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

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

2026 asp 13

The Act

Overview

Part 1: Non-surgical Procedures

Section 5: Power to make further provision about non-surgical procedures

48. This section gives the Scottish Ministers the power, in regulations, to impose further restrictions and requirements in relation to the provision of non-surgical procedures. Section 22(4) of the Act provides that this power is subject to the affirmative procedure.

49. The list in subsection (3) sets out examples of what may be done under the regulations.

50. Paragraph (a) refers to the imposition of different restrictions and requirements according to different categories of non-surgical procedure as specified in the regulations. This means that appropriate requirements can be applied in relation to different procedures according to the level of risk associated with them. For example, this power could be used to impose requirements relating to the conditions (e.g. relating to hygiene) under which procedures may be being carried out. Alternatively, the power could be used to restrict the provision of certain procedures to particular groups if it emerged that a new procedure could put the health of a particular group of people at risk (e.g. pregnant women or people with a particular health condition etc).

51. Paragraphs (b) and (c) refer to the specification of who may provide or supervise the provision of non-surgical procedures, and the training or qualifications to be obtained by those persons. Any exercise of this power to provide that only certain persons may provide, or supervise the provision of, non-surgical procedures will take account of the existing legislation about who may administer a prescription only medicine under the Medicines Act 1968 and the Human Medicines Regulations 2012 (S.I. 2012/1916) (see regulation 214(2) of the 2012 Regulations) which is a reserved matter under Section J4 of Part 2 of schedule 5 of the Scotland Act 1998 (medicines, medical supplies and poisons).

52. Paragraph (d) refers to the conferral of functions in relation to the enforcement of any restrictions and requirements relating to the provision of non-surgical procedures that are imposed by the regulations.

53. Paragraph (e) refers to the regulations making provision to require providers to carry out and document pre-procedure assessments of relevant medical history and, where factors are identified that may increase the risk of harm, ensure that enhanced informed consent procedures are followed.

54. Subsection (4) provides that the regulations may make different provision according to individual client risk factors, including risk factors based on the client’s medical history, anatomical considerations or mental health.

55. Subsection (2) provides that these regulations may modify any enactment (including the Act). The regulations may also create an offence in connection with a restriction or requirement imposed by the regulations. For example, the regulations could provide that a person commits an offence if the person provides a non-surgical procedure without having obtained certain qualifications. The penalty for any offence created under the regulations is limited by subsection (5), which provides for a maximum penalty on summary conviction of a fine not exceeding £20,000 or to an unlimited fine on conviction on indictment. In addition, if the power is used to create new offences, it may be desirable to amend this Act so that the regulation of the provision of non-surgical procedures is set out in one place rather than in separate regulations.

56. Subsection (6) requires the Scottish Ministers to lay draft regulations specifying the persons who may provide (or supervise the provision of) non-surgical procedures and the training or qualification requirements for people providing (or supervising the provision of) non-surgical procedures within three years of the coming into force of section 3 (offence of providing non-surgical procedure outwith permitted premises). If the Scottish Ministers consider that it is not practical to lay the regulations by that deadline, they must instead lay a report before the Scottish Parliament explaining why they are unable to lay the draft regulations by that deadline (see subsection (7)).