5Power to make further provision about non-surgical procedures(1)

The Scottish Ministers may by regulations impose further restrictions and requirements in relation to the provision of non-surgical procedures.

(2)

Regulations under subsection (1) may—

(a)

modify any enactment (including this Act),

(b)

create an offence in connection with a contravention of a restriction, or failure to comply with a requirement, imposed by virtue of the regulations.

(3)

Regulations under subsection (1) may, in particular—

(a)

impose different restrictions and requirements by reference to categories of non-surgical procedure as specified in the regulations,

(b)

specify persons, or descriptions of persons, who may provide, or supervise the provision of, a non-surgical procedure,

(c)

specify requirements about the training or qualifications of persons who may provide, or supervise the provision of, a non-surgical procedure,

(d)

confer functions relating to the enforcement of restrictions and requirements imposed by virtue of the regulations,

(e)

require providers of non-surgical procedures to—

(i)

carry out and document a pre-procedure assessment of relevant medical history, and

(ii)

ensure that enhanced informed consent procedures are followed where factors are identified that may increase the risk of harm.

(4)

Regulations under subsection (1) may make different provision in relation to the provision of non-surgical procedures to different descriptions of persons to take account of any risks associated with providing non-surgical procedures to those persons, including risks relating to those persons’—

(a)

medical history,

(b)

anatomical factors, and

(c)

mental health.

(5)

The maximum penalty that may be provided for in regulations under that subsection is—

(a)

on summary conviction, a fine not exceeding £20,000,

(b)

on conviction on indictment, a fine.

(6)

Subject to subsection (7), the Scottish Ministers must, by no later than the end of the period of 3 years beginning with the day on which section 3 comes into force, lay a draft of a Scottish statutory instrument containing regulations under subsection (1) specifying—

(a)

persons, or descriptions of persons, who may provide, or supervise the provision of, a non-surgical procedure, and

(b)

requirements about the training or qualifications of persons who may provide, or supervise the provision of, a non-surgical procedure.

(7)

If the Scottish Ministers consider that it is not practicable to lay such a draft Scottish statutory instrument (or lay two or more such draft instruments which, taken together, specify each of the matters mentioned in paragraphs (a) and (b) of subsection (6)) before the Scottish Parliament within the period mentioned in that subsection, they must before the end of the period lay a report before the Parliament explaining why they are unable to comply with the duty under that subsection.