12 May 2026
84.Section 15 introduces schedule 2 of the Act, which makes minor and consequential modifications of the 1978 Act in relation to the provision of non-surgical procedures.
85.At present, section 10A of the 1978 Act sets out that that HIS—
is to exercise the functions conferred on it by virtue of the 1978 Act and any other enactment (including the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (“
has the general duty of furthering improvement in the quality of health care, and of services provided under the 2021 Act.
86.Paragraph 2 of schedule 2 of the Act amends section 10A of the 1978 Act to make clear that HIS has functions under this Act and to expand HIS’s general duty to furthering the improvement of the provision of non-surgical procedures.
87.Paragraph 3 of schedule 2 of the Act amends section 10S of the 1978 Act so that requirements of regulations made under section 5 of the Act are “relevant requirements” for the purpose of section 10S(1) of the 1978 Act. That section allows HIS, after the expiry of the period specified in an improvement notice, to propose to cancel the registration of the independent health care service in question on the ground that the service is being, or has at any time been, carried on other than in accordance with the relevant requirements.
88.Paragraphs 4 and 5 add Part 1 of the Act to sections 76 and 77 of the 1978 Act so that inquiries and orders can be made in relation to HIS’s functions with regard to the regulation of the provision of non-surgical procedures. This reflects the extension of HIS’s role under the Act in relation to non-surgical procedures.