THERE should not be a second independence referendum even if the Supreme Court deems it legal, Liz Truss has said.

The Prime Minister was asked about her stance on the indyref2 case, with just days to go before the UK’s highest court hears oral arguments on Scotland’s right to hold the vote.

The Scottish Government’s top law officer, Lord Advocate Dorothy Bain, has submitted a referendum bill for the court to decide if it falls within Holyrood’s competence.

READ MORE: SNP publish written argument in indyref2 Supreme Court case - read it in full

Under the Scotland Act, referendums are devolved, but anything which “relates to” the Union is reserved. This has created legal ambiguity on whether Holyrood has the power to legislate for a consultative referendum on the issue of independence.

Asked if she would be leading the Unionist campaign in the event the Supreme Court ruled Scotland could hold indyref2 without Westminster’s consent, Truss was non-committal.

She told ITV’s Tom Sheldrick: “I’m very clear that, in 2014 when there was a referendum, we said it was once in a generation.

“I'm very clear there shouldn't be another referendum before that generation is up.”

Scottish Borders SNP MSP Christine Grahame further told ITV that it was "quite extraordinary" for the Prime Minister to say that she would oppose indyref2 even if it were deemed legal.

"But then, nothing will surprise me about Liz Truss", she added.

Truss has been adamant that she will not grant a Section 30 order, which would allow Holyrood to legislate in reserved areas and avoid any legal questions about competency.

READ MORE: The five UK Supreme Court judges who will rule on fate of a Scottish independence referendum

With the departure of Michael Gove from government, there have been suggestions that Truss’s time in No 10 could see the return of the “muscular Unionism” which characterised the earlier days of Boris Johnson’s government.

The Supreme Court is due to hear the case from October 11-12, just days after the end of the SNP conference in Aberdeen.