Scotland Moves Ahead On Non-surgical Cosmetic Procedure Licensing – And England Needs To Catch Up

The non-surgical cosmetic sector has long operated in a regulatory grey area, despite repeated calls for reform and well-documented risks. Scotland has taken the decisive step to address that gap by introducing the UK’s first statutory licensing framework for these procedures through the Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Act 2026. The Act received Royal Assent on 12 May 2026.

Lesley Harper, Licensing Associate, explains what the new framework means and what businesses should be doing now.

What does the Non-Surgical Procedures Act do?

The Act introduces legal controls over procedures that involve piercing or penetrating the skin using:

• needles
• chemicals
• heat, cold, or light
• lasers, sound, or electricity

In practical terms, this captures many higher-risk cosmetic treatments commonly offered outside traditional healthcare settings.

Key features include:

• Criminal offences for carrying out procedures in prohibited circumstances
• A blanket prohibition on certain procedures for under-18s
• Restrictions requiring treatments to take place in approved premises
• Enforcement powers for authorised officers, including entry, search, and seizure
• The ability to prosecute organisations, with personal liability for senior inpiduals where failings arise through consent or neglect
• Scope for further regulations and statutory guidance, allowing the regime to evolve

What stands out here is that the law is no longer simply responding after things go wrong and punishing bad practice after the event. It is about setting expectations upfront, on premises, training, oversight, and accountability.

From a practitioner’s perspective, that is a significant development.

Why this matters now

The risks associated with non-surgical cosmetic procedures are not theoretical.

In recent years, concerns have been raised about:

• Dermal fillers administered by inpiduals with little or no formal training
• Treatments taking place in unsuitable environments, such as back rooms of salons or even private homes
• Inconsistent age checks, with reports of under-18s accessing procedures
• Complications ranging from infection and scarring to more serious vascular issues

At present, the legal framework has struggled to keep pace with these realities. Enforcement has largely been reactive; stepping in only after something has gone wrong. Scotland’s approach signals a shift towards prevention, which is exactly what licensing law is intended to achieve.

Scotland vs England: a growing gap in licensing law

England has not ignored the issue. The Health and Care Act 2022 already provides the legal basis for a licensing scheme, and consultations have taken place. However, progress in turning that framework into a working system has been slow.

In the meantime, the sector continues to operate with:

• Patchy regulation
• Unclear standards around who can perform certain treatments
• Limited consistency in training and qualifications
• Gaps in enforcement

That delay is increasingly difficult to justify. This is particularly the case when the underlying problems have been widely recognised for years.

Scotland’s decision to legislate looks less like a bold experiment and more like a practical response to an obvious regulatory gap. It demonstrates that a statutory scheme is not only possible, but deliverable.

The question now is no longer whether tighter regulation is needed in England, but how long can it realistically be postponed.

What this means for businesses

For businesses and advisers, this should not be seen as a purely Scottish development. The view across the UK is clearly towards tighter regulation, stronger age protections, closer scrutiny of premises, and more formal expectations around training, governance and compliance.

In our experience advising in licensing and regulatory matters, we are already seeing increased scrutiny in areas such as:

• The suitability of treatment premises
• Staff training and supervision
• Record-keeping and consent processes
• Safeguarding and age verification

For example:

• A salon offering injectable treatments may find that what was previously acceptable informally will soon require formal premises approval and inspection
• A practitioner relying on short, unaccredited training courses may need to demonstrate recognised competencies or qualifications
• Businesses with informal or inconsistent consent procedures could face challenges under a system that expects clear, documented compliance

Practical steps to take now

Businesses should start preparing for a more regulated environment, rather than waiting for formal requirements to be imposed.

Key actions:

• Review treatments offered and identify those likely to fall within regulatory scope
• Assess whether premises meet expected clinical and safety standards
• Strengthen record-keeping, consent, and aftercare processes
• Implement robust age-verification and safeguarding procedures
• Review staff training, supervision, and insurance arrangements
• Stay informed on further regulatory developments in both Scotland and England

Those who take early steps will be in a much stronger position when licensing becomes mandatory.

My perspective on the Act

From a licensing perspective, I believe Scotland’s Act is a positive step towards a safer and more accountable industry.

Rather than taking action only after something has gone wrong, it focuses on preventing harm through clear standards, effective oversight and greater accountability. It sets out who can carry out higher-risk procedures, where they can be performed, and how those services should be regulated.

In doing so, it brings the non-surgical cosmetic sector in line with other licensed industries where protecting public safety is a key priority

Prepare for cosmetic procedure licensing in England and Wales

Scotland has moved the conversation from principle to practice. England is likely to follow. But businesses that wait for regulation to catch up may find themselves on the back foot.

There is also a broader shift underway. Compliance in this space is no longer just about avoiding enforcement action. It is becoming a marker of credibility and trust in an increasingly scrutinised industry.

As the regulatory landscape continues to evolve, early preparation will be key. Businesses that take steps now to strengthen compliance, governance and operational standards will be better placed to adapt when formal licensing regimes are introduced more widely across the UK.

Our Licensing Team is closely monitoring developments in both Scotland and England and advising clients on how to prepare for these changes.