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

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14UK internal market: power to establish individual assessment process

(1)The Scottish Ministers may by regulations make provision for or in connection with the establishment and administration of one or more processes to which section 26 of the 2020 Act applies under which individuals may apply for approval to provide, or supervise the provision of, in Scotland—

(a)non-surgical procedures, or

(b)licensed procedures.

(2)Regulations under subsection (1) may, in particular, make provision in relation to—

(a)the form and manner of an application,

(b)the procedure for making an application,

(c)the information to be provided in connection with an application,

(d)any fees to be paid in connection with an application,

(e)the designation of a person (which may include the Scottish Ministers) (“the regulator”) responsible for—

(i)making decisions in relation to applications, and

(ii)other matters in connection with administering the process (or processes),

(f)the duties and powers of a regulator in connection with an application,

(g)reviews of the regulator’s decisions in relation to applications,

(h)appeals against the regulator’s decisions in relation to applications.

(3)Regulations under subsection (1) may—

(a)modify any enactment (including this Act),

(b)create an offence of making a false or misleading statement in connection with an application,

(c)designate different persons as the regulator in relation to different processes.

(4)The maximum penalty that may be provided for in regulations under subsection (1) for a person who commits an offence created by regulations under that subsection is, on summary conviction, a fine not exceeding level 5 on the standard scale.

(5)In this section—

  • “the 2020 Act” means the United Kingdom Internal Market Act 2020,

  • “licensed procedure” means a non-surgical procedure within the meaning of the Civic Government (Scotland) Act 1982 (Licensing of Non-surgical Procedures) Order 2026 (S.S.I. 2026/87).

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