Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Act 2026
2026 asp 13An Act of the Scottish Parliament to prohibit the provision of non-surgical procedures to persons under the age of 18 or to any person outwith certain specified premises; to confer on the Scottish Ministers power to impose further restrictions and requirements relating to the provision of these procedures; to make provision in relation to certification of death and authorisation of cremation; and for connected purposes.
Enacted
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 17th March 2026 and received Royal Assent on 12th May 2026
Part 1 Non-surgical Procedures¶
Meaning of “non-surgical procedure”¶
1 Meaning of “non-surgical procedure”¶
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“health care provider” means—
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an independent health care service that is registered under section 10P of the 1978 Act,
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a regulated health care professional, or
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a person who, in providing the procedure, is acting in accordance with the directions of a regulated health care professional,
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“illness” includes—
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mental disorder within the meaning of section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003, and
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any injury or disability requiring medical, surgical or dental treatment, or nursing.
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Offence of providing a non-surgical procedure to person under 18¶
2 Offence of providing a non-surgical procedure to person under 18¶
Offence of providing a non-surgical procedure outwith permitted premises¶
3 Offence of providing a non-surgical procedure outwith permitted premises¶
4 Meaning of “permitted premises”¶
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“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),
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“Nursing and Midwifery Register” means the register maintained under article 5 of the Nursing and Midwifery Order 2001 (S.I. 2002/253),
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“pharmacist independent prescriber” means a person who is—
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registered as a pharmacist in—
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Part 1 of the register maintained under article 19 of the Pharmacy Order 2010 (S.I. 2010/231), or
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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
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noted in that register as being qualified to order drugs, medicines and appliances as a pharmacist independent prescriber,
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“the register” means the register maintained under regulation 6 of the Healthcare Improvement Scotland (Applications and Registration) Regulations 2011 (S.S.I. 2011/35),
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“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,
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“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,
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“vehicle” means—
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a mechanically-propelled vehicle, or
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a structure that is capable of being moved from one place to another by being—
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towed, or
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transported on a mechanically-propelled vehicle or trailer.
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Power to make further provision about non-surgical procedures¶
5 Power to make further provision about non-surgical procedures¶
Enforcement powers¶
6 Meaning of “authorised person”¶
7 Powers of entry, search and seizure¶
8 Restrictions on powers of entry, search and seizure¶
9 Conditions for issue of warrant¶
10 Expiry of warrant¶
A warrant granted under section 9 remains in force until it is no longer required for the purpose for which it is granted.11 Offence of obstructing an authorised person¶
A person commits an offence if the person—Enforcement of offences¶
12 Penalties¶
A person who commits an offence under section 2, 3 or 11 is liable—13 Individual culpability where organisation commits an offence¶
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“relevant organisation” means an organisation listed in the first column of the table in subsection (4),
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“responsible individual” means, in relation to a relevant organisation—
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an individual falling within the corresponding entry in the second column of the table, or
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an individual purporting to act in the capacity of an individual falling within the corresponding entry.
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| Organisation | Individual |
|---|---|
| Company as mentioned in section 1 of the Companies Act 2006 | Director, manager, secretary or other similar officer, or, where the company’s affairs are managed by its members, member |
| Limited liability partnership | Member |
| Other partnership | Partner |
| Any other body or association | Individual who is concerned in the management or control of its affairs |
UK internal market: power to establish individual assessment process¶
14 UK internal market: power to establish individual assessment process¶
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“the 2020 Act” means the United Kingdom Internal Market Act 2020,
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“licensed procedure” means a non-surgical procedure within the meaning of the Civic Government (Scotland) Act 1982 (Licensing of Non-surgical Procedures) Order 2026 (S.S.I. 2026/87).
Minor and consequential modifications of the 1978 Act¶
15 Modifications of the 1978 Act¶
Schedule 2 makes minor and consequential modifications of the 1978 Act in relation to the provision of non-surgical procedures.Interpretation of Part 1¶
16 Interpretation of Part 1¶
In this Part—-
“the 1978 Act” means the National Health Service (Scotland) Act 1978,
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“authorised person” has the meaning given by section 6,
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“health service” means the health service established under section 1 of the 1978 Act,
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“HIS” means Healthcare Improvement Scotland,
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“independent health care service” has the meaning given by section 10F of the 1978 Act,
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“non-surgical procedure” (other than in section 14(5)) has the meaning given by section 1.
Guidance¶
17 Guidance about the provision of non-surgical procedures¶
Review¶
18 Review of Part 1¶
Part 2 Certification of death and authorisation of cremation or hydrolysis¶
Certification of death¶
19 Application for review of medical certificate of cause of death¶
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Authorisation of cremation or hydrolysis¶
20 Deaths outwith the United Kingdom: authorisation of cremation or hydrolysis by medical reviewer¶
Part 3 Final provisions¶
21 Ancillary provision¶
22 Regulation-making powers¶
23 Regulations subject to the affirmative procedure: consultation¶
The Scottish Ministers must consult such persons, or groups of persons, as they consider appropriate before laying a draft of a Scottish statutory instrument containing—24 Commencement¶
25 Short title¶
The short title of this Act is the Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Act 2026.Schedule 1 ¶
Specified non-surgical procedures
(introduced by section 1(1)(a)(ii))
1 Ablative laser treatment¶
A procedure in which a laser is used to remove one or more layers of skin.2 Chemical peel¶
A procedure—3 Dermal microcoring¶
A procedure in which a needle is inserted into skin and is used to remove a small core of skin tissue.4 Injectable procedure¶
A procedure other than tattooing in which a substance is injected (including by means of a microneedle) into or under skin for a cosmetic or wellbeing purpose (or both).5 Intravenous procedure¶
A procedure in which a substance is administered intravenously (including by insertion of a microneedle) for a cosmetic or wellbeing purpose (or both).6 Licensed procedure carried out with prescribed anaesthetic¶
A procedure—7 Licensed procedure carried out on an intimate area (other than non-ablative laser treatment for hair removal)¶
A procedure, other than non-ablative laser treatment for hair removal, that—Microneedling¶
10 Subcision¶
A procedure in which a needle is used to cut fibrous bands that connect skin to underlying tissue.11 Thread lift¶
A procedure in which threads (whether smooth or textured) are inserted under skin.Interpretation¶
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“filler” means any substance used for dermal or mucous membrane filling (whether or not designed to be so used),
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“intimate area” means the anus or genitals or an area around the anus or genitals,
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“non-ablative laser treatment for hair removal” means a procedure in which a laser is used to remove hair and which does not remove any of the epidermis,
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“prescribed anaesthetic” means an anaesthetic that is a prescription only medicine within the meaning given by regulation 8 of the Human Medicines Regulations 2012 (S.I. 2012/1916),
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“substance”—
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includes any medicine, vitamin, mineral, toxin, filler and gas,
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does not include—
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a controlled drug (within the meaning of section 2 of the Misuse of Drugs Act 1971), or
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a psychoactive substance (within the meaning of section 2 of the Psychoactive Substances Act 2016).
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“acupuncture”,
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“cosmetic body piercing”,
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“electrolysis”,
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“tattooing”.
Schedule 2 ¶
Minor and consequential modifications of the 1978 Act
(introduced by section 15)
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