The Scottish Government received legal advice in 2012 that it would be lawful to draw up legislation for a referendum on independence powers, the Sunday Mail understands.
Alex Salmond has written to the head of the civil service asking if he can reveal details of the guidance. It is understood to have been issued in the run up to the 2014 referendum when the former First Minister was devising a fallback plan for if David Cameron refused to allow the vote.
Salmond - who now leads the Alba party - wants to hold a new poll next year on the 10th anniversary of the last ballot.It would not be a referendum which could trigger independence in itself, but rather would say whether people believed Holyrood should have the right to initiate independence talks.
The proposals are to be set out in a members bill submitted by MSP Ash Regan, who recently defected to Alba from the SNP.The UK Government has repeatedly refused to give formal consent for another referendum, and won a Supreme Court case last year that found Holyrood could not legislate for a vote without that consent being in place.
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