Meeting of the Parliament 05 February 2026 [Draft]
As convener, I am pleased to open the stage 1 debate on the Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill on behalf of the Health, Social Care and Sport Committee. I thank everyone who contributed to the committee’s stage 1 scrutiny of the bill by providing written or oral evidence and place on record my thanks to the committee clerks for their work at stage 1.
During its scrutiny, the committee heard extensive evidence that non-surgical procedures such as Botox, fillers, strong chemical peels and some microneedling—many of which are provided for cosmetic purposes—can carry significant risks if not carried out in appropriate settings and by suitably trained practitioners. Our committee has concluded that patient safety has to be the overriding priority when considering regulation in the area. We have heard evidence of great variance in standards adhered to by practitioners who carry out non-surgical procedures. Therefore, robust regulation is necessary to ensure that people who want to access those procedures can do so safely and in a properly informed manner.
We fully support the provisions in the bill that will make it illegal to carry out non-surgical procedures on people under the age of 18. That is a welcome step towards protecting young people, who can be particularly vulnerable to influences about beauty standards from social media.
The committee supports the Scottish Government’s two-tier approach to regulation. Through the bill, high-risk procedures will be allowed to take place only in permitted premises, including in Healthcare Improvement Scotland-registered clinics, and under the supervision of authorised medical practitioners. Meanwhile, lower-risk procedures will be regulated through secondary legislation under the Civic Government (Scotland) Act 1982, which the committee has also recently scrutinised.
At the same time, the committee concluded in its report that the bill currently lacks important detail on the specifics of clinical supervision and training requirements for those who will be allowed to undertake and supervise procedures. The committee acknowledges the impact that the United Kingdom Internal Market Act 2020 has had on the Scottish Government’s ability to legislate in the area. Nonetheless, we urge the Scottish Government to work with the UK Government to ensure that all those who carry out such procedures are suitably qualified to do so.
Our inquiry identified a number of other areas where the Scottish Government will need to work with the UK Government to resolve certain related issues. They include improved classification and regulation of certain devices and substances that are used in non-surgical procedures, regulation of irresponsible advertising of non-surgical procedures, and action to address the potential risk that regulation of the sector will result in an increase in cosmetic tourism.
During the scrutiny process, we heard concerns from many independent aesthetic practitioners that their businesses would be negatively impacted by the proposed approach to the regulation of non-surgical procedures that is set out in the bill. To alleviate those concerns, our report calls for appropriate guidance and support to be provided to help responsible practitioners to make a successful transition to the new regulatory framework. We also support a staged approach to enforcement that will give responsible practitioners suitable time and resource to adjust to the new regime.
As part of its scrutiny, the committee took evidence from Healthcare Improvement Scotland, which will have new powers of enforcement under the bill. We heard concerns about the extent to which HIS will have sufficient resources, capacity and training to be able to carry out its enforcement role effectively from the outset. To address those concerns, we call on the Scottish Government to publish an implementation route map to ensure that suitable processes, systems and resources are put in place by the date on which regulations will come into force.
Evidence that was submitted to the committee further highlighted that the penalties for offences that are created by the bill may not be sufficient to deter the bad actors who are willing to provide non-surgical procedures illegally. We therefore call for stronger penalties for offences that are committed under the terms of the bill.
The bill will provide an opportunity to improve data gathering on non-surgical procedures, particularly concerning the rate of procedures that are carried out successfully versus those that involve a complication or adverse reaction. More systematic data gathering will allow the bill’s implementation to be monitored and evaluated over time to determine its impact on patient safety.
Our scrutiny suggests that there is not a good level of awareness among the general public about the potential risks that are associated with such procedures or how to make a properly informed choice when accessing them. Our report therefore calls for a public awareness campaign as part of the implementation of the legislation to ensure that people have the confidence and knowledge to make informed choices should they wish to undergo a procedure.
Part 2 of the bill, which is entirely unrelated to part 1, concerns processes for certification of death and authorisation of cremation. The committee supports the proposed changes to those processes that are set out in the bill. Our view is that they will improve the processes by which medical certificates of cause of death are reviewed in Scotland, making them fairer and more efficient.
Subject to the recommended improvements that I have outlined, the committee strongly supports the bill’s provisions and has recommended that the general principles of the bill be agreed to. I look forward to hearing the contributions to this afternoon’s debate and to considering the bill further should the Parliament vote to approve its general principles.