45The First Minister
(1)The First Minister shall be appointed by Her Majesty from among the members of the Parliament and shall hold office at Her Majesty’s pleasure.
(2)The First Minister may at any time tender his resignation to Her Majesty and shall do so if the Parliament resolves that the Scottish Executive no longer enjoys the confidence of the Parliament.
(3)The First Minister shall cease to hold office if a person is appointed in his place.
(4)If the office of First Minister is vacant or he is for any reason unable to act, the functions exercisable by him shall be exercisable by a person designated by the Presiding Officer.
(5)A person shall be so designated only if—
(a)he is a member of the Parliament, or
(b)if the Parliament has been dissolved, he is a person who ceased to be a member by virtue of the dissolution.
(6)Functions exercisable by a person by virtue of subsection (5)(a) shall continue to be exercisable by him even if the Parliament is dissolved.
(7)The First Minister shall be the Keeper of the Scottish Seal.