Non-surgical cosmetics regulation: letter to minister

To: Minister for Public Health and Women’s Health 
cc/ Deputy First Minister and Cabinet Secretary for Economy and Gaelic 
cc/ Cabinet Secretary for Health and Social Care 

From: Professor Russel Griggs OBE, Chair, Regulatory Review Group

Dear Ms Minto,

I am writing as Chair of the Regulatory Review Group (RRG) to provide independent advice on proposed measures in the Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill.

This note provides an overview of the RRG’s role and details recommendations on the pace of change, and enforcement and communications considerations.

Regulatory Review Group (RRG)

The independent RRG was re-established by the Scottish Government as part of the New Deal for Business to support Scottish Ministers in improving the regulatory environment for businesses and their involvement in that process. The RRG’s membership is detailed in the Annex. The RRG consider upcoming regulatory developments and as part of its work programme identified the proposed measures in the Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill as a scrutiny priority.

The RRG’s objectives are to:

1. Work constructively with the Scottish Government to ensure that policy officials and relevant Ministers are sighted on implementation challenges with regulations early in development.
2. Deliver purposeful and targeted written and verbal advice to the Scottish Government, drawing upon extensive expert insight from business and regulators across Scotland.
3. Support the delivery of the New Deal for Business by ensuring that the potential barriers to the success of Scottish Government policies are removed through an improved understanding of the practicalities of implementation. 

The RRG’s remit is to examine and identify implementation challenges and appropriate mitigations of regulation. The RRG does not provide a view on the appropriateness of substantive policy or decisions to be taken on legislative priorities. 

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

Along with RRG members, I met with your officials on Thursday 27 November 2025. Your officials provided an insightful update on the progress made with regard to the proposed regulations, and provided detailed responses to our questions. We welcome the continued engagement with your officials as they make progress. The proposed regulations seek to ensure vital protection for consumers in a currently unregulated marketplace, and to ensure that those providing procedures do so in a safe and regulated way. It is in the spirit of supporting that endeavour that this advice is provided.

The following recommendations have been made by the RRG for consideration as part of the policy development and legislative process:

1. Communication and consumer awareness, and the resources to deliver effective communication, is pivotal to the success of regulations, and needs to be at the forefront as changes are implemented. Many consumers will not currently be aware that this sector is unregulated, and the risks that are inherent as a result. Many will believe that procedures are regulated and that consumers are protected by oversight and regulation of the sector. As the proposed regulations take effect, to increase and enhance confidence in the sector, it is vital that consumers receive information to allow them to understand these changes and the ways in which the new system allows them to reduce the risks associated with these procedures, by ensuring that they use regulated providers. It will also be important to consider working with affected businesses (including those affected by the proposed licensing scheme) to ensure a coordinated approach to consumer communication, such as providing information for businesses to provide to consumers.
2. The impact of regulations on businesses will be significant. Many businesses in this sector are likely to be microbusinesses, with a proportion being relatively new businesses and unrepresented by trade bodies, nor used to interacting with their local authority. The cost and disruption should not be underestimated These businesses will require significant support and guidance, both to understand and also to comply with regulations.
3. Clarification is needed to understand the implications of regulations on competition. The legislation needs to be workable and not subject to legal challenge on competition grounds. At the meeting, your officials agreed that there was a need to discuss the proposals with the UK Government to ensure that there is no risk to implementation of the legislation. RRG Members will be keen to be assured that there is no legal risk as the legislation progresses to being implemented.
4. Health Improvement Scotland being earmarked as the enforcement agency for restricted procedures is welcomed. When we wrote to you in January 2025, we outlined that ‘The RRG highlights the difficult position this may put Local Authorities in when prioritisation decisions on enforcement are needed and could additionally call into question the effectiveness of enforcement provisions’. The news that Health Improvement Scotland will be the enforcing agency is welcome, given the overall increasing burden for enforcement on local authorities, and the impact this has on them, allied to the risks of a lack of expertise within local authorities. Members have noted the intention for there to be a licencing order, which is currently being consulted on, to go alongside the legislation, and that will have additional responsibilities for local authorities. Ensuring co-ordination on activity will be vital to ensure that the legislation is workable. Enforcement is key to the successful implementation of the regulations and the RRG looks forward to hearing more of how this will work in practice.

RRG members welcome good progress being made in this area and we invite your policy officials to return to the RRG once this work has progressed. We also welcome that officials have already agreed to do so.

 A copy of this letter will be published on the RRG’s webpage and has been sent to your Ministerial colleagues with an interest in this area. 

The RRG would be happy to discuss the above recommendations with you and would welcome an update on how the Scottish Government intends to take this forward during the legislative process. 

Yours sincerely, 

Prof Russel Griggs OBE 

Chair, Regulatory Review Group