Democracy Spraffa

9. Consultation on the Regulation of non-surgical cosmetic Procedures - Report

Renfrewshire Council · 11 March 2025
Back to Communities and Housing Policy Board — 11 March 2025 and its agenda

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___________________________________________________________________
To: Communities and Housing Policy Board 
On: 11 March 2025
___________________________________________________________________
Report by: Director of Environment, Housing and Infrastructure
___________________________________________________________________
Heading: Consultation on the Regulation of non-surgical cosmetic
procedures
___________________________________________________________________
1.  Summary 
1.1 The number of non-surgical cosmetic procedures being carried out across
Scotland and throughout the UK has risen considerably over recent years. 
1.2 Non-surgical cosmetic procedures are a range of procedures carried out with
the intention of enhancing or altering a person’s physical appearance without
surgical interventions. For the purposes of this report, these are defined to
include procedures that penetrate the skin, either through a needle or blade,
or that involve penetrating chemicals, radiation, sound, or light. Examples
include: microneedling, laser tattoo removal, Botox, dermal fillers, buttock,
breast, and nose augmentation, etc. 
1.3 With the growth of this industry, there are increasing concerns regarding
safety and the risk of harm from non-surgical cosmetic procedures. Although
not exclusively, there are concerns regarding procedures being undertaken
out with traditional healthcare settings. 
1.4 A public consultation was launched by the Scottish Government on 20
December 2024 and closed on 14 February 2025. It seeks to establish how
best to further regulate non-surgical cosmetic procedures to reduce the
potential for harm to those choosing to take up such procedures. They are
proposing a model of regulation which protects the public while being
proportionate and seek to provide a framework where potential clients can
undergo procedures with confidence and where responsible, suitably trained,
and qualified providers can continue offering them.

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___________________________________________________________________
2. Recommendations 
It is recommended that the Communities and Housing Policy Board: 
2.1 notes the consultation proposals, and agree to homologate the response, as
detailed within Appendix A, and 
2.2 notes that a further report will be brought to a future meeting of this Policy
Board, when the legal requirements have been established with an update on
implications for the Council and the Service.
______________________________________________________
3. Background 
3.1 Over recent years, there has been a rise in the number of people undergoing
non-surgical cosmetic treatments throughout Scotland and the UK. 
3.2 Independent healthcare clinics in Scotland are regulated by Healthcare
Improvement Scotland (HIS) and any non-surgical cosmetic procedures taking
place in these settings are subject to certain hygiene and safety standards.
However, the sector is not yet fully regulated, meaning that anyone can
perform procedures, without the need for any formal training or qualifications. 
3.3 Whilst there are many reputable practitioners, a significant number of
businesses operate in non-healthcare settings with procedures being
undertaken by poorly trained, untrained, or unqualified staff. In addition, there
are concerns regarding the use of uncontrolled, unapproved and unlicensed
products for these procedures which presents a significant risk of injury or
harm to members of the public. 
3.4 This consultation proposes an approach to introduce more regulation to this
sector and considers the existing regimes of: HIS regulation of independent
healthcare; regulation of healthcare professionals, licensing and regulation of
medicines and medical devices; and licensing of procedures including
tattooing and ear piercing by local authorities. 
3.5 The existing regimes are a mix of devolved and reserved matters. The
regulation of medicines and medical devices and the regulation of certain
professions are reserved to the UK government and as such these proposals
cannot make any changes to them. HIS regulation of independent healthcare
services and the existing licencing regime for tattooing and skin piercing are
devolved to the Scottish Government, but while it may be possible to change
the existing regimes, the proposal outlines the importance to ensure that no
changes are made that undermine the effectiveness and proportionality of the
existing schemes as they already apply.

