Non-surgical cosmetics regulation: government response

To: Professor Russel Griggs

From: Jenni Minto, Minister for Public Health and Women’s Health

Our Reference: 202500499537
Your Reference: Restrictions on the Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill 

5 February 2026 

Dear Professor Russel Griggs, 

Thank you for your letter of 23 December regarding the Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill (the Bill), and for the recommendations you have set out.

The aim of the Bill is to ensure there is robust and proportionate regulation in place so that anyone who chooses to have these procedures can do so safely. My priority is to address the public safety concerns that exist in this sector, whilst ensuring businesses that may be impacted are able to access support.

Now that the Bill has been introduced, its progress is a matter for the Scottish Parliament and its processes; however engagement with stakeholders is ongoing and I welcome the Regulatory Review Group’s views as part of this. I hope the information below provide the update you have requested.

Since you last discussed the issue of non-surgical procedures, the Civic Government (Scotland) Act 1982 (Licensing of Non-surgical Procedures) Order 2026 (the Order) has been laid in draft before the Scottish Parliament. It is designed to complement the Bill by introducing a licensing scheme for those procedures that are not regulated by the Bill. The procedures included in the Order are those for which the requirements of the Bill would be disproportionate. For example, where the risks of procedures can be appropriately mitigated without the involvement of a health care professional, and where the appropriate standards of hygiene are comparable to the standards for e.g. skin piercing and tattooing and so more appropriate for local authority officers to assess against. 

Communication and consumer awareness

We anticipate that the legislative provisions in the Bill and the associated Order will come into force in September 2027. This will allow for an implementation period of around a year and a half (from the Bill’s passing), during which businesses and regulators can prepare for change, and the necessary guidance and communications can be delivered.

I agree with the RRG that it will be essential that consumers and businesses are aware of the new provisions and offences. In particular, the Scottish Government will need to consider the best means to ensure consumers are able to identify businesses which are compliant with the legislation (for example those which have registered with Healthcare Improvement Scotland (HIS) as independent clinics or have a Local Authority licence) and so are regulated to assure standards of safety and hygiene.

I anticipate that Scottish Government will work closely with Healthcare Improvement Scotland, Local Authorities and other stakeholders on this once the legislation has passed through the Parliamentary process and is in its final form. As you set out, involvement of businesses will be key. 

Impact on businesses

I do not want to downplay the potential impact on some businesses of the Bill and Order. I am aware that currently unregulated businesses are most concerned about the need for services to be offered out of a setting such as a HIS registered independent clinic, where services are provided or managed by one of the healthcare professionals listed in section 4(3) of the Bill. However, the Bill represents the least disruptive way of achieving our public safety aims. The involvement of a healthcare professional is key to mitigating the risks of these procedures. Without that element I do not think the proposals would meet the Scottish Government’s public safety aims. This view is also strongly supported by those people who took the time to respond to our consultation.

A Business and Regulatory Impact Assessment (BRIA) has been published on the Scottish Government’s website, and the evidence collected has informed our understanding of the impact on businesses. Consideration is ongoing regarding HIS regulation of independent clinics to ensure that all the existing requirements are proportionate. In particular, I am open to considering ways in which the impact on settings that offer procedures which fall within the definition of non-surgical procedures in the Bill, alongside less invasive treatments, can be lessened without undermining our protections. 

As noted above, the legislation will not come into force until September 2027, giving businesses time to adapt and prepare and allow all necessary guidance to be produced. For businesses that may need support and advice to meet the requirements of the Bill, Business Gateway provides access to free business support services. The FindBusinessSupport.gov.scot website also provides businesses of all sizes and types an overview of all funding and services offered by public sector organisations across Scotland.

Implication of regulations on competition

A competition assessment was undertaken as part of the BRIA (link above). In addition, discussions with the UK Government about the implications of the UK Internal Market Act (UKIMA), which has implications for setting training and qualification requirements for individuals who perform non-surgical procedures, is ongoing. I am content that the legislation the Scottish Government has put forward, both the Bill and the Order, are not likely to be successfully legally challenged. The proposals have been developed carefully to be effective in achieving the policy aims. 

Enforcement 

HIS have been identified as the enforcement authority for the proposals in the Bill as they already register and inspect independent clinics, where non-surgical procedures often take place. HIS have the knowledge and expertise relating to relevant hygiene standards and relations with healthcare professionals. The new enforcement powers that the Bill gives to HIS, to enter and inspect premises which are not registered with them but where they suspect non-surgical procedures covered by the Bill are being carried out, will reduce the onus of this aspect of enforcement on local authority environmental health officers.

The establishment of a new local authority licensing scheme, through the Order, for lower risk procedures which are not included in the Bill is based on the existing licensing scheme for tattooing and skin piercing which environmental health officers are familiar with. Although this scheme will be an additional role for environmental health officers, the level of additional work will be mitigated by the opportunity for cost recovery through fee income and we believe is a proportionate extension of the existing EHO role in relation to other licensing schemes. This issue is discussed in the policy memorandum to the Order.

As you mentioned in your letter, business owners impacted may not have dealt with HIS or with local authorities previously. Scottish Government will work with businesses to identify what guidance may be helpful in this regard.

I hope this information is helpful. I would like to thank you and the members of the RRG for the helpful and informative recommendations and input you have made to date. As I have said, the Scottish Government will continue to work with stakeholders to ensure the legislation results in meaningful improvements to the safety of consumers in this sector.

Yours sincerely

Jenni Minto