Following the announcement by the First Minister Humza Yousaf of his intention to resign as First Minister, here is a short reminder that we previously posted an explanation of the process - set out in the Scotland Act 1998 - that governs the appointment of a new First Minister.

As with his predecessor, Nicola Sturgeon, Mr Yousaf has indicated his intention to remain as First Minister until a new leader of the Scottish National Party is chosen.

There has been some commentary about the legal effect, if any, of a motion of no confidence. A motion of no confidence in the First Minister, if carried, has no legal effect even though it would have significant political implications. However, as our previous post noted, if a motion of no confidence in the Scottish Government is carried then the First Minister in office at that time must resign.


Christine O'Neill KC

Chair & Partner