Once MSPs have been sworn in and the Parliament has elected a Presiding Officer and deputies, it selects a nominee for candidate as First Minister. Following the formal appointment of the First Minister and their swearing in at the Court of Session, the First Minister is invited to form a government.
This blog explains how a Scottish Government is formed following a general election to the Scottish Parliament.
What is the Scottish Government?
Section 44 of the Scotland Act 1998 (“the Scotland Act”) provides that the Scottish Government is made up of:
- The First Minister
- Ministers appointed under section 47 of the Scotland Act (this is those generally referred to as Cabinet Secretaries, and does not include junior Ministers)
- The Lord Advocate and the Solicitor General for Scotland (collectively known as the Law Officers).
Is there always a Scottish Government?
Yes. Even through dissolution, the First Minister, Cabinet Secretaries and junior Minister remains in office. This is provided for in the Scotland Act 1998.
The Government is, however, limited in what it can do during the dissolution period. The Scottish Government issued its own guidance in January 2026 on what activities it and public bodies can carry out ahead of the general election. Generally, the Scottish Government is limited to essential business which is described in the Guidance:
The Scottish Government retains its responsibility to govern during the election period and after the Parliament is dissolved, and Ministers remain responsible for their portfolios…Essential business includes discharging statutory functions, responding to a major incident or public health crisis, or any case where postponing a decision or activity would prove detrimental to Scotland’s interest, or would be wasteful of public resources.
More information can be found in the SPICe briefing Dissolution of the Scottish Parliament.
The Scottish Law Officers’ appointment is not tied to membership of the Parliament. As such, they remain in office during the dissolution period and after an election, unless they tender their resignation under section 48 of the Scotland Act or the Parliament resolves that a Law Officer no longer has its confidence (also section 48 of the Scotland Act).
Appointment of a new Scottish Government
The First Minister is able to appoint Scottish Ministers, subject to the agreement of the Parliament and approval by His Majesty the King. This is provided for in section 47 of the Scotland Act 1998.
The Parliament approves any Ministerial appointment as set out in Standing Orders Rule 4.6. Rule 4.6.4 of the Standing Orders states that the result is only valid if there is a division on the motion and:
the number of members who voted is more than one quarter of the total number of seats for members. In calculating the number of members who have voted for this purpose, account shall be taken not only of those voting for or against the motion but also of those voting to abstain.
Appointment of junior Ministers
The First Minister is also able to appoint junior Ministers (again subject to agreement by the Parliament and approval by His Majesty) under section 49 of the Scotland Act.
Rule 4.7 of Standing Orders provides the process for the Parliament to agree to the appointment of Junior Ministers. The process is the same as for the appointment of Ministers.
Is there a statutory limit on the size of the Scottish Government?
No, the Scotland Act does not limit the size of the Scottish Government by specifying a maximum number of Scottish Ministers.
Previous Scottish Governments have varied in size. Nicola Sturgeon’s first Cabinet appointed in May 2021 had eight Cabinet Secretaries in addition to the First Minister, Deputy First Minister and the two law officers. There were also 19 junior Ministers. Under First Minister Humza Yousaf, the Cabinet appointed in March 2023 was made up of 9 Cabinet Secretaries in addition to the First Minister, Deputy First Minister and the two Law officers. There were also16 junior Ministers.
The Scottish Government appointed in May 2024 and led by First Minister, John Swinney, had 10 Cabinet Secretaries and 14 junior Ministers.
A SPICe factsheet which details all Ministers and Law Officers in Session 6 of the Parliament is available.
Sarah McKay, SPICe Research