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

1 Meaning of “non-surgical procedure”

(1) In this Part (other than in section 14(5)), a “non-surgical procedure”—

(a) means a procedure that is carried out on a natural person which—

(i) pierces or penetrates the person’s skin, including by means of a needle, chemical, medicine, heat, cold, light, laser, sound or electricity, and

(ii) is of a kind specified in schedule 1 (or is a combination of two or more of those kinds of procedures), but

(b) does not include a procedure—

(i) that is provided by a person acting for or on behalf of the health service,

(ii) that is provided by a health care provider for the purpose of, or in connection with, preventing, diagnosing or treating an illness of the person mentioned in paragraph (a),

(iii) that is carried out in relation to a clinical trial (within the meaning given by regulation 2(1) of the Medicines for Human Use (Clinical Trials) Regulations 2004 (S.I. 2004/1031)), or

(iv) the provision of which is designated by an order under section 44 (1) (b) of the Civic Government (Scotland) Act 1982 as an activity for which a licence is required under Part 2 of that Act.

(2) In subsection (1)(b)(ii)—

• “health care provider” means—

  (a)

  an independent health care service that is registered under section 10P of the 1978 Act,

  (b)

  a regulated health care professional, or

  (c)

  a person who, in providing the procedure, is acting in accordance with the directions of a regulated health care professional,

• “illness” includes—

  (a)

  mental disorder within the meaning of section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003, and

  (b)

  any injury or disability requiring medical, surgical or dental treatment, or nursing.

(3) In subsection (2), “regulated health care professional” means a person who is regulated by any of the following—

(a) the General Medical Council,

(b) the General Dental Council,

(c) the General Optical Council,

(d) the General Osteopathic Council,

(e) the General Chiropractic Council,

(f) the General Pharmaceutical Council,

(g) the Nursing and Midwifery Council,

(h) the Health and Care Professions Council.

(4) The Scottish Ministers may by regulations modify subsection (3).

(5) The Scottish Ministers may by regulations modify schedule 1.