After MSPs are sworn in, the first job of the new Parliament is to elect a Presiding Officer and two Deputy Presiding Officers. This is expected to take place on the afternoon of Thursday 14 May 2026 as detailed in the Business Bulletin on Tuesday 24 March 2026.
This blog describes the role of the Presiding Officer and Deputy Presiding Officers and explains how the Parliament elects a Presiding Officer and deputies.
What is the role of the Presiding Officer?
The Presiding Officer is politically impartial and, by convention, resigns their party allegiance on election to the office. The main responsibilities of the Presiding Officer (and deputies) are set out in Standing Orders Rule 3.1. They broadly include:
- chairing meetings attended by all MSPs in the Debating Chamber
- selecting the questions asked at the weekly First Minister’s Question Time
- chairing Scottish Parliamentary Corporate Body meetings
- chairing Parliamentary Bureau meetings
The Presiding Officer also represents the Parliament within the UK and abroad. Including, as set out in Standing Orders “in discussions and exchanges with any parliamentary, governmental, administrative or other body, whether within or outwith the United Kingdom”.
The Presiding Officer does not take part in debates in the Chamber and does not usually vote. The Presiding Officer may vote in certain circumstances where the Parliament is tied on a vote. Rule 11.5.5 of the Parliament’s Standing Orders provides that:
Except in the case of a vote at an election or a selection process under Rule 11.9 or 11.10 [these Rules govern the election of the Presiding Officer, Deputy Presiding Officers and selection of a nominee for First Minister] the Presiding Officer shall exercise a casting vote in the event of a tie in any vote at a meeting of the Parliament, but shall not otherwise vote in the Parliament.
How does the role of Deputy Presiding Officer differ?
Whilst chairing meetings of the Parliament, Deputy Presiding Officers must act impartially. They are not, however, required to give up their party affiliation in the way the Presiding Officer does. Deputy Presiding Officers can, for example, continue to speak in debates, ask questions of Minister and are able to introduce legislation through a Member’s Bill. They are also able to vote as MSPs whilst not chairing a meeting of the Parliament.
The Parliament elects two Deputy Presiding Officers, as specified in section 19 of the Scotland Act 1998 and Rule 3.3.1. of Standing Orders.
What is the process for the election of a new Presiding Officer?
The Scotland Act 1998 (section 19) provides that the Parliament must select a Presiding Officer and two Deputy Presiding Officers following a general election. Further, the Act requires that:
The Parliament must do so—
(a) before it conducts any other proceedings, except the taking by its members of the oath of allegiance… [SPICe has published an explainer blog about the swearing in of MSPs and the taking of the Oath of allegiance], and
(b) in any event, within the period of 14 days beginning immediately after the day of the poll at the election [if the election date has moved then slightly different timings apply]
The outgoing Presiding Officer (on this occasion Alison Johnstone MSP) chairs the meeting of the Parliament at which an MSP is elected as Presiding Officer.
Rule 3.2 of Standing Orders concerns the election of the Presiding Officer. That Rule specifies that:
…at the first meeting of the Parliament, the voting period at the election (“the voting period”) shall take place at such time during the first meeting as may be notified in the Business Bulletin or as may be appointed by the person chairing the meeting. Where the election takes place at a subsequent meeting, the date and time for the voting period shall be appointed by the person who chaired the first meeting…and notified in the Business Bulletin.
Any MSP may be nominated for Presiding Officer. According to Standing Orders, an MSP can nominate a candidate for Presiding Officer no earlier than 2 hours, and not later than an hour, before the voting period begins. Nominations must be in writing and submitted to the Clerk. A nomination must also be seconded by another MSP.
An MSP who is nominated as a candidate for Presiding Officer must have taken the oath of allegiance or make a solemn affirmation before the beginning of the voting period. If they have not done so, their nomination is rejected.
Once the voting period begins, the Presiding Officer announces the name or names of the candidate(s) whose nominations are valid.
Rule 11.9 of Standing Orders governs the voting process. The vote is by secret ballot. If there is more than one candidate then more than one round of voting may be required. Rule 11.9.3 specifies that:
The result of any vote under this Rule is valid only if the number of members who voted is more than one quarter of the total number of seats for members. For this purpose, in calculating the number of members who voted—
(a) account shall be taken not only of those voting for or against a candidate, but also of those voting to abstain; and
(b) where there is more than one round of voting the result of each round of voting shall be treated as a separate result and the number of members who voted shall be taken to be the total number who voted in that round.
Any candidate for Presiding Officer can appoint another MSP to act as a ‘scrutineer’ on that candidate’s behalf. Each scrutineer can monitor the counting of votes by the Clerk and is able to request a re-count of votes which can only be refused if the Clerk deems it unreasonable.
At the beginning of each round of voting, an MSP can get a ballot paper from the Clerk. Members who take a ballot paper must immediately mark their vote on the ballot paper and put the ballot paper in the ballot box. Once a member has voted, they cannot obtain another ballot paper or vote during that round of voting.
