Scotland's Non-Surgical Procedures Act 2026: What Aesthetic Clinics Must Prepare For

Scotland has become the first part of the United Kingdom to pass a statutory framework for non-surgical cosmetic procedures. The Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Act 2026 received Royal Assent on 12 May 2026, and clinics that offer injectables, intravenous treatments, certain lasers and similar procedures now have a clear direction of travel. Much of the detail still depends on regulations, and the core premises offence cannot start before September 2027, so the sensible response is preparation rather than panic. This guide summarises what the Act says, which procedures it covers, when parts of it take effect and what aesthetic clinics in Scotland can do now. It is general information, not legal advice, and it is based on the Act's published text as read on 5 November 2026.

Key takeaways

• The Act is 2026 asp 13. It was passed on 17 March 2026 and received Royal Assent on 12 May 2026.
• It makes it an offence to provide a listed non-surgical procedure outside "permitted premises" and to provide one to anyone under 18, subject to defences.
• The premises offence cannot be brought into force earlier than 6 September 2027. That date is a minimum, not a fixed start date.
• Permitted premises are mainly Healthcare Improvement Scotland registered independent clinics run by specified regulated professionals, plus certain NHS, dental and pharmacy premises.
• Who may perform procedures, training requirements and record-keeping duties are left to future regulations.

What the Act covers

The Act defines a "non-surgical procedure" as a procedure on a person that pierces or penetrates the skin, including by needle, chemical, medicine, heat, cold, light, laser, sound or electricity, and that is of a kind listed in Schedule 1. Procedures carried out for the health service, procedures by a health care provider to prevent, diagnose or treat an illness and clinical trials are excluded. Schedule 1, which came into force on 22 July 2026, lists these kinds of procedure:

• Ablative laser treatment that removes one or more layers of skin
• Chemical peels that penetrate deeper than the epidermis
• Dermal microcoring
• Injectable procedures, where a substance is injected into or under the skin for a cosmetic or wellbeing purpose
• Intravenous procedures for a cosmetic or wellbeing purpose
• Certain procedures using a prescribed anaesthetic, as specified in a separate order
• Certain procedures on an intimate area
• Microneedling at a depth of 1.5 mm or more, or at any depth where radio frequency is delivered
• Subcision
• Thread lifts

"Substance" is defined broadly and includes medicines, vitamins, minerals, toxins, fillers and gases, but not controlled drugs or psychoactive substances. Ministers may change the list by regulations. Clinics should read Schedule 1 in the Act on legislation.gov.uk and compare it with their own treatment menu, because not every laser or skin treatment is listed. For example, the list refers to ablative lasers and certain intimate-area procedures rather than to all laser use.

The two main offences

Providing a procedure outside permitted premises

Section 3 makes it an offence to provide a non-surgical procedure to another person outside permitted premises. There is a defence if the person reasonably believed the procedure was being provided in permitted premises.

Providing a procedure to someone under 18

Section 2 makes it an offence to provide a non-surgical procedure to a person under 18. A defence applies where the provider took reasonable steps to establish the person's age and reasonably believed them to be 18 or over. Ministers may specify by regulations which steps count as reasonable.

Penalties and responsibility

Offences under sections 2, 3 and 11, the last concerning obstruction of authorised persons, carry a fine of up to £20,000 on summary conviction and a fine on conviction on indictment. Where a company, partnership or other organisation commits an offence with the consent, connivance or neglect of a responsible individual such as a director or partner, that individual can be liable too.

What counts as permitted premises

Section 4 sets out the premises where procedures may lawfully be provided. They include:

• Premises of a registered independent clinic run by a registered medical practitioner, registered dentist, nurse or midwife independent prescriber or pharmacist independent prescriber
• Premises on the register as a registered independent hospital
• General dental service premises
• Certain premises specified in primary medical services or general medical services agreements and contracts
• A registered pharmacy

Registered independent clinics are registered with Healthcare Improvement Scotland, which keeps the register. A clinic that is not currently registered, or is run by someone outside the listed professions, should check carefully how the rules will apply to it.

