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

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

(1) It is an offence for a person to provide a non-surgical procedure to another person (“the client”) who is under the age of 18.

(2) It is a defence for a person charged with an offence under subsection (1) (“the accused”) to show that the accused—

(a) had taken reasonable steps to establish the client’s age before providing the non-surgical procedure, and

(b) reasonably believed that the client was aged 18 or over at the time of providing the non-surgical procedure.

(3) Without limiting the generality of subsection (2)(a), the accused is to be regarded as having taken reasonable steps to establish the client’s age before providing the non-surgical procedure if the accused had taken such steps to establish the client’s age as the Scottish Ministers may by regulations specify.

(4) It is to be regarded as shown that the accused took the reasonable steps mentioned in paragraph (a) of subsection (2), or had the reasonable belief mentioned in paragraph (b) of that subsection, if—

(a) enough evidence is adduced to raise an issue as to whether that is the case, and

(b) the prosecution does not prove beyond reasonable doubt that is not the case.