Part II
- (d) the First Minister ceasing to be a member of the Parliament otherwise than by virtue of a dissolution.
(3) The period allowed is the period of 28 days which begins with the day on which the event in question occurs; but―
- (a) if another of those events occurs within the period allowed, that period shall be extended (subject to paragraph (b)) so that it ends with the period of 28 days beginning with the day on which that other event occurred, and
- (b) the period shall end if the Parliament passes a resolution under section 3(1)(a) or when Her Majesty appoints a person as First Minister.
(4) The Presiding Officer shall recommend to Her Majesty the appointment of any member of the Parliament who is nominated by the Parliament under this section.
Ministers. 47.—(1) The First Minister may, with the approval of Her Majesty, appoint Ministers from among the members of the Parliament.
(2) The First Minister shall not seek Her Majesty’s approval for any appointment under this section without the agreement of the Parliament.
(3) A Minister appointed under this section—
- (a) shall hold office at Her Majesty’s pleasure,
- (b) may be removed from office by the First Minister,
- (c) may at any time resign and shall do so if the Parliament resolves that the Scottish Executive no longer enjoys the confidence of the Parliament,
- (d) if he resigns, shall cease to hold office immediately, and
- (e) shall cease to hold office if he ceases to be a member of the Parliament otherwise than by virtue of a dissolution.
The Scottish Law Officers. 48.—(1) It is for the First Minister to recommend to Her Majesty the appointment or removal of a person as Lord Advocate or Solicitor General for Scotland; but he shall not do so without the agreement of the Parliament.
(2) The Lord Advocate and the Solicitor General for Scotland may at any time resign and shall do so if the Parliament resolves that the Scottish Executive no longer enjoys the confidence of the Parliament.
(3) Where the Lord Advocate resigns in consequence of such a resolution, he shall be deemed to continue in office until the warrant of appointment of the person succeeding to the office of Lord Advocate is granted, but only for the purpose of exercising his retained functions.
(4) Subsection (3) is without prejudice to section 287 of the 1995 c. 43.Criminal Procedure (Scotland) Act 1995 (demission of office by Lord Advocate).
(5) Any decision of the Lord Advocate in his capacity as head of the systems of criminal prosecution and investigation of deaths in Scotland shall continue to be taken by him independently of any other person.
(6) In Schedule 2 to the 1975 c. 24.
1975 c. 27.House of Commons Disqualification Act 1975 (Ministerial offices) and Part III of Schedule 1 to the Ministerial and other Salaries Act 1975 (salaries of the Law Officers), the entries for the Lord Advocate and the Solicitor General for Scotland are omitted.
