# The Civic Government (Scotland) Act 1982 (Licensing of Non-surgical Procedures) Order 2026, Note: Explanatory note


(This note is not part of the Order)
This Order designates, at article 4, the activity of the provision of non-surgical procedures as an activity for which a licence under Part 1 of the Civic Government (Scotland) Act 1982 (“the 1982 Act”) is required in terms of section 44(1)(b) of that Act.
Non-surgical procedures are defined in article 3 and schedule 1 of this Order.
The Order requires that the designated activity is to be licensed from 6 September 2027 (article 4), but transitional provision is made where an application is made before that date for the grant of an appropriate licence (article 6). In such a case the activity may be carried out (without a licence) until the licensing authority has made a decision on the licence. Where a decision to refuse an application is then appealed to the sheriff, the activity may be carried out until that appeal has been disposed of.
The licensing provisions of Part 1 of the 1982 Act, including schedule 1 of that Act, will apply to such licences with the following modifications in place, as set out in schedule 2 of this Order (article 5)—
Section 3 of the 1982 Act is amended to allow local authorities 12 months rather than 6 months to determine licence applications (paragraph 2 of schedule 2).
Section 5 of the 1982 Act is amended to create a power of seizure for a constable or a person acting on behalf of the local authority, or an authorised civilian employee where they have reasonable cause to believe that the thing seized may provide evidence of the commission of an offence under section 7 of the 1982 Act (paragraph 3 of schedule 2).
Section 6 of the 1982 Act is amended to extend powers of entry to and search of unlicensed premises to any authorised officer of the licensing authority. It is also amended to create a power of seizure for a constable or an authorised officer of a licensing authority where they have reasonable cause to believe that the thing seized may provide evidence of the commission of an offence under section 7 of the 1982 Act (paragraph 4 of schedule 2).
Section 7 of the 1982 Act is amended to include provision which sets out that it is a defence to show that an accused had taken reasonable steps to establish the client’s age and reasonably believed that the client was aged 18 or over. Examples of proof of identification are listed to show when an accused is to be regarded as having taken reasonable steps (paragraph 5 of schedule 2).
Section 8 of the 1982 Act is amended to insert a new definition of premises (paragraph 6 of schedule 2).
Schedule 1 of the 1982 Act is amended (paragraph 7 of schedule 2)—
to require that the licensing authority must not make a final decision regarding an application for a licence prior to visiting the premises where designated activity is to be carried out.
to require that certain conditions are met before the licensing authority grants or renews a licence and stipulating the conditions which will be imposed when the activity is being carried out. This includes hygiene conditions and conditions related to the quality of the premises. Additionally, a condition attached to a licence is that non-surgical procedures should not be carried out on a person under the age of 18.
to require that the name of the person to whom the licence is granted, the address of the premises and the name of any business which is trading at those premises must be specified in the licence.
to disapply paragraph 8(3) of schedule 1 to the 1982 Act which provides that, on the death of the licence holder, the licence shall be deemed to have been granted to his executor and will remain in force for 3 months from the death of the licence holder.
to provide additional definitions in a new paragraph 19A and to omit paragraphs 20 and 21.

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