AN SNP MP has called out a BBC Scotland political editor for claiming it is "quite clear" that the power to hold a second independence referendum lies with Westminster.

Joanna Cherry took to Twitter earlier today after Brian Taylor once again insisted that under the Scotland Act, the law states that Westminster solely holds the ability to call for indyref2. 

Her thread comes after a top lawyer confirmed that the Scottish Government could proceed with a second constitutional referendum without the permission of Prime Minister Boris Johnson. 

READ MORE: ​Scottish Government could hold indyref2 WITHOUT Johnson's permission

Aidan O’Neill QC said there are “good arguments to the effect that the Scottish Parliament have the power, under the provisions of the Scotland Act 1998 as they currently stand, to legislate for the holding of a referendum on Scottish independence".

Cherry said that Taylor's comment "simply isn't the case" and that the Scotland Act is open to a different interpretation under legal weighting. 

She said: "If Holyrood passed a bill to hold a referendum, it would be up to the UK Govt to challenge its competency and @UKSupremeCourt would decide if it was competent.

"If they held that it was then you would have a 'legal' referendum which might be hard to boycott.

"My point is that having Holyrood pass a bill to hold a referendum could be part of a multi-faceted strategy to move away from the current impasse, and stop this constant talk about #Section30 and seeking 'permission' to act from Westminster."

Johnson previously refused Nicola Sturgeon's request for a Section 30 order to be granted – prompting accusations of attempts to "block democracy".

READ MORE: Possible routes to Scottish independence after Section 30 refused

The First Minister had requested the necessary powers to hold a second referendum following the SNP's performance in December's general election.