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Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Act 2026

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Act 2026. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. The Act

    1. Overview

      1. Part 1: Non-surgical Procedures

        1. Section 1: Meaning of “non-surgical procedure”

          1. Non-surgical procedures specified in schedule 1

        2. Section 2: Offence of providing a non-surgical procedure to person under 18

        3. Section 3: Offence of providing a non-surgical procedure outwith permitted premises

        4. Section 4: Meaning of “permitted premises”

          1. Independent health care services

          2. Independent clinics and independent hospitals: service to be registered with HIS

          3. Independent clinics and independent hospitals: requirements relating to premises

          4. Independent clinic: services to be provided or managed by certain persons

          5. Other settings

          6. Power to modify the meaning of “permitted premises”

        5. Section 5: Power to make further provision about non-surgical procedures

        6. Sections 6 to 11: Enforcement powers

          Section 6: Meaning of “authorised person”

        7. Section 7: Powers of entry, search and seizure

        8. Section 8: Restrictions on powers of entry, search and seizure

        9. Section 9: Conditions for issue of warrant

        10. Section 10: Expiry of warrant

        11. Section 11: Offence of obstructing an authorised person

        12. Sections 12 and 13: Enforcement of offences

          Section 12: Penalties

        13. Section 13: Individual culpability where offending by an organisation

        14. Section 14: UK internal market: power to establish individual assessment process

        15. Section 15: Minor and consequential modifications of the 1978 Act

        16. Section 17: Guidance about the provision of non-surgical procedures

        17. Section 18: Review of Part 1

      2. Part 2: Certification of death and authorisation of cremation or hydrolysis

        1. Section 19: Certification of death

          1. Certificate that has been referred under section 24A of the 1965 Act

          2. Certificate that has been, or is being, reviewed under section 8(1) of the 2011 Act

          3. Medical reviewers’ power to reject application for review

        2. Section 20: Authorisation of cremation or hydrolysis

      3. Part 3: General provisions

        1. Section 21: Ancillary provision

        2. Section 22: Regulation-making powers

        3. Section 23: Regulations subject to the affirmative procedure: consultation

        4. Section 24: Commencement

        5. Section 25: Short title

  3. Note on Interpretation

  4. Crown Application

  5. Parliamentary History

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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