If there is only one candidate, then members can vote for or against that candidate. When the voting is complete, the votes are counted and the outgoing Presiding Officer declares the number of votes for the candidate, the number of votes against the candidate and the number of votes to abstain. The candidate for Presiding Officer is elected if they secure a simple majority of votes. Rule 11.11.2 of Standing Orders provides that:
A simple majority means that the number of members voting for a proposition is more than the number of members voting against that proposition. No account shall be taken of any members who vote to abstain.
If there is more than one candidate in a round of voting, MSPs can vote for one of the candidates or abstain. Again, votes are counted and results are declared. If there are two candidates, a candidate is elected on a simple majority.
If there are more than two candidates in a round of voting, and the number of votes for one candidate exceeds the total number of votes for all the other candidates, that candidate is elected.
If there are two or more candidates, the candidate or candidates with the smallest number of votes is eliminated. A further round or rounds of voting take place until a candidate is elected by receiving a simple majority or because they received more votes than the total votes for all other candidates. Candidates are also able to withdraw at any time between rounds of voting.
If no MSP is elected as Presiding Officer then a further period of voting is arranged.
Once a Presiding Officer has been elected, or where no candidate has been elected, the Clerk destroys all ballot papers.
Election of Deputy Presiding Officers
Once a Presiding Officer has been chosen, two Deputy Presiding Officers must be elected. The newly elected Presiding Officer chairs the meeting during which Deputy Presiding Officers are elected.
Rule 3.2 of Standing Orders requires that this election take place after the election of the Presiding Officer, and before any other business is conducted
Similar to the nomination process for the Presiding Officer, nominations for Deputy Presiding Officer can be made two hours before, but no less than 1 hour before the voting period begins. Nominations must be in writing, seconded by another member and submitting to the Clerk. As with the Presiding Officer, any member nominated for the role of a deputy must have taken the oath of allegiance or made a solemn affirmation for their nomination to be valid.
At the start of the voting period, the Presiding Officer announces the names of the candidates and an election is held, again under Rule 11.9 of Standing Orders.
The process for voting for a deputy is the same as that for the Presiding Officer (subject to the rules about political party representation and gender balance explained below).
Rule 3.2.7 of Standing Orders, in accordance with the Scotland Act 1998, states that:
…the candidates in the election for the second deputy Presiding Officer shall be the candidates not elected in the election for the first deputy Presiding Officer, except that, where the Presiding Officer and the first deputy Presiding Officer represent the same political party, any candidate representing that party shall not be a candidate for election as the second deputy Presiding Officer.
Gender balance
To date there have been no rules about gender balance of the Presiding Officer and deputies. The Scottish Parliament’s Session 6 Gender Sensitive Audit led to the Standards, Procedures and Public Appointments Committee recommending to the Parliament that gender balance be considered in the appointment of the Presiding Officer and deputy Presiding Officers with a requirement that there be one male and one female.
A new Rule has been added to Standing Orders (effective from 11 May 2026) to provide that:
Where the Presiding Officer and the first deputy Presiding Officer are the same gender, any candidate of that same gender shall not be a candidate for election as the second deputy Presiding Officer.
The rules on political party representation and gender balance mean that, after the first Deputy Presiding Officer has been elected, the remaining candidates will automatically become candidates for the second Deputy Presiding Officer role, except where the elected Deputy Presiding Officer is from the same political party, or is the same gender, as the Presiding Officer. If that occurs, any remaining candidates from that political party or of that gender are disqualified.
For how long do the Presiding Officer and Deputies hold office?
The Presiding Officer and Deputy Presiding Officers are office holders for the term of the Parliament.
The Scotland Act 1998 (section 19(2)) provides that:
A person elected Presiding Officer or deputy shall hold office until the conclusion of the next election for Presiding Officer under subsection (1) unless he previously resigns, ceases to be a member of the Parliament otherwise than by virtue of a dissolution or is removed from office by resolution of the Parliament.
The Parliament also has the power to appoint additional deputies to the two Deputy Presiding Officers required by Section 19 of the Scotland Act 1998. This is provided for in section 19(2A) of the Act. The provision is there should, for example, a Deputy Presiding Officer be ill. Deputies appointed under section 19(2A) may hold office for a shorter period of time. Lewis Macdonald was, for example, appointed as a temporary Deputy Presiding Officer on 1st April 2020 (until 14 May 2021) as part of the Parliament’s response to the Covid-19 pandemic.
Officers of the Parliament may resign their office at any time by giving notice to the Clerk. The Presiding Officer or a deputy may also be removed from office. For this to happen, a member must propose that an officer be removed in a motion. The motion must be seconded by another MSP. It is then for the Parliament to vote on the motion. Rule 3.5 of Standing Orders provides that “Such a decision shall, if taken by division, require an absolute majority.”
Rule 11.11.3 of Standing Orders states that:
An absolute majority means that the number of members voting for a proposition is more than half of the total number of seats for members of the Parliament or, in the case of a committee or sub-committee, more than half of the number of members of that committee or sub-committee.
Sarah McKay, SPICe Research