The Act
Overview
Part 1: Non-surgical Procedures
Section 1: Meaning of “non-surgical procedure”
6.This section defines a “
7.A non-surgical procedure is a procedure that:
pierces or penetrates an individual’s skin, including by means of a needle, chemical, medicine, heat, cold, light, laser, sound or electricity, and
is of a kind specified in schedule 1 of the Act.
8.But a non-surgical procedure does not include a procedure:
that is provided by a person acting for or on behalf of the NHS in Scotland,
that is covered by the health care exception set out in section 1(1)(b)(ii) of the Act,
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
that is an activity for which a licence is required under Part 2 of the Civic Government (Scotland) Act 1982 (including the Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Order 2006 (S.S.I. 2006/43) and the Civic Government (Scotland) Act 1982 (Licensing of Non-surgical Procedures) Order 2026 (S.S.I. 2026/87)).
9.The health care exception set out in section 1(1)(b)(ii) of the Act covers a procedure that is provided by a health care provider (as defined in section 1(2) of the Act) for the purpose of, or in connection with, preventing, diagnosing or treating an illness of the person receiving the procedure.
10.Note that for the purpose of section 1(1)(b)(ii) of the Act, the inclusive definition of “
11.Section 1(2) defines a “health care provider” as meaning an independent health care service (within the meaning of section 10F of 1978 Act) that is registered with HIS under section 10P of the 1978 Act; a person who is regulated by one of the bodies listed in subsection (3); or a person who is acting in accordance with the directions of such a person.
12.An independent health care service that is not registered with HIS under section 10P of the 1978 Act cannot be covered by the health care exception. It is an offence under section 10Z9(1) of the 1978 Act for a person to provide (meaning to carry on or manage) an independent health care service while the service is not registered with HIS under section 10P of the 1978 Act (see the meaning of “provide” in this context under section 10Z18 of the 1978 Act).
13.The persons who are regulated by a body listed in subsection (3) are a/an:
anaesthesia associate,
art therapist,
biomedical scientist,
chiropodist or podiatrist,
chiropractor,
clinical dental technician,
clinical scientist,
dental hygienist,
dental nurse,
dental technician,
dental therapist,
dentist,
dietitian,
dispensing optician,
doctor (medical practitioner),
hearing aid dispenser,
midwife,
nurse (registered nurse),
occupational therapist,
operating department practitioner,
optometrist,
orthodontic therapist,
orthoptist,
osteopath,
paramedic,
pharmacist,
pharmacy technician,
physician associate,
physiotherapist,
practitioner psychologist,
prosthetist or orthotist,
radiographer,
speech and language therapist,
student dispensing optician,
student optometrist.
14.The health care exception means that, where these persons provide, or direct the provision of, a procedure for the purpose of, or in connection with, preventing, diagnosing or treating an illness of the person receiving the procedure, the procedure is not a “non-surgical procedure” covered by the Act. Separately, some of these persons are also listed in section 4(2) of the Act - for example, a registered medical practitioner and a nurse independent prescriber. Section 4(2) of the Act specifies which regulated persons may provide or manage an independent clinic service (that is registered under section 10P of the 1978 Act and whose premises meet specified conditions) in which non-surgical procedures may be lawfully provided in accordance with section 3 of the Act as “permitted premises”. This meaning of “permitted premises” is distinct from and does not affect the health care exception set out in section 1(1)(b)(ii) of the Act.
15.Subsection (4) provides that the Scottish Ministers may by regulations amend the list of health regulators in subsection (3). Section 22(3) of the Act provides that this power is subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 for the meaning of “the negative procedure”).
Non-surgical procedures specified in schedule 1
16.Subsection (1)(a)(ii) introduces schedule 1 of the Act which specifies descriptions of procedures that fall within the definition of a non-surgical procedure for the purposes of the Act.
17.Ablative laser treatment is specified in paragraph 1. In addition to procedures which remove one or more layers of skin, lights and lasers can be used in a variety of other procedures. Other procedures involving lasers which do not have an ablative effect (that is, procedures which do not involve the removal of layers of skin) are designated as an activity for which a licence is required under Part 2 of the Civic Government (Scotland) Act 1982 by the Civic Government (Scotland) Act 1982 (Licensing of Non-surgical Procedures) Order 2026 (S.S.I. 2026/87).
18.Chemical peels are specified in paragraph 2. Chemical peels may remove skin at a variety of depths depending on the strength and composition of substance used in connection with the peel and/or the duration of the application of the substance. Chemical peels which penetrate the skin but not beyond the epidermis (the skin’s outer layer) are designated as an activity for which a licence is required under Part 2 of the Civic Government (Scotland) Act 1982 by the Civic Government (Scotland) Act 1982 (Licensing of Non-surgical Procedures) Order 2026 (S.S.I. 2026/87).
19.Dermal microcoring is specified in paragraph 3. The small cores of skin tissue that are removed by this procedure are typically less than half a millimetre in diameter.
20.Injectable procedures are specified in paragraph 4. These procedures must be for a cosmetic or wellbeing purpose (as defined in paragraph 14 of schedule 1). The procedures include:
the administration of dermal fillers in smaller quantities such as to change the shape of the face or lips, or to reduce the appearance of wrinkles,
the administration of dermal fillers in larger quantities to, for example, augment the shape of the breast or buttocks, such as a non-surgical Brazilian butt lift (or BBL),
botulinum toxin (Botox) injections.
21.Licensed procedures carried out with prescribed anaesthetic or on an intimate area are specified in paragraphs 6 and 7. These are procedures that are specified in schedule 1 of the Civic Government (Scotland) Act 1982 (Licensing of Non-surgical Procedures) Order 2026 but for which a prescribed anaesthetic is used or which are carried out on an intimate area (except for non-ablative laser treatment for hair removal).
22.Microneedling is specified in paragraph 8. This procedure may be carried out at a range of depths. Microneedling that delivers radio frequency electromagnetic radiation meets the definition of a non-surgical procedure for the purposes of the Act regardless of the depth at which it is carried out. Otherwise, microneedling must be carried out at a depth of 1.5 millimetres or more to meet the definition of a non-surgical procedure for the purposes of the Act. Microneedling that is carried out at a depth of less than 1.5 millimetres (not involving the use of radio frequency electromagnetic radiation) is designated as an activity for which a licence is required under Part 2 of the Civic Government (Scotland) Act 1982 by the Civic Government (Scotland) Act 1982 (Licensing of Non-surgical Procedures) Order 2026 (S.S.I. 2026/87). Paragraph 9 sets out exceptions to paragraph 8 for acupuncture, cosmetic body piercing, electrolysis, tattooing and use of a microneedle to inject or administer a substance. (Acupuncture, cosmetic body piercing, electrolysis and tattooing are excluded from the meaning of “non-surgical procedure” for the purpose of the Act by section 1(1)(b)(iv) as they are licensed procedures under the Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Order 2006 (S.S.I. 2006/43) but only where those procedures are provided in the course of a business.)
23.Thread lift is specified as being a non-surgical procedure in paragraph 11. It is also referred to as a thread and cog lift, particularly where the thread used is textured.
24.Section 1(5) of the Act provides that the Scottish Ministers may by regulations amend the list of non-surgical procedures specified in schedule 1. Section 22(4) of the Act provides that this power is subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 for the meaning of “the affirmative procedure”).
- Previous
- Explanatory Notes Table of contents
- Next