This blog examines the Civic Government (Scotland) Act 1982 (Licensing of Non-surgical Procedures) Order 2026. The Order is part of a larger plan by the Scottish Government to regulate the non-surgical cosmetic procedures industry.
The Order establishes a licensing scheme for the provision of certain non-surgical procedures. These are the ‘lower risk procedures’ that are referred to in the Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill, which the Committee is currently considering at Stage 1.
This complementary SPICe blog compares the Bill and the Order.
Scope of the Order
The Order designates a range of non-surgical procedures as activities that would require a licence. It applies to procedures which pierce or penetrate the skin, and, crucially, do not require the input of a health care professional. These include the following:
Activity | Definition |
Chemical peels | A procedure, including fruit acid peel or glycolic acid peel— (a) in which a chemical is used to remove skin cells in the area of treatment, and (b) which does not penetrate deeper than the epidermis. |
Cryolipolysis | A procedure in which a device is used to reduce the temperature of a specific part of the body to destroy fat cells for the purpose of reducing fat deposits. |
Cryotherapy (or cryocautery) | A procedure in which a cold liquid, gas or instrument is applied to destroy skin cells in a small and specific area of the body for the purpose of removing or reducing skin lesions or blemishes. |
Electrocautery (or advanced electrolysis) | A procedure in which a device applies an electrical current to destroy skin tissue in a small and specific area of the body for the purpose of removing or reducing skin lesions or blemishes. |
High intensity focused ultrasound | A procedure in which high intensity ultrasound is used to— (a) destroy, tighten or cause scarring to skin tissue, or (b) destroy fat cells. |
Microneedling | A procedure in which microneedles are used to puncture skin to a depth of less than 1.5 millimetres but does not include a procedure in which microneedles are used to deliver radio frequency electromagnetic radiation. |
Non-ablative laser and light treatment | A procedure in which light treatment or laser treatment is used to destroy or stimulate skin tissue or fat cells in a specific area of the body but which does not remove any of the epidermis. |
Radio frequency treatments | A procedure, other than one using microneedles, in which radio frequency electromagnetic radiation is used to— (a) destroy, tighten or cause scarring to skin tissue, or (b) destroy fat cells. |
References to “skin lesions or blemishes” include acne, blisters, cysts, freckles, moles, skin tags, scarring, rashes and warts.
Exceptions
The Order does not apply to procedures that:
- involve the use of a prescribed anaesthetic,
- are carried out on intimate areas (except non-ablative laser hair removal),
- are provided by or on behalf of the health service or performed by healthcare providers for the purpose of preventing, diagnosing, or treating illness.
Activities already requiring a licence for skin piercing or tattooing remain under the existing Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Order 2006. Activities carried out at premises regulated under the forthcoming Non-Surgical Procedures and Functions of Medical Reviewers (Scotland) Bill are also exceptions.
Licensing requirements
Both the practitioner and the premises would be licensed under the Order. The name and address of the practitioner, the name of any business and the address of the premises must be specified on the licence.
It’s interesting that the Order doesn’t set any requirements for knowledge, training, or skills when applying for a licence. This is different from the Piercing and Tattooing 2006 Order, which asks councils to decide if an applicant is “fit and proper” based on their own knowledge, skill, training, and experience, or those of the people carrying out the work, where the licence is for a business offering skin piercing or tattooing.
It’s unclear whether councils will be expected to make similar judgments for non-surgical procedures under the new rules, or if guidance will be provided.
However, it does introduce mandatory conditions which must be met either prior to a licence being granted or for the duration of the licence. These conditions include hygiene standards and the quality of premises where non-surgical procedures are performed. These are detailed below.
An additional condition attached to a licence is that non-surgical procedures should not be carried out on a person under the age of 18.
Enforcement and penalties
Sections 5 to 7 of the Civic Government (Scotland) Act 1982 apply to the licensing scheme. These provisions allow authorised officers to inspect premises, enter and search where unlicensed activity is suspected, and details offences for unlicensed work, breaching licence terms, misleading applications, and failing to inform about changes.
For the purposes of this Order, any person who undertakes a specified procedure without a licence, or a good reason for not having one, is guilty of an offence and liable, on summary conviction to a fine up to £2,500.
If a practitioner holds a licence, they commit an offence if they:
- Don’t tell the local authority about a major change in their circumstances. This results in a fine up to £1,000.
- Make a major change to their premises, vehicle, or vessel without permission. This results in a fine up to £1,000.
- Fail to return their licence when required. This results in a fine up to £200.
Additionally, if a licence holder is convicted of certain offences, the court can go beyond the fine. It may revoke the licence or ban the person from holding a licence for up to five years.
Premises standards
Schedule 2 sets out conditions that must be met before a licence is granted.
Premises must display a notice stating that procedures will not be carried out on anyone under the influence of alcohol or drugs or on anyone under 18.
Treatment rooms must include a hands-free wash basin with hot and cold water, paper towels, soap, a washable bed or chair with a disposable sheet, an alcohol solution dispenser, a waste bin with a sensor or foot pedal, a sharps container, and a first aid kit. A separate general-purpose sink is also required. If non-disposable instruments are used, premises must have ultrasonic cleaners, instrument baths, and autoclaves. Rooms must be well lit and ventilated.
Hygiene and operational requirements
Premises must be maintained in good repair and cleanliness. Only sterile, single-use disposable needles may be used. There must be arrangements for waste to be disposed of appropriately. Practitioners must wear disposable non-latex gloves, changing them for each client, and maintain adequate supplies of gloves and single-use disposable needles. Any non-disposable equipment must be sterilised or disinfected after each use, while disposable items must be discarded immediately. Consumers must receive clear written information about the procedure, its risks, and aftercare requirements.
Implementation and transitional arrangements
The Order comes into force the day after it is made. However, a licence will not be required until 6 September 2027. Practitioners who apply for a licence before that date may continue operating until their application is determined.
The Order makes changes to the Civic Government (Scotland) Act 1982 so local authorities have 12 months instead of 6 months to decide on licence applications.
Susan Brown, Health and Social Care Researcher, SPICe
Blog image: “Morpheus- Skin Rejuvenation by Dr.Marwah” by Drsiddharthsen is marked with CC0 1.0.