation for the referendum is in the Scottish Independence Referendum Act 2013 which you can read online. No provision is made in the legislation for a draw. The Act lays down the various rules and procedures for before, during and after the referendum.
As one vote could swing the referendum either way, it is very unlikely there would ever be a draw. A win either way on a narrow vote could be a possibility of course. However if such a situation did arise, general constitutional law would suggest that a recount would be ordered. If a marginal count could not be agreed, the politicians would have to work out a way forward, possibly by running the referendum again, but you make a good point for which the legislation doesn't provide.
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