This blog examines Part 1 of the Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill, answering key questions on its provisions. A separate SPICe briefing examines both Part 1 and Part 2 of the Bill in detail.
This complementary SPICe blog compares the Bill with previous Scottish Government consultations and approaches taken elsewhere in the UK.
The Bill
The Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill is a Scottish Government Bill, introduced in the Scottish Parliament on 8 October 2025.
The Bill brings together two different topics. Part 1 focuses on regulating non-surgical (cosmetic) procedures, such as fillers and chemical peels. Part 2 deals with improving the process for reviewing deaths and authorising cremations. Primary legislation is required to make the changes proposed in both parts. It’s not unusual for legislation to combine unrelated topics when both parts are relatively short and one, in this case Part 2, will make relatively minor changes that are expected to be uncontroversial.
Frequently asked questions on Part 1 of the Bill
What is the main aim of Part 1?
To regulate the provision of non-surgical procedures that pierce or penetrate the skin, ensuring they are performed safely, by qualified professionals, and only in approved settings.
What is considered a non-surgical procedure?
A procedure that pierces or penetrates the skin and is listed in Schedule 1 of the Bill. These are typically sought for cosmetic or wellbeing reasons, not medical treatment.
Specified procedure in the Bill | Further information taken from the Bill’s explanatory notes, where available |
Ablative laser treatment A procedure in which a laser is used to remove one or more layers of skin. | Lights and lasers can be used in a variety of other procedures. Non-ablative laser procedures (i.e. those that do not remove layers of skin) would not be included under the Bill and instead require a licence under the Scottish Government’s proposals. |
Cellulite subcision A procedure in which a needle is used to cut fibrous bands that connect skin to underlying tissue. | No further information provided. |
Chemical peel A procedure— (a) in which a chemical is used to remove skins cells in the area of treatment, and (b) which penetrates deeper than the epidermis. | Chemical peels can reach varying depths depending on the substance used, their strength and application time. Chemical peels that penetrate the skin but do not go beyond the epidermis would not be included under the Bill and instead require a licence under the Scottish Government’s proposals. |
Dermal microcoring A procedure in which a needle is inserted into skin and is used to remove a small core of skin tissue. | The small cores of skin tissue that are removed by this procedure are typically less than half a millimetre in diameter. |
Injectable procedure A procedure in which a substance is injected into or under skin. | These procedures include: Small-quantity dermal fillers used to reshape facial features or reduce wrinkles. Large-quantity dermal fillers used for body enhancements like breast or buttock augmentation (e.g. non-surgical Brazilian butt lift). Botulinum toxin (Botox) injections |
Intravenous procedure A procedure in which a substance is administered intravenously. | No further information provided. |
Microneedling A procedure in which microneedles are used to puncture skin to a depth of 1.5 millimetres or more. | Microneedling can be undertaken at a variety of depths. Microneedling procedures that penetrate the skin less than 1.5 millimetres would not be included under the Bill and instead require a licence under the Scottish Government’s proposals. |
Thread lift A procedure in which threads (whether smooth or textured) are inserted under skin. | This can also be referred to as a thread and cog lift, particularly where the thread used is textured. |
What procedures are not considered to be non-surgical procedures?
- Procedures provided by or on behalf of the NHS.
- Procedures conducted by a healthcare provider for medical purposes (e.g. diagnosis or treatment).
- Procedures requiring a licence under Part 1 of the Civic Government (Scotland) Act 1982, as designated by official order. This currently includes tattooing, acupuncture and skin piercing.
Where will these non-surgical procedures be legally permitted?
If this legislation is passed, non-surgical procedures will only be able to take place in approved (permitted) premises, which include:
- Independent hospitals registered with Healthcare Improvement Scotland (HIS)
- Independent clinics registered with HIS and provided or managed by qualified professionals
- Certain NHS-related premises, such as:
- Dental surgeries
- GP practices
- Registered pharmacies.
Private homes and care homes are not permitted premises.
Who will be able to provide or manage services in independent clinics?
Under the provisions of the Bill, qualified professionals include:
- Registered medical practitioners
- Registered dentists
- Registered nurses or midwives qualified as independent prescribers
- Registered pharmacist independent prescribers.
Services must be “provided or managed” by a profession on this list, but this could mean that an independent clinic managed by a registered professional could employ unregistered staff to conduct the procedures.
Are professionals already regulated by other bodies affected by the Bill?
No. If a professional is already regulated, such as a doctor registered with the General Medical Council, and works in a permitted premises, the Bill would not impose further regulation.
What offences are created?
- Providing a procedure outside of permitted premises
- Providing a procedure to someone under 18
- Obstructing an authorised HIS officer while they are investigating an offence.
Under the Bill, both the organisation and any responsible individual within it may be held liable for offences.
The explanatory notes suggest that the offence of providing a procedure outwith a permitted premises could potentially also apply to those who supply the premises, provide materials or substances, and recruit or train staff.
What are the penalties for offences?
On summary conviction, offenders may be fined up to level 5 on the standard scale (currently £5,000).
What role does Healthcare Improvement Scotland (HIS) play?
HIS would be given new powers to investigate unregistered premises suspected of offering non-surgical procedures illegally. These include:
- Entering premises (with consent, a warrant, or without delay in non-dwellings).
- Searching and seizing items that may be evidence of an offence.
- Bringing support (e.g. locksmiths) if needed.
- Applying for warrants and ensuring searches are done respectfully and securely.
Occupiers would have to cooperate, and failure to do so may be an offence.
If a service failed to meet the standards set out in Section 5 of the Bill, HIS could treat this as a breach under the National Health Service (Scotland) Act 1978. HIS could then issue an improvement notice, and if the service didn’t improve within the specified time, it can propose to cancel the service’s registration.
What are the standards set out in Section 5 of the Bill?
Section 5 of the Bill does not directly list the standards, but instead would give Scottish Ministers the power to set standards and rules for how non-surgical procedures are provided. These would be defined through regulations, which must be approved by Parliament. This can include:
- Tailoring rules to different risk levels of procedures (e.g. stricter hygiene for higher-risk treatments).
- Setting qualifications and training requirements for practitioners.
- Defining who can perform or supervise procedures, ensuring alignment with UK medicines legislation.
- Assigning enforcement responsibilities to relevant bodies.
- Creating offences (e.g. performing procedures without proper qualifications), with penalties up to £5,000.
Susan Brown, Health and Social Care Researcher, SPICe