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3.6 The main proposals in this consultation are that: private non-surgical cosmetic
procedures should only take place in either an independent clinic or other
healthcare setting regulated by Healthcare Improvement Scotland, or in a
business premises that is licenced by a local authority. The type of treatments
undertaken by a business will determine the competent regulatory body. 
3.7 Wherever a procedure takes place, it is proposed to establish standards,
unless these are already established by virtue of the existing HIS regime for
training and qualifications, insurance and indemnity, premises hygiene and
equipment and materials such as disposable needles and consumable
products used in the procedures. 
3.8 The consultation lists 3 groups of procedures with the least invasive lower risk
procedures (group 1) being proposed for premises and practitioners licensed
by the local authority. Higher risk procedures in group 2, would be required to
be delivered by or under the supervision of a health care professional in an
HIS regulated premises and the most invasive, highest risk procedures in
group 3, will also be reserved for HIS regulated settings, and carried out by an
appropriate healthcare professional. It should be noted that group 1
procedures could also be carried out in these HIS regulated settings. 
3.9 The proposed model builds on existing provision for tattoo parlours and skin
piercing establishments which are subject to licencing under the Civic
Government (Scotland) Act 1982 (licencing of skin piercing and tattooing)
order 2006. The existing order does not specify that both premises and
practitioners’ licences are required for these procedures and practice currently
varies between local authorities. Some require premises only licences and
some require premises and practitioner licences. Within Renfrewshire the
person operating the business holds the licence. 
3.10 It is proposed that the practitioner licence will list the procedures the
practitioner is qualified to undertake. In obtaining the licence the practitioner
will be required to demonstrate that they have met an agreed standard of
training, commensurate with the procedure being carried out. It would also be
a condition of the licence that practitioners either hold appropriate insurance
or that any procedures they undertake are insured through the premises they
are operating in. 
3.11 The consultation also considers age restrictions for these types of procedure.
It is proposed that there is an age limit determined by procedure or placing
conditions which ensure that age restrictions are put in place and all
procedures within the restricted age group are defined as class 3. 
3.12 The proposed regulation of non-surgical cosmetic procedures are generally
supported by Officers, however, it is recognised that no additional resource is
proposed to deliver its implementation. This is likely to have an impact on
Officer workload, in addition to specialised training in this regulatory sector
being required.

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3.13 The consultation response on behalf of Renfrewshire Council is attached in
Appendix A. 
__________________________________________________________________
Implications of the Report
1. Financial – None.
2. HR & Organisational Development – The new legislation will require to be
enforced by Environmental Health staff. Whilst recognised as an important
role in the wider public health remit, this will create additional work for officers.
In addition, officers will require additional professional training. 
3. Community/Council Planning – 
Our Renfrewshire is thriving – Environmental Health staff aim to support
businesses with any changes to minimise effects on economic growth. 
Our Renfrewshire is well – This consultation supports Renfrewshire Council’s
aim to support the wellness and resilience of our citizens by working to ensure
that our citizens are not at significant harm or risk.
4. Legal- None.
5. Property/Assets – None.
6. Information Technology – None. 
7. Equality & Human Rights – 
(a) The Recommendations contained within this report have been assessed
in relation to their impact on equalities and human rights. No negative
impacts on equality groups or potential for infringement of individuals’
human rights have been identified arising from the recommendations
contained in the report because for example it is for noting only. If
required following implementation, the actual impact of the
recommendations and the mitigating actions will be reviewed and
monitored, and the results of the assessment will be published on the
Council’s website.  
8. Health & Safety – None.
9. Procurement – None.
10. Risk – None.
11. Privacy Impact – None.
12. COSLA Policy Position – None.

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13. Children’s Rights- None.
14. Climate Risk – None.
_________________________________________________________
List of Background Papers
(a) Background  Paper Regulation of non-surgical cosmetic procedures - Scottish
Government consultations - Citizen Space
The foregoing background papers will be retained within (Environment, Housing and
Infrastructure) for inspection by the public for the prescribed period of four years from
the date of the meeting.  The contact officer within the service is (Gwyneth Heaney,
Senior Manager, Climate & Public Protection, Environment, Housing and
Infrastructure. Tel: 0141 487 1205 Email: gwyneth.heaney@renfrewshire.gov.uk) 
(b) The inclusion of background papers is based on a legislative requirement.
Background papers are those which the officer responsible for the report
considers contain information upon which the report was based and which
that officer has relied upon to a material extent in preparing the report. 
The only things which are exempted are published works and documents
which contain exempt information or confidential information. The officer
responsible for the report must prepare a list of background papers.  That list
and a copy of all the documents on the list then requires to be kept open for
inspection by the public for a period of four years from the date of the
meeting. 
___________________________________________________________________
Author:  Robert Marshall, Environmental Health Manager (Business Regulation)
Email: colin.hunter@renfrewshire.gov.uk

