First Minister of Scotland - Election and Term

Election and Term

The First Minister is nominated by the Scottish Parliament at the beginning of each term, by means of an exhaustive ballot. He is then appointed by the monarch. There is no term of office for a First Minister. The First Minister must be a Member of the Scottish Parliament and holds office "at Her Majesty's pleasure". However to gain supply (control of exchequer funds) the government must be answerable to, and acceptable to, the Scottish Parliament. Whenever the office of First Minister falls vacant, the Sovereign is responsible for appointing the new incumbent; the appointment is formalised at a meeting between the Sovereign and the First Minister designate.

Given the mixed member proportional representation system used to elect its members, it is difficult for a single party to gain an overall majority of seats in the Scottish Parliament. However, the SNP did gain an overall majority of seats in the Scottish Parliament general election, 2011. If no party has an overall majority it is usually determined by Parliament that the leader of the largest party, or the leader of any coalition that is formed in the Parliament, be nominated to the monarch for appointment. This need not be the case however; theoretically, any member of the Scottish Parliament, from any party grouping represented there, can be so nominated. The only requirement is that the Scottish Parliament nominates the candidate.

After the election of the Scottish Parliament, a First Minister must be nominated within a period of 28 days. Under the terms of the Scotland Act, if the Parliament fails to nominate a First Minister, within this time frame, it will be dissolved and a fresh election held. If an incumbent First Minister is defeated in a general election, he does not immediately vacate office. He only leaves office when the Scottish Parliament nominates a successor individual.

After accepting office, the First Minister takes the Official Oath, as set out in the Promissory Oaths Act 1868. The oath is tendered by the Lord President of the Court of Session at a sitting of the Court in Parliament House in Edinburgh. The oath is:

The period in office of a First Minister is not linked to the term of Members of the Scottish Parliament. The Scotland Act set out a four year maximum term for each session of Parliament. The Act specifies than an election to the Scottish Parliament will be held on the first Thursday in May, every four years, starting from 1999. Parliament can be dissolved and an extraordinary general election held, before the expiration of the four year term, but only if two thirds (or more) of elected MSPs vote for such action in a resolution of the Scottish Parliament. However if a simple majority of MSPs voted a no-confidence motion in the First Minister/Government, that would trigger a 28-day period for the nomination of a replacement; should that time period expire without the nomination of a new First Minister, then an extraordinary election would have to be called.

The First Minister, once appointed continues in office as the head of the devolved Scottish Government until either he resigns, is dismissed or dies in office. Resignation can be triggered off by the passage of a Motion of No Confidence in the First Minister or the Scottish Government or by rejecting a Motion of Confidence in the Scottish Parliament. In those situations, the First Minister must tender his and his government's resignation to the monarch. In such circumstances, the Presiding Officer appoints an interim First Minister, until the Scottish Parliament determines on a new nominee to be presented to the Sovereign for formal appointment.