Information relating to the implementation of the Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Act 2026: FOI release

Information requested

Scottish Government FOI response 202600523109, dated 14 July 2026, stated that no formal stakeholder-engagement plan, working group, advisory group, steering group or consultation mechanism had yet been established, and that no future engagement activity had yet been planned.

Please provide the following recorded information created from 18 March 2026 to the date of this request.

1. Any draft or provisional stakeholder list, stakeholder map, engagement matrix, distribution list, scoping note or other recorded information identifying organisations or individuals being considered for future consultation, engagement, advisory, working-group or implementation roles.

2. Any recorded criteria used or proposed for selecting stakeholders, including consideration of:
a. sector representation;
b. practitioner numbers;
c. professional status;
d. experience and qualifications;
e. geographical or rural representation;
f. commercial, educational or regulatory interests;
g. independence from bodies that may benefit from future qualification, registration or licensing requirements.

3. Any recorded information showing whether the following are intended to be represented:
a. independent aesthetic practitioners;
b. non-healthcare aesthetic practitioner
c. beauty-sector practitioners;
d. independent practitioner representative organisations
e. regulated qualification centres and awarding organisations;
f. universities and colleges;
g. healthcare professions and professional regulators;
h. local authorities;
i. consumer or patient representatives.

4. Any recorded consideration of stakeholder balance, including the risk of over-representation by medical, healthcare, university, voluntary-register or commercial training interests.

5. Any policy, proposed process or recorded discussion concerning declarations of interest or conflicts of interest for stakeholders, including interests in:
a. training or education provision;
b. practitioner registration;
c. licensing or accreditation;
d. pharmaceutical or product supply;
e. insurance;
f. professional membership bodies;
g. private clinics or commercial aesthetics businesses.

6. Any recorded information showing how the Scottish Government intends to determine whether an organisation is representative of the wider aesthetics sector or of independent practitioners.

7. Any recorded information created after FOI response 202600523109 concerning planned engagement dates, proposed working groups, consultation mechanisms, membership criteria or invitations.

8. Any recorded discussion of whether stakeholder engagement should begin only after the Scottish Government has assessed the size of the existing workforce, qualifications already held, training capacity and implementation-specific equality, business, economic and rural impacts.

Where information is withheld, please identify the exemption relied upon and the category of information withheld. Where no information is held, please issue the appropriate notice under section 17 of FOISA.

Response

I enclose a copy of some of the information you requested.

Question 1, 2, 4, 5 and 7

For 18 March 2026 – 22 June, all relevant information that the Scottish Government holds in relation to these questions is contained in the response 202600523109, which we understand from your request you have access to. You should note that the searches conducted by officials relating to this request did not differentiate between ‘formal’ or ‘informal’ engagement – searches conducted by officials gathered all information relating to the request. For this period, under section 25(1) of FOISA, I give you formal notice that the Scottish Government does not have to give you information which is already reasonably accessible to you. If, however, you do not still have access to this response, then please contact me again and I will send you a copy.

For the period of 23 June – 14 July, a search was carried out to identify relevant information. Documents related to this question are at Annex 1.

An exemption under s.38(1) (personal information of third parties) of FOISA applies to some of the information you have requested, which is marked at Annex 1. S.38 (1) (b). Personal information 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.

An exemption under s.30(b)(ii)) (free and frank provision of advice or exchange of views) of FOISA applies to some of the information you have requested, which is marked at Annex 1 as s30(b)(ii) and is subject to the 'public interest test'. Taking account of the circumstances of this case, we have found that, on balance, the public interest lies in favour of upholding the exemption. While we recognise that there is some public interest in release because it may provide some information on an iteration of early stage planning of implementation of the non-surgical procedures Act, this is outweighed by the public interest in ensuring that officials can discuss potential options and planning and are not inhibited in their ability to exchange views openly before eventually coming to a decision for action in order to effectively serve the government of the day.

An exemption under s.29(1)(a) (formulation or development of government policy) is subject to the 'public interest test' and has also been applied. It is marked as s.29(1)(a) at Annex 1. Taking account of the circumstances of this case, we have found that, on balance, the public interest lies in favour of upholding the exemption. While we recognise that there is some public interest in releasing planning documentation on the non-surgical procedures Act, this is outweighed by the public interest for officials to be able to freely formulate and weigh up potential policy options before decisions are made on policy matters.

Question 3, 6 and 8

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. Therefore this is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

FOI 202600527693 - Information released - Annex 1

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