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Response ID ANON-W21S-ZPA3-B
Submitted to Regulation of non-surgical cosmetic procedures
Submitted on 2025-01-23 15:23:01
Questions about the grouping of procedures
1  Proposed Group 1 procedures
Group 1 Procedures - Microneedling:
Should be undertaken in either a licensed premises or in a HIS regulated setting (Group 1)
Group 1 Procedures - Chemical peels that only affect the outermost level of skin:
Should be undertaken in either a licensed premises or in a HIS regulated setting (Group 1)
Group 1 Procedures - IPL/LED therapy:
Should be undertaken in either a licensed premises or in a HIS regulated setting (Group 1)
Group 1 Procedures - Use of lasers for tattoo removal:
Should be undertaken in either a licensed premises or in a HIS regulated setting (Group 1)
Group 1 Procedures - Laser hair removal:
Should be undertaken in either a licensed premises or in a HIS regulated setting (Group 1)
2  Proposed Group 2 procedures
Group 2 procedures - Mesotherapy (injection of certain drugs, or other products into the middle layer of the skin):
Should only be undertaken in a HIS regulated setting (Group 2)
Group 2 procedures - Injections of toxins (e.g. Botox®) for cosmetic purposes:
Should only be undertaken in a HIS regulated setting (Group 2)
Group 2 procedures - Injections of drugs for cosmetic purposes:
Should only be undertaken in a HIS regulated setting (Group 2)
Group 2 procedures - Injections of semi permanent dermal fillers in small quantities (<2ml - e.g. to reduce wrinkles, or plump lips):
Should only be undertaken in a HIS regulated setting (Group 2)
Group 2 procedures - Any other injections of a product, even if it is not a drug or toxin, for lifestyle or cosmetic purposes. (not including tattooing which is
already licenced):
Should only be undertaken in a HIS regulated setting (Group 2)
Group 2 procedures - Medium depth peels (that penetrate and destroy the outer layer of skin fully and penetrate into the next layer or upper dermis):
Should only be undertaken in a HIS regulated setting (Group 2)
Group 2 procedures - Photo rejuvenation:
Should only be undertaken in a HIS regulated setting (Group 2)
Group 2 procedures - Radiofrequency treatments:
Should only be undertaken in a HIS regulated setting (Group 2)
Group 2 procedures - HIFU (high frequency ultrasound):
Should only be undertaken in a HIS regulated setting (Group 2)
Group 2 procedures - Cryolipolisis (the use of cold to destroy pockets of fat under the skin):
Should only be undertaken in a HIS regulated setting (Group 2)
3  Proposed Group 3 Procedures
Group 3 procedures - Platelet rich plasma, biotherapy or injections of any products derived from the patient’s blood:
Should be undertaken in a HIS regulated setting by an appropriate healthcare professional (Group 3)
Group 3 procedures - Injection microsclerotherapy (use of injections to treat visible spider veins):
Should be undertaken in a HIS regulated setting by an appropriate healthcare professional (Group 3)
Group 3 procedures - Injection lipolysis or injections of fat dissolving agents:
Should be undertaken in a HIS regulated setting by an appropriate healthcare professional (Group 3)
Group 3 procedures - Dermal micro coring (removal of small amounts of skin to reduce visible signs of aging):
Should be undertaken in a HIS regulated setting by an appropriate healthcare professional (Group 3)
Appendix 1

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Group 3 procedures - Hay fever injections:
Should be undertaken in a HIS regulated setting by an appropriate healthcare professional (Group 3)
Group 3 procedures - Any procedure involving intravenous fluids or drawing and processing bloods for cosmetic or lifestyle purposes, for instance
provision of intra venous vitamins and minerals, or intra venous blood oxygenation.:
Should be undertaken in a HIS regulated setting by an appropriate healthcare professional (Group 3)
Group 3 procedures - Use of dermal fillers for the purpose of augmentation of e.g. the breasts and buttocks:
Should be undertaken in a HIS regulated setting by an appropriate healthcare professional (Group 3)
Group 3 procedures - Deeper chemical peels such as phenol peels:
Should be undertaken in a HIS regulated setting by an appropriate healthcare professional (Group 3)
Group 3 procedures - All laser treatments not specified above, including lasers which target the deeper layers of the dermis.:
Should be undertaken in a HIS regulated setting by an appropriate healthcare professional (Group 3)
Group 3 procedures - Carboxytherapy (the injection of CO2 under the skin to promote collagen production):
Should be undertaken in a HIS regulated setting by an appropriate healthcare professional (Group 3)
Group 3 procedures - Cellulite subcision (making small incisions to reduce appearance of cellulite):
Should be undertaken in a HIS regulated setting by an appropriate healthcare professional (Group 3)
Group 3 procedures - Electrocautery (removal of skin tags through electricity):
Should be undertaken in a HIS regulated setting by an appropriate healthcare professional (Group 3)
Group 3 procedures - Cryotherapy and cryocautery (use of extreme cold to remove e.g. skin tags):
Should be undertaken in a HIS regulated setting by an appropriate healthcare professional (Group 3)
Group 3 procedures - Thread lifting and cogs (placement of dissolvable material under skin to tighten appearance and promote collagen):
Should be undertaken in a HIS regulated setting by an appropriate healthcare professional (Group 3)
Group 3 procedures - All group 1 or 2 procedures where procedures are carried out in an intimate area (except hair removal and not including
procedures such as tattooing and skin piercing which are already licenced):
Should be undertaken in a HIS regulated setting by an appropriate healthcare professional (Group 3)
4  Please provide any comments you have in relation to the grouping of procedures and the level of regulation required:
Please give us your views:
Renfrewshire Council agrees with the groupings as set out in the consultation.
Questions about the proposed licensing regime
5  Do you support or oppose the proposal that the practitioner of a Group 1 procedure operating in a licensed premises should also require a
licence?
Strongly support
6  Do you support or oppose the proposal that the practitioner of a Group 1 procedure operating in a HIS regulated setting should not require
a licence?
Neutral
7  Please provide any comments about the answers you have given to questions 5 and 6 about the proposals for the establishment of
licensing arrangements for Group 1 procedures:
Please give us your views:
8  To what extent do you agree or disagree that the Scottish Government should establish:
Standards for Licenced premises - Standards of hygiene and health and safety for licensed premises?:
Strongly Agree
Standards for Licenced premises - Standards of training and qualification for licensed practitioners?:
Strongly Agree
Standards for Licenced premises - Mandatory insurance and indemnity to compensate clients who suffer harm as a result of negligence or malpractice?:
Strongly Agree
9  To what extent do you agree or disagree that local authority officers should have powers of inspection and enforcement, including:

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Enforcement & Inspection powers for Local Authorities - The removing of a licence from premises or practitioners who cannot demonstrate compliance
with standards established by the Scottish Government?:
Strongly Agree
Enforcement & Inspection powers for Local Authorities - Barring individuals from holding a licence if they are associated with serious or repeated
non-compliance with the standards established by the Scottish Government?:
Strongly Agree
10  Which of the following statements do you agree with in relation to whether a vehicle can receive a licence as a premises? (Pick one)
Vehicles should be eligible for a licence in all local authorities
Questions about the restriction of procedures to a HIS regulated setting
11  To what extent do you agree or disagree that the Scottish Government should establish:
Standards of training and insurance for non-healthcare professionals - Standards of training and qualification for non-healthcare and healthcare
professionals undertaking procedures in HIS regulated services?:
Strongly Agree
Standards of training and insurance for non-healthcare professionals - Mandatory insurance and indemnity to compensate clients who suffer harm as a
result of negligence or malpractice?:
Strongly Agree
12  Do you agree or disagree that the healthcare professional supervising a group 2 procedure should:
Supervising healthcare professional - Conduct the / any initial consultation(s) with the client?:
Agree
Supervising healthcare professional - Prescribe any medications (e.g. Botox TM, lidocaine) required during the procedure, or required for the
management of any complications that arise?:
Agree
Supervising healthcare professional - Remain available on site for the duration of any procedure?:
Agree
Supervising healthcare professional - Be responsible for ensuring the practitioner is suitably trained for the procedure?:
Agree
Supervising healthcare professional - Be responsible for ensuring the procedure will be undertaken safely?:
Agree
Supervising healthcare professional - Be themselves suitably trained and qualified in the procedure being undertaken?:
Agree
13  Thinking about the healthcare professional undertaking a group 3 procedure, which statement below do you agree with:
These procedures should be undertaken by a suitably trained and qualified healthcare professional working within their scope of practice, but not
otherwise be limited.
14  If your answer to the last question was that these procedures should only be undertaken by certain healthcare professionals, please tick
all the healthcare professionals to which they should apply:
15  Do you agree or disagree that the following settings should be required to register with Healthcare Improvement Scotland if they are
offering non-surgical cosmetic procedures?
Healthcare settings - HIS registration - GP practices:
Agree
Healthcare settings - HIS registration - Dental practices:
Agree
Healthcare settings - HIS registration - Community pharmacies:
Agree
16  Do you agree or disagree that Healthcare Improvement Scotland should have powers of inspection, including powers of entry and
inspection of unregistered settings where there is reason to believe registration is required?
Agree

