# The Civic Government (Scotland) Act 1982 (Licensing of Non-surgical Procedures) Order 2026, Article 6: Transitional provision


(1) A person who on or after 6 September 2027 carries on the activity designated by article 4 without a licence under Part 1 of the 1982 Act is not guilty of an offence under section 7(1) of that Act if—
(a) the person made an application to the licensing authority before that date for the grant of a licence under Part 1 of that Act in respect of the activity being carried out by the person, and
(b) that application has not yet been finally determined.
(2) For the purposes of paragraph (1)(b), an application is finally determined—
(a) when it is withdrawn by the applicant,
(b) when it is refused by the licensing authority and the period of 28 days specified in paragraph 18(4) of schedule 1 of the 1982 Act expires without an appeal against the refusal being made to the sheriff, or
(c) in a case where an appeal is made against a refusal by the licensing authority, when that appeal is disposed of.
(3) For the purposes of paragraph (2)(c), an appeal is disposed of—
(a) when it is abandoned by the appellant, or
(b) when a decision on it is made by the sheriff or a higher court and any period for making a subsequent appeal to a higher court expires without such a subsequent appeal being made.

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Source: https://www.legislation.gov.uk/sdsi/2026/9780111064917/article/6 (the official version)
Page: https://openlegislation.uk/draft-civic-government-scotland-act-1982-licensing-of-non-surgical-procedures-order-2026/article-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.