Once MSPs are sworn in and a Presiding Officer and two Deputy Presiding Officers have been elected, the Parliament must nominate a candidate for First Minister of Scotland. The official title is First Minister and Keeper of the Scottish Seal. The selection of a candidate for Nomination as First Minister is expected to take place on 19 May 2026.
This blog explains how the Parliament nominates a candidate for First Minister.
What does the Scotland Act 1998 say?
Section 45 of the Scotland Act 1998 provides that the First Minister shall be appointed by the King “from among the members of the Parliament”.
Section 46 of the Scotland Act sets out the circumstances in which, and how the Scottish Parliament should nominate a First Minister. The same section provides that the Parliament has 28 days (unless certain specified intervening circumstances arise) from the date of the poll at the general election to do this.
Once the Parliament has selected its candidate for First Minister, the Presiding Officer recommends to the King that the candidate selected be appointed as First Minister of Scotland. The First Minister is then appointed by Royal Warrant (a legal document authorised by the King) and is sworn in at the Court of Session.
The appointment is made by…Royal Warrant. The Warrant is presented to the Lord President in the Court of Session when the First Minister is sworn in.
What do the Parliament’s Standing Orders say about the process for nominating a First Minister?
Chapter 4 of the Parliament’s Standing Orders detail the provisions for the Scottish Parliament nominating a First Minister.
Chapter 4 provides that the date and time for the voting period (i.e., the time when members of the Scottish Parliament vote) to select a nominee for First Minister following a general election shall be determined by the Presiding Officer. The first voting period must, according to Rule 4.1.2(a), be “not be later than 14 days after the date of the general election”.
Any member can nominate a candidate for appointment as First Minister. This must be done no later than 30 minutes before the voting period for selection of a nominee and must be done by submitting a written nomination to the Clerk. For a nomination to be valid, it must be seconded by another member of the Parliament.
Members nominated as a candidate for First Minister must have taken the oath of allegiance or made a solemn affirmation otherwise their nomination is invalid.
At the start of the voting period the Presiding Officer announces the name(s) of the candidate or candidates. The nominee is then selected in accordance with Rule 11.10 ‘Selection of the First Minister’.
Each member has one vote when selecting a nominee for appointment as First Minister unless a second round of voting is required. The result of the Parliament’s vote 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—
- account shall be taken not only of those voting for or against a candidate, but also of those voting to abstain; and
- 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.
Where there is only one candidate nominated to be appointed as First Minister, the candidate is selected “if a simple majority of votes in the candidate’s favour is obtained.” The same applies in instances where there are two candidates in a round of voting. 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 are more than two candidates in a round of voting, then a candidate can be successful where the number of votes for them exceeds the total number of votes cast for all of the other candidates. If this does not happen, the candidate with the lowest number of votes is eliminated (or they withdraw) and further voting continues. In instances where candidates receive the same number of votes, no candidate is selected and a further selection process is set.
There is no specified limit on the number of rounds of voting which can occur.
Whilst the First Minister usually represents the largest party in the Scottish Parliament, this does not have to be the case.
What if the Parliament cannot agree on a nomination for appointment as First Minister?
As set out above, section 46 of the Scotland Act 1998 provides that the Parliament has 28 days from the date of the poll at a general election to select a nominee for appointment as First Minister.
Where the period of 28 days elapses without such a nomination being made then the Presiding Officer shall, in terms of section 3(1)(b) of the Scotland Act 1998, propose a date for the holding of an extraordinary general election.
This process will see the appointment of the eighth First Minister of Scotland.
Sarah McKay, SPICe Research