Think Botox, fillers, microneedling, chemical peels and laser treatments, the quick fixes that promise smoother skin or fuller lips. But with those promises came the risks of botched treatments, infections and permanent scarring, in many cases due to inadequate training or unhygienic surroundings.
The Scottish Government has introduced new legislation to regulate these types of procedures, with the aims of ensuring that there is appropriate oversight and that anyone carrying out these treatments is appropriately trained.
The Civic Government (Scotland) Act 1982 (Licensing of Non-Surgical Procedures) Order 2026, which came into force last month, introduces a new type of licence for certain non-surgical procedures that are deemed to be low risk. Anyone carrying out these procedures will require to obtain a licence from their local authority, effective from 6 September 2027, for both the practitioner performing the procedure and the premises on which the procedure will be performed.
The low-risk treatments covered by the new licence requirements include:
- Superficial chemical peels
- Cryolipolysis (also known as 'fat freezing')
- Cryotherapy or cryocautery (e.g. for spots, skin tags and warts)
- Advanced electrolysis or electrocautery
- HIFU (high-intensity focused ultrasound)
- Microneedling (shallower than 1.5 mm)
- Non-ablative laser or light treatments
- Radio-frequency skin tightening
Practitioners will not be permitted to use prescribed anaesthetics with these procedures or (with the exception of non-ablative laser hair removal) carry out such procedures on intimate areas of the body.
Before any licence can be granted, there are various conditions the premises must meet in order to be eligible. Amongst other things, these conditions require the premises to have good ventilation and sufficient lighting for the purposes of providing non-surgical procedures. Various sanitary requirements are also imposed, including having a washable bed or chair, hands-free sinks and sterilisation equipment. The local authority is not permitted to grant a licence until a licensing officer has inspected the premises and the local authority is satisfied that all of these conditions have been met.
Added to that are the ongoing mandatory conditions that all licences will be subject to. As well as a general obligation to ensure that the premises are kept clean and properly maintained, there are specific requirements for each procedure, including only single-use disposable needles being used and practitioners changing their disposable non-latex gloves for each client. Clear, easy to understand written information on the process and risks for each procedure must also be provided to all prospective clients.
No procedures can be carried out on anyone under 18. Notices must be displayed on the premises clearly stating that no treatments will be carried out on anyone under the age of 18 or on anyone under the influence of alcohol or drugs. Practitioners will be required to verify a client's age before providing any treatment, which will mean checking photo ID such as a passport or driving licence and refusing treatment if they suspect the client is intoxicated.
Failure to have a licence or comply with the licence conditions comes with the risk of a fine of up to £2,500, the licence being revoked and the possibility of a five-year ban from holding a licence for more serious breaches.
Those are not the only steps being taken by the Scottish Government though to regulate the aesthetics industry. The Non-Surgical Procedures and Functions of Medical Reviewers (Scotland) Bill is racing through its final stages in Holyrood, with Stage 3 debates expected to take place later this month. This Bill targets the higher-risk end of non-surgical cosmetic treatments such as Botox and dermal fillers, deeper microneedling, advanced chemical peels and non-surgical Brazilian butt lifts. If the Bill is passed, these higher-risk treatments will be restricted to healthcare settings only, like regulated clinics and pharmacies where qualified doctors, dentists and nurses are available for oversight and to handle any complications. It would be illegal to perform these treatments in salons or other non-healthcare premises even if they are licensed under the 2026 Order for the lower-risk non-surgical procedures.
It is clear that the sector is set for a significant makeover in 2027 whether it wants it or not. Businesses offering lower-risk non-surgical procedures will need to make significant investment both in upgrading their facilities and upskilling their staff so they can apply for a licence before 6 September 2027 in order to continue providing those treatments. If the Bill is passed, as it is widely expected to be, higher-risk procedures being carried out in salons or by non-medical practitioners will be a thing of the past. The intended result is a safer, cleaner, more professional cosmetic industry in Scotland where clients are protected and only qualified hands are allowed to deliver the transformations.
With significant regulatory change ahead, early preparation will be important. Businesses, practitioners and property owners operating in or alongside Scotland’s aesthetics sector should consider their position now, including licensing readiness, premises requirements, contractual arrangements and future operating models. MFMac advises clients on the regulatory, property and commercial issues arising from these reforms and can provide tailored advice to support compliance well in advance of the deadline.
