Delegated Powers and Law Reform Committee
This reportconsiders the delegated powers in theNon-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill(“the Bill”) at Stage 1.
The Committee considered the Bill at its meetings on 28 Octoberi, 25 Novemberii and 9 December 2025.
At its meeting on 28 October 2025, the Committee agreed to write to the Scottish Government to raise several queries regarding the delegated power in section 5 of the Bill. It received a response on 10 November 2025.
On 25 November, the Committee agreed that it would be beneficial to hold an evidence session with the Minister, which took place on 9 December 2025.
This Scottish Government Bill was introduced on8 October 2025. The lead committee is the Health, Social Care and Sport Committee.
The Bill proposes to regulate certain non-surgical procedures which pierce or penetrate the skin.Generally speaking, theseprocedures aresoughtfor cosmetic or wellbeing reasons. Procedures which are undertaken for health care treatment purposes are not covered.
The Billcontainssevenprovisions which create new delegated powers. TheScottish Governmenthas prepared a(“DPM”) which sets out all the delegated powers in the Bill and explains the reasons for taking the powers and the choice of procedure.
Review of relevant powers
Section 1(4) – Meaning of “non-surgical procedure”
Power conferredon:the Scottish Ministers
Power exercisable by: regulations made by Scottish statutory instrument Parliamentary procedure: negative
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Section 1 sets out circumstances where a procedure is not treated as a “non-surgical procedure” for the purposes of Part 1 of the Bill. One such circumstance is where the procedure is carried out for the prevention, diagnosis, or treatment of illness by a“regulated health care professional”,or under their direction.Regulated health professionals arepersons who areregulated by the General Medical Council, General Dental Council, General Optical Council, General Osteopathic Council, General Chiropractic Council, General Pharmaceutical Council, Nursing and Midwifery Council, or the Health and Care Professions Council.
Section 1(4) gives the Scottish Ministers power, by regulations, tomodifythis listofhealth regulators(and thereforethe definition of “regulated health care professional”).
Committee consideration
The DPM addresses this power at paragraphs16 and 17 where it is explained thata power isrequiredto amend the list of health care regulators to:
add any new and relevant regulators which areestablished;
remove any which are abolished; or
make amendments where the name of any listed regulator is changed.
This will ensure the list of regulatorsremainsaccurateand up to date.
The Committee considers that it isappropriate inprinciple to delegate this power toScottishMinisters, given the need to ensure the list of regulatorsremainsaccurateand responsive to changes in the regulatory landscape.
This powerallows for the modification of primary legislation through secondary legislation. While the Committee would usually expect such powers to be subject to the affirmative procedure, that will not always beappropriate. In this case, the power is clearly drafted and limited in scope — it may only be used to add, vary, or remove regulators from the list in section 1(3). It does notpermitbroader changes to the definition of “non-surgical procedure”.
The purpose of the power is to ensure that the exemption for regulated professionalsremainsup to date and reflects any changes in the regulatory framework. Given the technical nature of the power and its limited impact, the Committee considers that the negative procedure provides a sufficient level of parliamentary scrutiny.
The Committee accepts the proposed power in principle and is content with the choice of procedure.
Section 1(5) – Meaning of “non-surgical procedure”
Power conferredon:the Scottish Ministers
Power exercisable by: regulations made by Scottish statutory instrument
Parliamentary procedure: affirmative
Provision
Section 1(a)(iii) introduces schedule 1 of the Bill which specifies descriptions of procedures thatconstitutea “non-surgical procedure” for the purposes of the Bill.These includelaser treatments, chemicalpeelsand injectable procedures.Section 1(5)provides that the Scottish Ministers may by regulations amend the list ofnon-surgical procedures specified in schedule 1. This power is subject tothe affirmative procedure.
Committee consideration
The DPMexplains that a regulation-making power is needed to keep Schedule 1 up to date by:(i) adding new non-surgical procedures or those that change in how they are performed;(ii) amending descriptions of existing proceduresand (iii) removing procedures that are no longer practised or no longer require permitted premises.
The Committee considers that it isappropriate inprinciple to delegate this power toScottishMinisters, given the need to respond to developments in the aesthetics and cosmetic procedures sector, including the emergence of new techniques or changes in risk profile.That said, the inclusion or removal of a procedure from Schedule 1 could have significant legal consequences — including criminal liability.Given the potential significance of this power, whichpermitsthe modification of primary legislation, the Committee also considers that the affirmative procedure providesan appropriate levelof parliamentary scrutiny.
The Committee accepts the proposed power in principle and is content with the choice of procedure.
Section 2(6) – Offence of providing a non-surgical procedure to person under 18
Power conferredon:the Scottish Ministers
Power exercisable by: regulations made by Scottish statutory instrument
Parliamentary procedure: negative
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Section 2 creates a new offence of providing a non-surgical procedure to a person (“a client”) under the age of 18 years. It is a defence for anyone charged with this offence to show that they had taken reasonable steps toestablishthe client’s age andreasonably believedthe client to be aged 18 or over.Section 2(4) listsacceptable forms of ID such as a passport or driving licence.Section 2(6) of the Bill allows the Scottish Ministers to amend the list of documents that may be used to prove that a person is aged 18 or over.
Committee consideration
The Committee considers that it isappropriate inprinciple to delegate this power to Ministers, as it enables the list of acceptable documents to be updated in response to changes in available forms of identification or developments in digital verification.