When does it take effect?

Commencement is staged:

• Some administrative sections came into force the day after Royal Assent, on 13 May 2026.
• A first set of commencement regulations brought into force from 22 July 2026 the definition section, the Schedule 1 list, the regulation-making powers in section 5, guidance powers and other provisions.
• The remaining provisions, including the premises offence in section 3 and the enforcement sections, start on dates Scottish Ministers appoint by regulations. The Act says that the day appointed for section 3 may not be earlier than 6 September 2027.

So the common claim that offences begin in September 2027 is better read as "not before September 2027". Clinics should watch for the commencement regulations and Scottish Government announcements. This summary was prepared from the Act's text, and the commencement picture may have moved on since, so check the "latest revised" page on legislation.gov.uk before acting.

What is still to come

Several important rules are left to regulations and guidance:

• Who may provide or supervise procedures and what training or qualifications they need
• Pre-procedure assessments: regulations may require providers to carry out and document an assessment of relevant medical history and to follow enhanced informed consent procedures where risk factors are identified
• Further restrictions and requirements for particular procedures
• Government guidance, which Scottish Ministers must publish and which may cover registration, staffing and age checks

The Act also provides for a review of its operation within five years of the premises offence coming into force. Because the detail is still being written, a clinic cannot yet know every duty it will face. It can, however, make sure its records and processes are ready for documented assessments, consent and age checks.

How Healthcare Improvement Scotland fits in

Healthcare Improvement Scotland already registers independent clinics and hospitals under existing NHS legislation, and the Act builds on that register rather than creating a new one. The Act allows the regulator to authorise people to exercise functions under it, and to enter and search premises where there are reasonable grounds to suspect an offence under section 2 or 3, with permission or a warrant. These entry powers do not apply to premises used, or reasonably believed to be used, for an independent health care service, which is a point clinics may wish to discuss with their adviser.

A preparation checklist for Scottish clinics

• Map your treatments against Schedule 1 and note which are listed.
• Check your registration status with Healthcare Improvement Scotland and confirm who runs the clinic in the sense of section 4.
• Review who performs each procedure and their qualifications, while waiting for the regulations.
• Introduce documented age checks for every new client.
• Standardise pre-treatment assessments so medical history and consent are recorded the same way each time.
• Tidy treatment records so each client's procedures, products and dates are easy to retrieve.
• Brief managers and directors about personal liability provisions.
• Monitor official updates and take professional advice on edge cases.

How software can help, and what it cannot do

Software cannot register a clinic, make a clinic's premises permitted or certify compliance with the Act. It can help a clinic keep complete, accessible records of clients, treatments, sessions and products, which supports any documentation duties that regulations eventually impose. CareTrack by CreativeIn Tek keeps patient records, visit notes, attachments, treatment plans with numbered sessions, inventory and role-based staff access, with WhatsApp reminders. It does not currently include digital consent forms, SMS reminders or UK data hosting, and CreativeIn Tek does not claim that it makes any clinic compliant with Scottish law. For the position in England, see this guide to CQC registration for aesthetic clinics.

Frequently asked questions

Is Botox covered by the Scottish Act?

Injectable procedures, where a substance is injected into or under the skin for a cosmetic or wellbeing purpose, are on the Schedule 1 list, and substances include toxins and fillers. Check the schedule and take advice for your exact treatments.

When can the premises offence be enforced?

Not before 6 September 2027, and only once Ministers appoint a start date by regulations.

Does the Act say who can inject?

Not directly. It allows regulations to specify who may provide or supervise procedures and what training they need, which are still to come.

Does this apply in England, Wales or Northern Ireland?

No. It is a Scottish Act. Other nations have their own rules and plans.

Last reviewed: 5 November 2026, against the Act as published on legislation.gov.uk. This article is general information and not legal advice. To see how a clinic can keep tidy treatment and session records, book a CareTrack demo.