The Act
Overview
Part 1: Non-surgical Procedures
Section 2: Offence of providing a non-surgical procedure to person under 18
25.This section creates an offence of providing a non-surgical procedure to a client who is under the age of 18. In terms of providing a non-surgical procedure under this section, it is considered that this could apply to not only the person administering a non-surgical procedure but also to a person (whether an individual or a legal person) providing the procedure in the broader sense of supplying the procedure. Depending on the circumstances, this could include a person who: makes available the premises where the offence is committed, purchases and supplies the materials or substances required in connection with the non-surgical procedure, or who arranges the recruitment (or training) of staff in connection with the provision of non-surgical procedures.
26.Subsection (2) sets out that it is a defence to show that the accused had taken reasonable steps to establish the client’s age and reasonably believed that the client was aged 18 or over. This may apply, for example, where a client has an initial consultation with Person A, who was responsible for checking the client’s age, and Person B administered the non-surgical procedure to the client who was under 18. To be able to rely on the defence, Person B would need to show that they had taken reasonable steps to establish the client’s age, such as checking the initial consultation form recorded that the client’s identification documents were checked by Person A during the initial consultation.
27.Subsection (3) gives an example of when an accused is to be regarded as having taken reasonable steps. That example is when the accused has taken steps to establish the client’s age that have been specified in regulations made by the Scottish Ministers.
28.Under the regulation-making power in subsection (3), the Scottish Ministers may prescribe traditional documents such as a passport or a UK driving licence as acceptable identification. In the future, the power could be used to allow recognised digital forms of age verification. The approach aligns with amendments proposed for other Scottish legislation, such as the amendments of sections 4 to 4B of the Tobacco and Primary Medical Services (Scotland) Act 2010 by section 63 of the Tobacco and Vapes Act 2026 (relating to the sale of tobacco products and vapes and other nicotine products), ensuring consistency in age verification processes.
29.Section 22(3) of the Act provides that the regulation-making power in section 2(3) of the Act is subject to the negative procedure.
30.Subsection (4) provides that the accused is subject to no more than an evidential burden of proof to bring forward enough evidence to raise an issue with respect to the defence. The legal burden of disproving the defence and proving that the offence has been committed stays with the prosecution.
- Blaenorol
- Nodiadau Esboniadol Tabl o’r Cynnwys
- Nesaf
