S. 4 not in force at Royal Assent, see s. 24(2)

http://www.legislation.gov.uk/asp/2026/13/section/4Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Act 2026en2026-05-18Statute Law Database2026-05-13Part 1Non-surgical ProceduresOffence of providing a non-surgical procedure outwith permitted premises
4Meaning of “permitted premises”(1)

In section 3, “permitted premises” means—

(a)

premises of a registered independent clinic whose services are provided or managed by a person mentioned in subsection (2) if—

(i)

the address of the premises is entered in the register in relation to the registered independent clinic, or

(ii)

the premises are a vehicle that is not a dwelling of the person to whom the non-surgical procedure is being provided,

(b)

premises the address of which is entered in the register in relation to a registered independent hospital,

(c)

any premises (or vehicle), other than a dwelling or care home, at or in which general dental services are provided in accordance with an agreement pursuant to section 25 of the 1978 Act,

(d)

premises, other than a dwelling or care home, the address of which is specified in an agreement pursuant to section 17C of the 1978 Act as one at which primary medical services are to be provided in accordance with the agreement,

(e)

premises, other than a dwelling or care home, the address of which is specified in a contract pursuant to section 17J of the 1978 Act as one at which general medical services are to be provided in accordance with the contract,

(f)

a registered pharmacy within the meaning of section 74 of the Medicines Act 1968.

(2)

The persons referred to in subsection (1)(a) are—

(a)

a registered medical practitioner,

(b)

a person registered in the dentists register under the Dentists Act 1984,

(c)

a registered nurse who is noted in the Nursing and Midwifery Register as being qualified to order drugs, medicines and appliances as a nurse independent prescriber,

(d)

a registered midwife who is noted in the Nursing and Midwifery Register as being qualified to order drugs, medicines and appliances as a nurse independent prescriber,

(e)

a pharmacist independent prescriber.

(3)

The Scottish Ministers may by regulations modify this section.

(4)

In this section—

“care home” means accommodation occupied exclusively or mainly by individuals aged 16 or over that is provided by an organisation carrying on a care home service (within the meaning of paragraph 2 of schedule 12 of the Public Services Reform (Scotland) Act 2010),

“Nursing and Midwifery Register” means the register maintained under article 5 of the Nursing and Midwifery Order 2001 (S.I. 2002/253),

“pharmacist independent prescriber” means a person who is—

(a)

registered as a pharmacist in—

(i)

Part 1 of the register maintained under article 19 of the Pharmacy Order 2010 (S.I. 2010/231), or

(ii)

the register maintained in pursuance of articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22), and

(b)

noted in that register as being qualified to order drugs, medicines and appliances as a pharmacist independent prescriber,

“the register” means the register maintained under regulation 6 of the Healthcare Improvement Scotland (Applications and Registration) Regulations 2011 (S.S.I. 2011/35),

“registered independent clinic” means an independent clinic within the meaning given by section 10F(2) of the 1978 Act that is registered under section 10P of that Act,

“registered independent hospital” means an independent hospital within the meaning given by section 10F(2) of the 1978 Act that is registered under section 10P of that Act,

“vehicle” means—

(a)

a mechanically-propelled vehicle, or

(b)

a structure that is capable of being moved from one place to another by being—

(i)

towed, or

(ii)

transported on a mechanically-propelled vehicle or trailer.