Current legal framework: A patchwork of regulation
The UK’s cosmetic procedures sector operates under a fragmented and often inadequate regulatory regime. While surgical interventions are subject to healthcare regulation, many non-surgical aesthetic procedures – such as Botox, dermal fillers, and high-risk treatments like Brazilian Butt Lifts (BBLs) – remain largely outside statutory oversight.
In Scotland, the regulatory gap is particularly pronounced. Non-surgical cosmetic treatments carried out by non-healthcare professionals are not comprehensively covered by legislation, meaning invasive procedures can be performed with minimal oversight. This lack of statutory control raises patient safety concerns and exposes businesses to reputational and legal risks. A planned shift towards stricter regulation across the UK aims to close existing safety gaps, reduce complications, and protect patients from unqualified operators.
Anticipated reforms in Scotland
In response to rising safety concerns, the Scottish Government plans to introduce a tiered, risk-based licensing system for non-surgical cosmetic procedures:
- Group 1 (low-risk) procedures may be performed by trained non-healthcare professionals in licensed or Healthcare Improvement Scotland (HIS)-regulated premises.
- Group 2 (moderate-risk) procedures must be carried out in HIS-regulated settings under the supervision of an on-site healthcare professional.
- Group 3 (high-risk) procedures may only be performed by qualified healthcare professionals in HIS-regulated premises.
- Premises and practitioners will require licences, with local authorities and HIS responsible for enforcement.
- Procedures will be restricted to individuals aged 18 and over.
These reforms are currently at the consultation stage. To implement the proposals, the Scottish Government will need to introduce legislation. The Non-Surgical Cosmetic Procedures Bill is expected to be introduced in the Scottish Parliament before May 2026.
Anticipated reforms in England
The UK Government has announced plans to introduce a licensing regime for cosmetic procedures in England, overseen by the Care Quality Commission (CQC).
Key proposed features include:
- Restricting high-risk procedures – such as BBLs, deep chemical peels, and certain injectables – to qualified professionals.
- Requiring these procedures to be carried out in registered premises that meet defined safety and hygiene standards.
- Mandating insurance, training, and ongoing professional development for practitioners.
These reforms were announced by the UK Government in August 2025. A public consultation is expected early next year, with legislation to follow.
Operational implications for businesses
The forthcoming licensing regimes in England and Scotland will require clinics, salons, and mobile practitioners to overhaul their operational models to meet heightened regulatory expectations.
Cosmetic providers should pay particular attention to:
- Compliance systems: Implement documented procedures to demonstrate adherence to CQC or HIS standards, maintain inspection readiness, and evidence licensing compliance.
- Staff training: Ensure practitioners possess the qualifications, certifications, and ongoing professional development required under the applicable regime.
- Premises upgrades: Adapt facilities to meet hygiene, equipment, and accessibility standards mandated for licensed or regulated premises.
- Insurance coverage: Maintain enhanced professional indemnity and public liability policies that meet statutory requirements.
Failure to comply may result in regulatory penalties, enforced closures, reputational damage, and loss of market access.
Commercial contracts and risk allocation
Regulatory reform will also reshape commercial contracting within the cosmetic sector. Businesses will need to ensure that their contracts with practitioners, suppliers, and third-party service providers allocate risk appropriately.
Key contractual considerations include:
- Regulatory compliance warranties: Confirming that all parties hold the necessary licences and meet applicable safety standards.
- Indemnities: Protecting businesses against losses arising from a counterparty’s non-compliance or negligent performance.
- Termination rights: Allowing immediate contract termination where regulatory breaches occur or licences are revoked.
By embedding these protections, businesses can manage the heightened regulatory risk that will accompany the forthcoming licensing regime.
Conclusion
The UK’s cosmetic sector is on the cusp of a significant legal transformation. The proposed regimes represent a decisive move towards patient protection and professional accountability. For businesses, the shift will necessitate not only operational investment but also a strategic overhaul of contractual frameworks to safeguard against regulatory and liability exposure.
