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  1. Constitutions
  2. United Kingdom of Great Britain and Northern Ireland
  3. Choice of the First Minister.

🇬🇧 United Kingdom of Great Britain and Northern IrelandConstitution

Scotland Act 1998

Choice of the First Minister.

Jurisdiction
United Kingdom of Great Britain and Northern Ireland
Provision
46
Source language
English
Recorded status
in force
More details
Recorded status
in force

Provision text

Official source
1 If one of the following events occurs, the Parliament shall within the period allowed nominate one of its members for appointment as First Minister. 2 The events are— a the holding of a poll at a general election, b the First Minister tendering his resignation to Her Majesty, c the office of First Minister becoming vacant (otherwise than in consequence of his so tendering his resignation), d the First Minister ceasing to be a member of the Parliament otherwise than by virtue of a dissolution. 3 The period allowed is— a the period of 28 days which begins with the day on which the event in question occurs, but— i if another of those events occurs within the period allowed, that period is extended (subject to sub-paragraph (ii)) so that it ends with the period of 28 days beginning with the day on which that other event occurred, and ii the period ends if the Parliament passes a resolution under section 3(1)(a) or when His Majesty appoints a person as First Minister, but b if the Parliament does not meet within the period of 7 days beginning immediately after the day of the poll at a general election that was held on a day proposed by the Presiding Officer in accordance with a proclamation made by His Majesty under section 2(5) or (5E), the initial period of 28 days calculated under paragraph (a) is to be extended by disregarding any days in the period subsequent to that 7 day period and before the Parliament first meets. 4 The Presiding Officer shall recommend to Her Majesty the appointment of any member of the Parliament who is nominated by the Parliament under this section.

Source record

Source and verification

Scotland Act 1998 · legislation.gov.uk · Retrieved 17 August 2026.

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