Commentary on Provisions Scottish Parliament elections Section 30 – Choice of new First Minister after changed election date
92.Section 46 of the 1998 Act requires the Parliament, within the period allowed in subsection (3), to nominate a First Minister if one of the events mentioned in subsection (2) of that section occurs.(18) The period allowed for nomination is normally 28 days after the occurrence of the event in question. If the Parliament fails to make a nomination within that period, then the Presiding Officer is required by section 3(1)(b) to propose a day for the holding of an extraordinary general election.
93.This section creates a small exception by amending section 46 so that if Parliament does not meet within the period of 7 days immediately after the day of the poll at a general election which was held on a day proposed by the Presiding Officer in accordance with a proclamation made by His Majesty under section 2(5) or new section 2(5E), any delay beyond the normal 7 day deadline for the first meeting is not counted as part of the 28 day period under section 46.