Scottish Government correspondence with selected public bodies regarding non-surgical procedures regulations: FOI release
Information request and response under the Freedom of Information (Scotland) Act 2002
Information requested
Please provide the following recorded information, held in any form, including emails, letters, meeting notes, minutes, briefing notes, calendar entries, internal memoranda, attachments and Teams or equivalent messages.
1. All correspondence and meeting notes between the Scottish Government and Professor David Sines, or the Joint Council for Cosmetic Practitioners, between 1 January 2024 and 31 January 2025 concerning non-medical injectors and the prescribing platform known as Faces Consent or FACES Consent.
2. All records of meetings between the Scottish Government and any of the following bodies between 1 January 2023 and 17 March 2026 concerning the Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill, Scottish non-surgical procedures regulation, independent aesthetic practitioners, non-medical injectors, prescribing, premises regulation, training standards, or public safety in non-surgical cosmetic procedures:a. Scottish Medical Aesthetics Safety Group;
b. BAMAN;
c. BACN;
d. BCAM;
e. JCCP;
f. Save Face.
3. The membership list, terms of reference and minutes of the Scottish Cosmetic Interventions Expert Group for the period 1 January 2023 to 17 March 2026.
4. Any records showing the appointment, role, declared interests, representative capacity, or conflict of interest declarations of Dr John Elder in relation to the Scottish Cosmetic Interventions Expert Group or any related Scottish Government advisory work on non-surgical cosmetic procedures.
5. All correspondence between the Scottish Government and the JCCP or Professor David Sines concerning the Scottish Qualifications Authority, aesthetic qualifications, training standards, or qualification pathways for non-surgical cosmetic procedures, between 1 January 2025 and the date of this request’.
Response
I enclose a copy of some of the information you requested electronically.
In relation to question 1;
In regards to the aspect of your request relating specifically to the prescribing platform known as Faces Consent/FACES Consent, in this instance the Scottish Government does not have the information you have requested. The reason why we do not have this information as this is information is not held within Scottish Government records.
In relation to question 2;
All records of meetings between the Scottish Government and SMASG, BAMAN, BACN, BCAM, JCCP and Save Face has been requested previously under a number of Freedom of Information requests including:
- FOI 202600511564 (JCCP correspondence and meetings).
- FOI 202600510938 (BAMAN correspondence).
- 202600516500 (SMASG roundtable and related engagement). Please refer to Annex 202600516500, contained within this correspondence.
Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.
In relation to questions 3;
The information you have requested is available here: Information regarding the Scottish Cosmetic Interventions Expert Group (SCIEG) and meeting details: FOI release - gov.scot
Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.
In relation to question 4;
All information held within the scope of this regarding SCIEG membership, attendance, declarations of interest, and the management of conflicts of interest is already publicly available through the Scottish Government website.
The Scottish Cosmetic Interventions Expert Group (SCIEG) was reconvened in November 2023 and all meeting minutes published on the Scottish Government website include details of attendees, invited organisations, declarations of interest and any relevant governance arrangements discussed by the group. Information relating to SCIEG membership, participating organisations and declarations of interest, including any dual roles or memberships declared by members, can be found within the published meeting papers and minutes available at: https://www.gov.scot/groups/scottish-cosmetic-interventions-expert-group/
Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.
However, the following aspects of your request appear to be new and have therefore been considered separately:
- records relating to Dr John Elder's appointment;
- records describing his representative capacity;
- any records specifically describing the role he was asked to perform in relation to SCIEG or related advisory work.
While our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested. The Scottish Government does not have the information you have requested. The reason why we do not have this information as this is information is not held within Scottish Government records.
In relation to question 5;
We note that correspondence concerning qualifications, training standards, education frameworks and competency frameworks has been requested previously, including under:
Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.
However, the specific element of your request relating to:
- correspondence concerning the Scottish Qualifications Authority (SQA); and
- correspondence specifically discussing qualification pathways for non-surgical cosmetic procedures,
appears not to have been requested previously and has therefore been treated as a new request for information.
Please refer to documents 13, and 14. While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exemption(s) apply. Please refer to the Exemption Annex contained within this letter that outlines why the exemption(s) were used.
