14 August 2026
Scotland's Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Act 2026 is law, and its first provisions commenced on 22 July 2026, but the headline claim circulating in parts of the trade press, that treating under-18s is now a criminal offence, is wrong. Only definitions, guidance powers and a regulation-making power commenced that day; the under-18 offence itself, the permitted-premises regime and Healthcare Improvement Scotland's enforcement powers all remain switched off, and the earliest the premises rule can start is 6 September 2027.
What actually commenced on 22 July 2026
On 22 July 2026, the Scottish Government brought only part of the Act into force under S.S.I. 2026/206: sections 1, 2(3), 4(3), 5, 14, 15, 17, 19, 20 and 23, plus schedules 1 and 2. These are definitions, guidance powers, the medical reviewer and death certification provisions, and crucially the power under section 2(3) for the Scottish Ministers to specify by regulation what counts as reasonable steps to verify a client's age. No offence created by the Act is yet in force.
The under-18 offence: what it will say, and when
Section 2(1) will make it an offence to provide a non-surgical procedure to anyone under 18, with a defence under section 2(2) where the provider took reasonable steps to establish the client's age and reasonably believed they were 18 or over. Once commenced, breach will carry a fine of up to £20,000 on summary conviction, or a fine on conviction on indictment. As of 14 August 2026, section 2(1) itself has not been commenced, only the regulation-making power that will define reasonable steps has taken effect.
Permitted premises: 6 September 2027 is a floor, not a start date
Section 3, which will confine regulated procedures to registered permitted premises, has not commenced, and section 24(4) of the Act states that regulations may not appoint a day earlier than 6 September 2027 for section 3 to come into force. That is the earliest possible date, not a confirmed one, no commencement order for section 3 has yet been made. Healthcare Improvement Scotland's related enforcement powers, including entry, inspection and seizure, and the obstruction offence under section 11, are likewise not yet in force.
How this compares with England, where a narrower rule already applies
Schedule 1 of the Act, already in force, lists the specified procedures the wider regime will eventually cover, including ablative laser treatment, chemical peels that penetrate deeper than the epidermis, dermal microcoring, injectable and intravenous procedures, microneedling to a depth of 1.5 millimetres or more or to any depth where radiofrequency energy is delivered through the needles, subcision and thread lifts. In England, the Botulinum Toxin and Cosmetic Fillers (Children) Act 2021 already makes it an offence to provide botulinum toxin or filler procedures to under-18s for cosmetic purposes, a narrower rule that is enforceable today, while Scotland's broader equivalent covering a longer list of procedures is law but not yet switched on. Clinics operating in both nations should treat the English restriction as binding now and Scotland's as a near-term certainty to prepare for, not a rule to apply yet.
Common questions
Is treating under-18s illegal in Scotland yet?
Not yet. Section 2(1) of the Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Act 2026 will make it an offence to provide a non-surgical procedure to anyone under 18, but only the related regulation-making power, section 2(3), commenced on 22 July 2026. The offence itself is still awaiting its own commencement date.
When will Scotland's permitted premises rule apply?
No earlier than 6 September 2027. Section 24(4) of the Act sets that as the earliest date regulations may appoint for section 3 to come into force, it is a statutory floor rather than a confirmed start date, and no commencement order has yet been made.
What actually commenced on 22 July 2026?
Definitions, the medical reviewer and death certification provisions, guidance powers, and the power for Scottish Ministers to specify by regulation what counts as reasonable steps to verify a client's age, plus schedule 1, listing the specified non-surgical procedures. No offence under the Act is yet in force.
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