At-a-glance: Scottish government's 'Yes' constitution plan

Holyrood A Scottish independence bill would be introduced to the Scottish Parliament if voters back "Yes"

Scotland's Deputy First Minister, Nicola Sturgeon, has set out proposals for an Independence Bill, intended to lead to a written constitution for an independent Scotland.

Scotland Decides

Go to the BBC's Scotland Decides page for analysis and background.

If Scots vote "Yes" on 18 September, the Scottish government intends to introduce the bill to the Scottish Parliament as part of preparations for the transition to independence it believes would happen on 24 March, 2016.

The Scottish government is putting its proposals to public consultation, ending on 20 October. Here are the main points.

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Legislating for independence
  • Scotland will become an independent state under international law and will be recognised as such by other states.
  • The date of independence day would be determined by a resolution in the Scottish Parliament.
  • The Scottish government and Scottish Parliament would assume full powers over the independent state and the jurisdiction of Westminster would cease.
  • The Union with England Act 1707 would be repealed.
  • The Scottish government argues it is "appropriate" for Westminster to repeal the Union with Scotland Act 1706 at the same time.
  • The Union of the Crowns would continue.
  • All existing laws would remain in effect unless the Scottish Parliament decided otherwise.
  • The system for elections to the Scottish Parliament would continue.
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Interim constitution

An interim constitution would apply from independence day until a final written constitution has been agreed.

It would set out details of:

  • the name of the state, its territory, head of state and form of government
  • Scottish citizenship
  • the make up of the judiciary, civil service and local government
  • membership of international organisations and international agreements
  • a commitment to nuclear disarmament
  • the incorporation of European law and European citizenship
  • human rights (with reference to the European Convention on Human Rights), equality and children's wellbeing
  • the status of island communities
  • and policies for the environment and natural resources.
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Permanent constitution
  • The Scottish Parliament would legislate to set up a constitutional convention to draw up a permanent, written constitution.
  • The convention would be independent of the Scottish government, though it would have an input into the consultation alongside other organisations and groups.
  • The Scotland Act 1998, which established devolution, would be rewritten to remove references to UK leaders and bodies.
  • Once agreed, the permanent constitution would replace the Scottish Independence Bill and the Scotland Act.

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Scotland Decides

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Scotland Decides: SCOTLAND VOTES NO

  1. No 2,001,926
  2. Yes 1,617,989
After 32 of 32 counts Results in detail

Referendum Live

  1.  
    Text 80295 07:45: Referendum - Get Involved

    ATB, from Sunny Leith by Sea, Zane: One of the funniest things I've heard this week (it is only Tuesday, mind you) it all boils down to a simple slogan - "Wales misses out on funding of around £300m per year, but there is some doubt over the funding calculations." They're going to struggle to get that out on Twitter, since the slogan itself is 113 characters!

    Norrie in Stevenston: Everybody, including the media, keep going on about more powers for Scotland but this wasn't on the referendum ballot paper. Why do we need more powers? Just more layers of bureaucracy and expense we don't need; things are fine the way they are thanks.

     
  2.  
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  3.  
    07:36: SNP 'surge'

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    The Herald newspaper

    And comedian Billy Connolly predicts trouble ahead should Prime Minister David Cameron fail to honour his promise of further powers for Scotland.

    Read our newspaper round-up here.

     
  4.  
    @bbcscotlandnews 07:34: Referendum - Your Views

    Julie Thomson tweets: A No vote doesn't mean a #Labour vote. #SNP membership growing.

     
  5.  
    07:31: Scottish papers

    The Scottish newspapers are continuing to reflect on the fallout from the referendum.

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    The Scotsman quotes the Leader of the House of Commons, William Hague, as saying that the pledge of flagship new powers for Scotland will be honoured.

     
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    Politicians return to Holyrood after Scotland rejected independence.

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  7.  
    07:26: The Big Yin fires a warnin...

    Billy Connolly has been giving his thoughts on Scotland's referendum.

    The comedian said there would be trouble if David Cameron did not honour his promise of further powers.

    Billy Connolly

    Speaking at the London premiere of What We Did On Our Holiday, he said: "It's 50:50 - 50% of the country are delighted, 50% are disappointed. But Scotland will get used to the idea.

    "If Mr Cameron keeps up his promises we should be okay. If he doesn't there'll be hell to pay."

     
  8.  
    Text 80295 07:24: Referendum reaction

    Dave, Aberdeen: I believe William Hague said a few days ago that any money raised by new powers over income tax would be clawed back with a £ for £ reduction in the Barnett Formula. Is this true?

     
  9.  
    07:21: 'Bitter-sweet occasion' Colin Blane BBC Scotland news

    This will be a bitter-sweet occasion for Scotland's outgoing first minister.

    Alex Salmond lost the referendum and is preparing to stand down but he does so against the backdrop of a sudden surge in membership for the pro-independence parties.

    His own SNP has added more than 20,000 new members in four days - an 80% increase - which means it has nudged ahead of the Lib Dems to become the third largest party in the UK.

    Mr Salmond is expected to tell the Scottish Parliament that both sides in the referendum can take pride in the campaign and in the huge turnout.

    He'll also say the way 16 and 17-year-olds participated makes the case for them to be given the vote in all elections.

     
  10.  
    07:20: Get Involved Thomas McGuigan BBC Scotland News

    Something you want to get off your chest following Scotland's referendum vote? Send us your thoughts via email, text 80295 or tweet @bbcscotlandnews using #bbcindyref

     
  11.  
    07:18: 'Reflection time'

    Ahead of today's debate, Presiding Officer Tricia Marwick will open proceedings with "time for reflection", a Holyrood slot normally reserved for spiritual or philosophical contributions from religious or secular figureheads.

     
  12.  
    07:16: Holyrood debate

    The debate on the future of Scotland that follow Salmond's statement will go on for two days.

    Alex Salmond

    We'll bring you all the latest lines today and tomorrow as they happen.

     
  13.  
    07:12: Scots made right choice - Miliband
    Miliband speaking

    Also coming up - Labour leader Ed Miliband is expected to tell his party's conference in Manchester that Scotland made the right choice voting against independence.

    But he will say a country that comes close to splitting apart "is not a country in good health".

     
  14.  
    07:09: Salmond successor

    The SNP parliamentary group will also meet today, with nominations for Mr Salmond's successor expected to open on Wednesday.

    Nicola Sturgeon

    Almost every member of the Scottish cabinet has publicly backed his deputy, Nicola Sturgeon, to replace him as SNP leader and first minister.

     
  15.  
    07:05: Parties respond

    The Scottish Labour, Lib Dem and the Conservative parties will also offer their response to the electorate's decision to reject independence by 55% to 45%.

    Labour leader Johann Lamont is likely to offer to find common ground with the SNP.

    The Lib Dems are expected to urge Yes campaigners not to be bystanders as Holyrood pushes for further powers.

    And the Conservatives will accuse the Nationalists of having no intention of accepting the referendum result.

     
  16.  
    07:02: Salmond vote call

    Mr Salmond, who announced after the No result that he would stand down in November, is also expected to call for 16 and 17-year-olds to be given the vote at future elections.

    Outgoing first minister Alex Salmond

    He is also to vow to hold the UK parties to account over further powers.

     
  17.  
    07:01: Holyrood debate

    First Minister Alex Salmond is to address the Scottish Parliament later - for the first time since Scotland voted against independence.

    MSPs will also hold a debate on the outcome of the referendum.

     
  18.  
    07:00: Referendum reaction Thomas McGuigan BBC Scotland News

    Good morning and welcome to today's live page coverage of the latest post-referendum news and analysis.

     

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