The 2026 Scottish Parliament General Election

As preparations for the upcoming election to the Scottish Parliament increase, we are launching a series of updates to shine a light on the process. While the election is political, its conduct is governed by law.

In this article, we consider the election’s legal framework and what it means for the both the current and future Scottish Parliament and Government.

When is the Election?

Under the Scotland Act 1998, an election for all members of the Scottish Parliament is to be held on the first Thursday in May in the fifth year following the previous ‘ordinary’ election.

The previous ordinary election was held on 6 May 2021 and so the next is due to be held on 7 May 2026, but this date could be varied by the Presiding Officer so that it takes place up to four weeks earlier or eight weeks later.

The Scotland Act also provides for ‘extraordinary’ elections outwith the five-year pattern where two thirds of MSPs resolve that the Scottish Parliament should be dissolved or where the Parliament has failed, for a period of 28 days, to nominate an MSP as First Minister.

Notably, however, extraordinary elections do not generally interrupt the five-year period for ordinary elections unless the extraordinary election was held within the preceding six months. Even in this scenario, while the immediate ordinary election will not be held, the five-year period for the next ordinary election will run as ‘normal’.

What happens to the current Parliament and Government?

Under section 2(3) of the Scotland Act, the Scottish Parliament is dissolved twenty working days in advance of an ordinary election. In this instance, it is therefore expected that the Scottish Parliament will be dissolved on 9 April 2026.

For current MSPs, their term of office in that capacity will end at the dissolution.

Despite this, the First Minister remains in office until they resign or are replaced, and the Scottish Ministers they have appointed also remain in office until they resign or are removed by the First Minister. The current Scottish Government, therefore, will continue to operate between the dissolution and the establishment of its successor.

Under the Standing Orders of the Scottish Parliament (the rules governing its procedure), Bills which are under consideration at the date of dissolution but not yet passed will fall. To be considered in future, Bills which have fallen must begin the parliamentary process afresh.

Who forms the next Parliament and Government?

As at Westminster, the Scottish Parliament has members elected by constituencies by simple majority (commonly referred to as ‘first past the post’). There are 73 of these Constituency MSPs. Unlike Westminster, however, the Scottish Parliament also has regional members who are elected by a form of proportional representation.

Regional memberships are allocated to individuals with the highest ‘regional figure’. For independent candidates, this is the total number of regional votes received. For the candidates of a political party, this is the total number of the party’s regional votes divided by the number of members the party already has in the region plus one. There are 56 Regional MSPs.

The system is designed to allocate the regional seats in the Scottish Parliament to represent the voting intentions which are otherwise most underrepresented and to encourage cross-party working.

Under the Scotland Act, the Scottish Parliament has 28 days from an election to select and nominate an MSP for appointment as First Minister. As we have mentioned, an extraordinary election will be held if the Scottish Parliament fails to do so.

Provided the Scottish Parliament does select one of its members, that individual will be appointed by the King. The First Minister will then appoint other members of the Scottish Parliament to be Ministers but shall not do so without the approval of the Parliament and of the King.

The effect of these provisions is to require the First Minister and the Scottish Ministers to command the support of a majority of MSPs. This can be achieved by a party having a majority of seats, or through an agreement between parties. The system of proportional representation means that the latter is more common in the Scottish Parliament than in the UK Parliament.

As the 2026 election approaches, the legal framework governing the dissolution and formation of Parliament and Government is set to shape a significant period of political activity.

Look out for further instalments in this series and contact your usual Brodies contact if you have any questions about the election process.