Exemption Annex
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Document |
FOISA Exemptions Applied |
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Doc 13 |
Section 38(1)(b) – Personal information - An exemption under section s.38(1)(b) of FOISA applies to some of the information you have requested as this information is personal information. This exemption is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption. |
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Doc 13 – Attachment 1 |
Section 30(c) – Prejudice to the effective conduct of public affairs - an exemption under section 30(c) of FOISA applies to some of the information you have requested as disclosure would, or would be likely to, prejudice substantially the effective conduct of public affairs. This exemption is subject to the public interest test. Therefore, taking account of all the circumstances of this case, we have considered whether the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is a public interest in disclosure as part of open, transparent and accountable government, particularly in relation to the Scottish Government's consideration of issues concerning the regulation of non-surgical cosmetic procedures. Disclosure would contribute to public understanding of the information provided by stakeholders and the matters under consideration by the Scottish Government. However, this is outweighed by the public interest in ensuring that the Scottish Government is able to engage effectively with external stakeholders and obtain detailed information, evidence and views to inform policy development and decision-making. The withheld information was provided in circumstances where stakeholders would reasonably expect their views and supporting material to be considered as part of ongoing discussions. Disclosure would be likely to discourage stakeholders from sharing information as openly and comprehensively in future, thereby reducing the quality and breadth of evidence available to the Scottish Government. Such an outcome would prejudice substantially the Scottish Government's ability to conduct its affairs effectively, particularly in relation to developing policy in complex and evolving areas where engagement with external organisations is essential. There is therefore a greater public interest in maintaining stakeholders' confidence in these engagement processes and ensuring that the Scottish Government continues to receive the information necessary to support robust and well-informed decision-making. For these reasons, we have concluded that the public interest in maintaining the exemption outweighs the public interest in disclosure. Section 38(1)(b) – Personal information - An exemption under section s.38(1)(b) of FOISA applies to some of the information you have requested as this information is personal information. This exemption is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption. |
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Doc 13 – Attachment 2 |
Section 30(c) – Prejudice to the effective conduct of public affairs - an exemption under section 30(c) of FOISA applies to some of the information you have requested as disclosure would, or would be likely to, prejudice substantially the effective conduct of public affairs. This exemption is subject to the public interest test. Therefore, taking account of all the circumstances of this case, we have considered whether the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is a public interest in disclosure as part of open, transparent and accountable government, particularly in relation to the Scottish Government's consideration of issues concerning the regulation of non-surgical cosmetic procedures. Disclosure would contribute to public understanding of the information provided by stakeholders and the matters under consideration by the Scottish Government. However, this is outweighed by the public interest in ensuring that the Scottish Government is able to engage effectively with external stakeholders and obtain detailed information, evidence and views to inform policy development and decision-making. The withheld information was provided in circumstances where stakeholders would reasonably expect their views and supporting material to be considered as part of ongoing discussions. Disclosure would be likely to discourage stakeholders from sharing information as openly and comprehensively in future, thereby reducing the quality and breadth of evidence available to the Scottish Government. Such an outcome would prejudice substantially the Scottish Government's ability to conduct its affairs effectively, particularly in relation to developing policy in complex and evolving areas where engagement with external organisations is essential. There is therefore a greater public interest in maintaining stakeholders' confidence in these engagement processes and ensuring that the Scottish Government continues to receive the information necessary to support robust and well-informed decision-making. For these reasons, we have concluded that the public interest in maintaining the exemption outweighs the public interest in disclosure. Section 38(1)(b) – Personal information - An exemption under section s.38(1)(b) of FOISA applies to some of the information you have requested as this information is personal information. This exemption is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption. |
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Doc 13 – Attachment 3 |
Section 30(c) – Prejudice to the effective conduct of public affairs - an exemption under section 30(c) of FOISA applies to some of the information you have requested as disclosure would, or would be likely to, prejudice substantially the effective conduct of public affairs. This exemption is subject to the public interest test. Therefore, taking account of all the circumstances of this case, we have considered whether the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is a public interest in disclosure as part of open, transparent and accountable government, particularly in relation to the Scottish Government's consideration of issues concerning the regulation of non-surgical cosmetic procedures. Disclosure would contribute to public understanding of the information provided by stakeholders and the matters under consideration by the Scottish Government. However, this is outweighed by the public interest in ensuring that the Scottish Government is able to engage effectively with external stakeholders and obtain detailed information, evidence and views to inform policy development and decision-making. The withheld information was provided in circumstances where stakeholders would reasonably expect their views and supporting material to be considered as part of ongoing discussions. Disclosure would be likely to discourage stakeholders from sharing information as openly and comprehensively in future, thereby reducing the quality and breadth of evidence available to the Scottish Government.
Such an outcome would prejudice substantially the Scottish Government's ability to conduct its affairs effectively, particularly in relation to developing policy in complex and evolving areas where engagement with external organisations is essential. There is therefore a greater public interest in maintaining stakeholders' confidence in these engagement processes and ensuring that the Scottish Government continues to receive the information necessary to support robust and well-informed decision-making. For these reasons, we have concluded that the public interest in maintaining the exemption outweighs the public interest in disclosure. Section 38(1)(b) – Personal information - An exemption under section s.38(1)(b) of FOISA applies to some of the information you have requested as this information is personal information. This exemption is not subject to the 'public interest test', so |
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Doc 14 |
Section 38(1)(b) – Personal information - An exemption under section s.38(1)(b) of FOISA applies to some of the information you have requested as this information is personal information. This exemption is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption. |
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Doc 14 – Attachment 1 |
Section 38(1)(b) – Personal information - An exemption under section s.38(1)(b) of FOISA applies to some of the information you have requested as this information is personal information. This exemption is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption. |
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Annex 202600516500 |
Section 30(b)(ii) – Free and frank exchange of views for the purposes of deliberation. An exemption under section 30(b)(ii) of FOISA applies to some of the information you have requested because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. This exemption is subject to the public interest test. Taking account of all the circumstances of this case, we have considered whether the public interest in disclosing the information outweighs the public interest in applying the exemption. We have concluded that, on balance, the public interest lies in favour of maintaining the exemption. We recognise that there is a public interest in openness and transparency in government decision-making. However, there is a greater public interest in allowing officials and stakeholders to exchange views openly and candidly as part of the policy development and decision-making process. Disclosure of the withheld information would be likely to inhibit the provision of frank advice and views in future discussions, reducing the quality of deliberation and potentially impacting the effectiveness of decision-making. For these reasons, we consider that the public interest in maintaining the exemption outweighs the public interest in disclosure. |
About FOI
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Contact
Please quote the FOI reference
Central Correspondence Unit
Email: contactus@gov.scot
Phone: 0300 244 4000
The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG