Scotland’s new enforcement powers and what England’s proposed licensing regime could mean for practitioners.

Scotland’s New Aesthetics Law: Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill

In March 2026, Scotland passed the Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill. This Bill came into effect to target the rapidly growing aesthetics industry, which carries significant variation in standards.

Key Change

Scotland’s new legislation applies to ‘high-risk’ non-surgical procedures that penetrate the skin, including invasive aesthetic procedures and treatments such as ablative laser, dermal fillers, botulinum toxins, and thread lifts.

Under the new legislation, high-risk non-surgical procedures must:

• Be carried out by, or under the supervision of an appropriate healthcare professional;
  Such as doctors, dentists, and healthcare professionals with prescribing rights
• Within a registered, regulated premises, and
  A premises includes somewhere regulated by Healthcare Improvement Scotland (HIS), or
  Somewhere where services are delivered by healthcare professionals such as doctors, dentists, and nurses.
• Not performed on anybody under 18
  In Scotland, if a procedure is carried out that does not meet the above requirements, this could constitute a criminal offence. Put simply, Scotland is drawing a clear line to minimise harm to members of the public.

Non-healthcare professionals

Non-healthcare professionals can still practice, but only if they work in an HIS-registered clinic and under the supervision of a healthcare professional.

How will this be regulated?

The Scottish Government has granted HIS powers to regulate the use of ‘regulated premises’ and to enforce these safety standards.

Why is this important?

The new legislation makes it a criminal offence to provide non-surgical cosmetic procedures in certain situations, with fines of up to £20,000.

In other words, what used to be handled as a regulatory compliance issue can now carry real criminal exposure for businesses and practitioners.

What does this mean in practice?

In practical terms, businesses in Scotland have until at least September 2027 to prepare for the change. This gives businesses time to review who is delivering treatments, where they are delivered, and what changes need to be made to meet the new standard.

More broadly, this signals a shift in how the aesthetics sector is being policed, towards tighter controls, clearer accountability, and tougher consequences for getting it wrong.

Will England adopt this approach? Statutory Licensing Regime in England

Whilst Scotland has taken the lead, England already has the legislative framework to introduce a statutory licensing regime under the Health and Care Act 2022. Although the implementation date has not been announced, recent government statements indicate that tighter regulations remain under active/constant consideration.

Tighter oversight is already underway in England. In June 2025, regulators restricted ‘remote’ prescribing practices for non-surgical cosmetic prescriptions.

In August 2025, the Department of Health and Social Care reaffirmed its commitment to introducing a statutory licensing regime for non-surgical cosmetic procedures. The proposed framework would give the government power to implement practitioner and premises licensing, enhanced safety standards, and restrictions on higher-risk procedures.

Since then, the government has faced increasing pressure for stronger oversight, consistent standards, and greater patient protection across the industry.

The direction of travel is clear. The current patchwork of regulation within the aesthetics industry is under increasing scrutiny. Should England follow Scotland’s approach, practitioners who fail to comply with the future regulatory requirements may ultimately face criminal consequences for getting it wrong.

How can we help?

The regulation of the aesthetics sector is evolving rapidly. As Scotland introduces criminal sanctions for non-compliance and England moves closer to a statutory licensing regime, practitioners and businesses should be reviewing now rather than waiting for reform to take effect.

JMW’s Regulatory teams advise healthcare professionals, clinic owners, and businesses on regulatory compliance, investigations, and enforcement action. Whether you are seeking to understand your obligations under the current framework, preparing for future licensing requirements, or responding to action taken by a regulator, we can provide clear, practical advice at every stage.

We also represent clients facing criminal investigations and prosecutions arising from alleged regulatory breaches, helping to protect both their business and professional reputation.

If you would like to discuss how these developments could affect your practice or how best to prepare for future regulation, please contact our Regulatory Team.