Commentary on Sections (and Schedules) Part 1: the Assembly and Welsh Government Section 5: First Minister: removal of power to designate after dissolution of Assembly
26.Section 5 inserts additional wording into section 46(5)(c) of GOWA 2006 to clarify that the First Minister retains his post in the event of dissolution of the Assembly.
27.Section 46 provides that the First Minister holds office until Her Majesty accepts his resignation or if another person is appointed to that office. The Presiding Officer can appoint someone to exercise the First Minister’s functions if he dies, becomes unable to act or ceases to be an AM. It was not intended that this power could be exercised by the Presiding Officer where the First Minister has ceased to be an AM only by reason of the dissolution of the Assembly before an election. To put the position beyond doubt, this section amends section 46(5)(c) so that there is no power to appoint a person to exercise the First Minister’s functions just because of the dissolution of the Assembly.