Although this powerallows for the modification of primary legislation, itsscope is narrow and technical. The power is limited to amending the list of documents that may be accepted as proof of age.Given the limited and administrative nature of the power, the Committee considers that the negative procedure provides a sufficient level of parliamentary scrutiny. This approach is consistent with other legislation wheresimilarpowers aretakento update lists or technical criteria.
The Committee accepts the proposed power in principle and is content with the choice of procedure.
Section 4(4) – Meaning of “permitted premises”
Power conferredon:the Scottish Ministers
Power exercisable by: regulations made by Scottish statutory instrument Parliamentary procedure: affirmative
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Section 3 provides that it is an offence to provide a non-surgical procedureoutwithpermittedpremises.Section 4defines“permitted premises”for the purposes of the Bill.Some of the permitted premises listed involve the provision or management of services by specified healthcare professionals. Section 4(4) provides that the Scottish Ministers may, by regulations,modifythe meaning of “permitted premises”.
Committee consideration
The DPMexplains thatthe non-surgical procedures sector is evolving quickly; new procedures and new ways of performing existing procedures are constantly developing. This may affect, among other things, the way procedures are administered, the type of settings they take place in, the training and skillsrequiredto administer them, and the level of healthcare intervention that isrequiredto perform them or respond to potential complications.To future-proof the Bill,ScottishMinisters need power to amend the definition of “permitted premises” so they can add, remove, or change the types of settings where procedures may be offered.
The Committee considers that it isappropriate inprinciple to delegate this power to Ministers, given the need to respond to developments in practice settings and regulation in the aesthetics sector.
This powerallows for the modification of primary legislation through secondary legislation. The Committee would usually expect such powers to be subject to the affirmative procedure, and that expectation is met here. Given the centrality of the definition to the operation of the offence, the Committee considers that the affirmative procedure providesan appropriate levelof parliamentary scrutiny.
The Committee accepts the proposed power in principle and is content with the choice of procedure.
Section 5 – Power to make further provision about non-surgical procedures
Power conferredon:the Scottish Ministers
Power exercisable by: regulations made by Scottish statutory instrument
Parliamentary procedure: affirmative
Provision
Section 5 allows the Scottish Ministers to impose further restrictions and requirements in relation to the provision of non-surgical procedures. Such regulations may include:
imposing different restrictions and requirements by reference to categories of non-surgical procedure as specified in the regulations;
specifying persons or descriptions of persons who may provide or supervise the provision of a non-surgical procedure;
specifying requirements about the training or qualifications of persons who may provide or supervise the provision of a non-surgical procedure;
creating an offence in connection with a contravention of a restriction, or failure tocomply witha requirement, imposed by virtue of the regulations; or
conferring functions relating to the enforcement of provisions made under the regulations.
Section 5 also allows any regulations made under the power tomodifyany enactment (including the Bill).
Committee consideration
The Committee wrote to the Scottish Government to raise several queries regarding the delegated power in section 5 of the Bill. It received a response on 10 November 2025.
The Committee also took oral evidence from the Minister for Public Health and Women's Health on 9 December 2025.
The Committee’s questions focused on:
The rationale for introducing the Bill before UKIMA position is resolved; and
The breadth of the enabling power in section 5(1).
The Official Report of the meeting is available from this link. The correspondence above also provides additional background.
The Committee accepts the Minister’s explanation for the timing of the Bill, and acknowledges that, as a result, significant policy decisions will be implemented through subordinate legislation.
The Committee highlights to the lead committee the breadth of the power in section 5(1), which is unusually open-ended, lacks statutory limitations or guiding principles, and permits the amendment of primary legislation by secondary legislation.
The Committee recommends that the lead committee considers whether the power could be limited, for instance, by adding statutory consultation requirements or guiding principles to ensure its use is evidence-based and compatible with public health.
The Committee notes the Minister’s offer to update the Committee regarding the UKIMA position.
Section 18 – Ancillary provision
Power conferredon:the Scottish Ministers
Power exercisable by: regulations made by Scottish statutory instrument
Parliamentary procedure: affirmative if amending primarylegislation, otherwisenegative
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Section 18 provides the Scottish Ministers with the power to make, by regulations, such incidental, supplementary, consequential, transitional,transitoryor saving provision as they considerappropriate inconnection with or for giving full effect to the Bill, any provision of the Bill or any provision made under it.
Committee consideration
This power is drafted in similar terms to the ancillary powers which are taken in most Bills. Its extent is restricted, as it can only be used to give full effect to the Bill as enactedor any provision made under it. The power allows the Scottish Ministers to address any ancillary issues that may arise. Without such a power, any changes would require primary legislation, which would be an inefficient use of the Parliament’s time and the Scottish Government’s resources.
The affirmative procedure applies where the power is exercised to make regulations that amend primary legislation, otherwise the negative procedure applies.
The Committee accepts the proposed power in principle and is content that it is subject to the negative procedure unless amending primary legislation when it will be subject to the affirmative procedure.
Section 20(2) – Commencement
Power conferredon:the Scottish Ministers
Power exercisable by: regulations made by Scottish statutory instrument
Parliamentary procedure: laid, no procedure
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Section 20 provides for the Scottish Ministers, by regulations, to appoint a day when the provisions of the Bill come into force. Certain sections are excepted from this power, namely sections 15, 18, 19, 20 itself and 21, as they come into force on the day after Royal Assent.
Committee consideration
This is a standard commencement power. The Committee is therefore content.
The Committee accepts the proposed power in principle and is content that it will not be subject to any parliamentary procedure.