How is the First Minister of Wales appointed?

Elections to the Senedd (or Welsh Parliament) took place on Thursday 7 May.

This briefing looks at how the First Minister of Wales will be appointed once the Senedd has agreed a nominee.

Post-election events

A candidate to become First Minister of Wales must be nominated by Members of the Senedd (MSs) through a vote in the Senedd. This takes place when a First Minister resigns or following a general election.

Following an election, such a vote in the Senedd can only happen after MSs have chosen a Llywydd (Presiding Officer) and Dirprwy Llywydd (Deputy Presiding Officer).

In the interim, Eluned Morgan remains First Minister of Wales under section 46 of the Government of Wales Act 2006 (“the 2006 Act”), even though she is no longer an MS.

Nomination of First Minister

Under section 47(3) of the 2006 Act, the Senedd has 28 days in which to nominate one of its members for appointment as First Minister.

Under Senedd Standing Order 8, the Llywydd must invite nominations:

If only one nomination is made, the Presiding Officer must declare that Member to be the nominee. If more than one nomination is made, the Presiding Officer must, by roll call in alphabetical order of the membership, invite each Member present to vote for a candidate (except that neither the Presiding Officer nor the Deputies may vote). If two Members have been nominated, the Presiding Officer must declare the candidate who received the greater number of votes cast to be the nominee. If there is an equality of votes between the two candidates a further vote by roll call must take place.

This process continues until a single nominee emerges. Candidates (usually party leaders) address MSs before they vote. The results are then verified and announced by the Llywydd. The successful candidate – who becomes the Senedd’s nominee – is elected by a simple majority.

Theoretically, under section 46 of the 2006 Act, any MS could stand for election as First Minister. In practice, they will be the leader of the party with the most MSs.

Once the Senedd has selected one of its members for appointment as First Minister, section 47(4) of the 2006 Act provides that the Llywydd must send a letter to the King recommending that person for appointment.

This differs to the process in Westminster, where a Prime Minister is appointed by the Monarch under the royal prerogative, usually following a general election.

Swearing in ceremony

A First Minister of Wales is formally appointed via Royal Warrant, a legal document authorised by the King.

Once the Llywydd has informed the Welsh Government of the King’s approval, the new First Minister will take the statutory Official Oath before a Presiding Judge of the Wales circuit. During a short ceremony at the Welsh Government’s headquarters in Cardiff, the First Minister will “swear [to] well and truly serve His Majesty King Charles the Third in the office of First Minister of Wales”.

By custom, a new First Minister of Wales becomes a member of the Privy Council of the United Kingdom, a body which advises the Monarch on their statutory and prerogative powers. It is also likely that the First Minister will be invited to a private audience with the King.