THE SUPREME Court is to proceed to a full hearing to examine the Scottish Government's bid to hold an independence referendum without the consent of ministers in London. 

A plea by the UK government to have the case thrown out at the preliminary stage because it is "premature" has been refused, instead, the justices will now consider this argument at the same time as they examine whether or not Holyrood can hold a vote.

Last month, the First Minister stunned MSPs when she revealed that she had asked Lord Advocate Dorothy Bain to request a ruling from the justices on the legality of the Scottish Parliament staging its own vote without the agreement of Westminster.

However, last week, Lord Stewart of Dirleton, the UK Government’s Advocate General, asked the court to dismiss the Scottish law officer’s reference.

He said that by seeking to establish whether a Referendum Bill is within the parliament’s devolved competence before that bill has passed would raise “important legal questions which cut across the statutory process”.

READ MORE: UK Government asks Supreme Court to throw out referendum bid

In a reply sent to both sides, and obtained by both the National and the Telegraph, the Supreme Court said judges would consider whether the request was premature at the same time as examining the issue of whether Holyrood can hold an independence referendum.

The court has told the Scottish and UK governments to submit legal papers setting out their cases by Aug 9. 

Judges will then rule on whether to hear the case orally or not.

In a statement, the Supreme Court said there were two issues to consider.  

First, whether the Court "can or should accept the reference and, second, if so, how it should answer the question the Lord Advocate has referred to it."

To answer these questions, the Court said it would "need to consider the circumstances giving rise to the reference and the substance of the Lord Advocate’s question.

"The Court therefore decided that it should hear argument on both issues at a single hearing in the interests of justice and the efficient disposal of the proceedings."  

UK Government sources told the Telegraph they remained "quite relaxed" and "very confident" they will triumph in the court case.

Ian Blackford, the SNP’s Westminster leader, welcomed the news. He told the National: “I’m glad to hear the Supreme Court are not going to be browbeaten by a UK Government that are trying to stop democracy from taking place. In the end we will prevail. Let’s wait and see what happens.”

Setting out her “route map” to independence in June, the First Minister said she intends to hold a second referendum on October 19 next year, if the UK Supreme Court says she has the power to do so.

The First Minister said that if the court refused it would be “the fault of Westminster legislation” and she would fight the next general election as a “de facto referendum” on the single issue of independence.

If the SNP won a majority of votes cast, it would regard it as a mandate to open independence negotiations with London.

A spokesperson for the Scottish Government said: “Whether the reference is accepted, how long it takes to determine, which matters the court considers and when and what judgment is arrived at are all for the court to determine.

"The reference is now before the Supreme Court, and the Court should be allowed to fulfil its function.”

A UK Government spokesperson said: “We appreciate the Supreme Court dealing with our application quickly.

"We will proceed to prepare our written case on the preliminary points we have noted, and on the substantive issue, to the timetable set out by the Court.

“On the question of legislative competence, the UK Government’s clear view remains that a Bill legislating for a referendum on independence would be outside the legislative competence of the Scottish Parliament.”