First Minister election: How will John Swinney become First Minister? When will the vote be held?

How does John Swinney go from being SNP leader to being First Minister of Scotland?

John Swinney has officially been crowned the new SNP leader, and could very quickly become the next first minister. It is expected the election of Mr Swinney as first minister will happen as early as Tuesday afternoon.

But how does this actually happen?  The Scotsman takes a look at all you need to know about how a First Minister is elected in the Scottish Parliament. 

What needs to happen first?

First off, Humza Yousaf needs to actually step down officially by submitting his resignation to King Charles III. His resignation speech in Bute House last week was technically only an intention to resign.

Once his resignation is official, the Scottish Parliament must appoint a new first minister within 28 days. 

How does a first minister election work?

Those wanting to stand to be first minister must submit their candidacy at least 30 minutes before the vote, and must be seconded by another MSP.

The Scotsman expects other party leaders to put themselves forward to stand against Mr Swinney - that happened last year when Mr Yousaf stood against Scottish Conservative leader Douglas Ross, Scottish Labour leader Anas Sarwar, and Scottish Lib Dem leader Alex Cole-Hamilton.

MSPs will then vote on all the candidates in favour or against - any abstentions are disregarded. If there is only one candidate, they only need a simple majority to win.

However, if there is more than one candidate, rounds of voting are held, with the candidate with the fewest votes being eliminated in each round until one candidate receives more votes in favour than all the other candidates combined.

Last year this happened in the first round of voting, as Mr Yousaf got 71 votes compared to 57 for all the other candidates.

When will the vote take place?

The Scotsman expects the vote to happen on Tuesday afternoon, after 2pm. However, the parliamentary bureau, which decides whether or not to alter the timetable to allow a vote, won’t meet until midday on Tuesday.

What happens once John Swinney is chosen?

Once he is selected, Presiding Officer Alison Johnstone will recommend King Charles III appoints Mr Swinney as first minister.

He will then be officially sworn in at the Court of Session in Edinburgh, Scotland’s senior civil court - this could happen on Wednesday.

The Lord President of the Court of Session administers the official declaration, or oath of office, and declares the new first minister as the Keeper of the Scottish Seal.

Mr Swinney will also be asked to carry out an oath of allegiance to King Charles III and be invited to a private audience with him. As first minister, he will also become a member of the Privy Council of the United Kingdom.

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When will we find out what happens to Kate Forbes?

In his leadership launch speech, Mr Swinney promised to give Ms Forbes a significant role in his Cabinet.

There was speculation she would run against Mr Swinney to become SNP leader after securing 48 per cent of the vote last year. However, after talks between the two she agreed not to stand, in exchange for a top government job.

A Cabinet reshuffle is expected to happen on Wednesday, where we will then find out what job Ms Forbes will get. 

Will there be an early Scottish election?

It is now highly unlikely. If deliberations on who should be the new first minister go on for longer than 28 days, then an election will be held.

But given how many seats the SNP has in Holyrood, it is very unlikely it will get to this stage.

The other option is if MSPs vote on holding an early election and more than two-thirds (86) support the idea - again, this is highly unlikely.