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Questions about age restrictions
17  Which of the following statements is closest to your view? (please select only one option)
There should be a lower age limit under which clients should not be allowed to undertake an NSCPs (different ages are considered in Question 18)
18  Regardless of your answer to question 17, if an age limit is to be put in place please indicate for each procedure group what you think is
the appropriate age to be set for the procedures in that group.
Preferred Age Limit - Procedure Group 1:
Limited to clients aged 18 and over
Preferred Age Limit - Procedure Group 2:
Limited to clients aged 18 and over
Preferred Age Limit - Procedure Group 3:
Limited to clients aged 18 and over
19  Do you agree or disagree that procedures on intimate areas should only be available to clients of 18 years of age and over?
Agree
Questions about equalities, Fairer Scotland duty, impact on island communities and UNCRC
20  What are your views on how, if at all, the introduction of licensing and regulation of the non‑surgical cosmetics sector in Scotland might
affect anyone based on their protected characteristics?
Please give us your views.:
Renfrewshire Council do not believe that the introduction of licencing and regulation will have any detrimental effect on anyone based on their protected
characteristics.
21  What are your views on how the introduction of licensing and regulation of the non‑surgical cosmetics sector in Scotland might affect
people differently based on their financial situation?
Please give us your views.:
Renfrewshire council do not believe that the introduction of licensing and regulation of the non‑surgical cosmetics sector in Scotland will affect people
differently based on their financial situation.
22  What are your views on how the introduction of licensing and regulation of the non‑surgical cosmetics sector in Scotland might affect
access to safe, high‑quality services in island communities?
Please give us your views.:
23  What are your views on how the introduction of licensing and regulation of the non‑surgical cosmetics sector in Scotland and the potential
of age restrictions might affect respecting, protecting and fulfilling the rights of children and young people as set out in the UN Convention on
the Rights of the Child?
Please give us your views.:
Renfrewshire Council do not believe that the introduction of licensing and regulation of this sector will affect respecting, protecting and fulfilling the rights
of children and young people as set out in the UN Convention on the Rights of the Child.
About you
24  What is your name?
Name:
Robert Marshall
25  Are you responding as an individual or an organisation?
Organisation
26  What is your organisation?
Organisation:
Renfrewshire Council

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27  Further information about your organisation's response
Please add any additional context:
It is recognised that the introduction of licensing and regulation of the non‑surgical cosmetics sector in Scotland may add additional burdens to local
authorities. The impact in this regard must be considered and sufficient resource made available.
Any licensing scheme should ensure consistency throughout Scotland with training and guidance being made available to officers. In addition, any
licensing fees should ensure cost recovery for the services involved is achieved.
28  Further information about your connection to the non-surgical cosmetic procedures sector
I am not involved in the non-surgical cosmetics sector
29  The Scottish Government would like your permission to publish your consultation response. Please indicate your publishing preference:
Publish response only (without name)
30  Do you consent to Scottish Government contacting you again in relation to this consultation exercise?
Yes
31  What is your email address?
Email:
robert.marshall@renfrewshire.gov.uk
32  I confirm that I have read the privacy policy and consent to the data I provide being used as set out in the policy.
I consent
Evaluation
33  Please help us improve our consultations by answering the questions below. (Responses to the evaluation will not be published.)
Matrix 1 - How satisfied were you with this consultation?:
Very satisfied
Please enter comments here.:
Matrix 1 - How would you rate your satisfaction with using this platform (Citizen Space) to respond to this consultation?:
Very satisfied
Please enter comments here.: