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FOI/202600528360 · FOI · not held

Development of secondary legislation under the Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Act 2026: FOI release

Published
2026-08-17
Received
2026-07-19
Responded
2026-08-12
Directorate
Chief Operating Officer, NHS Scotland Directorate
Topic
Health and social care, Public sector
Exemptions
2, 4, 17(1), 38(1), 30

Information requested

Please provide the following recorded information:

1. The date on which Annex 1 was created and the dates of any subsequent versions, revisions or amendments.

2. The name, job title or organisational role of each author, contributor or reviewer, together with the organisation to which each person belonged at the relevant time.

3. Any recorded information identifying whether content within Annex 1 was provided by, based upon information supplied by, or otherwise informed by any person or organisation outside the Scottish Government. This should include the commentary concerning SCQF levels, qualification and course availability, references to British Medical Laser Association guidance, suggested amendments to procedure descriptions, and observations concerning continuing professional development courses.

4. Any correspondence, meeting records, briefing material, comments, tracked changes, review notes or other recorded information concerning the drafting, circulation, consideration, approval or revision of Annex 1.

5. Any distribution list or recorded information showing the persons, organisations, advisory groups or public bodies to whom Annex 1, or an earlier version of it, was circulated.

Response

While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold all of the information you have requested.

For clarity, I have addressed each part of your request separately below:

1. The date on which Annex 1 was created and the dates of any subsequent versions, revisions or amendments.

I can confirm that Annex 1 was created on 21 November 2025, but I have not been able to find any other information about the dates of any subsequent versions, amendments or revisions. Therefore, this is notice that the Scottish Government does not hold any further recorded information within the scope of this part of your request. Accordingly, this is a formal notice under section 17(1) of FOISA.

2. The name, job title or organisational role of each author, contributor or reviewer, together with the organisation to which each person belonged at the relevant time.

The author was a member of the Healthcare Quality and Improvement Division, Directorate for Chief Operating Officer. All further detail is exempt from disclosure under s.38(1)(b). The Scottish Government does not hold further recorded information within the scope of this part of your request. Accordingly, this is a formal notice under section 17(1) of FOISA.

3. Any recorded information identifying whether content within Annex 1 was provided by, based upon information supplied by, or otherwise informed by any person or organisation outside the Scottish Government. This includes commentary concerning SCQF levels, qualification and course availability, references to British Medical Laser Association guidance, suggested amendments to procedure descriptions, and observations concerning continuing professional development courses.

I enclose a copy of some of the information you have requested. While our aim is to provide information whenever possible, in this instance we are unable to provide all of the information you have requested because an exemption under Section 38(1)(b) of FOISA applies. This relates to personal information, and as such redactions have been applied clearly identifying the reason for the redaction.

Wherever possible contextual information (such as the domain of email addresses) has been retained to assist understanding of the exchanges.

We are also unable to provide some of the information you have requested because exemptions under section 30(b)(ii) (free and frank exchange of views) of FOISA apply to that information. Exemption 30(b)(ii) applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. The withheld information records candid discussions and opinions that were exchanged to inform policy development and decision-making.

Disclosure would be likely to reduce the willingness of participants to engage openly and frankly in future discussions. This exemption is subject to the public interest test. We recognise that there is a public interest in openness, transparency and informing public debate about the development of policy.

However, there is also a strong public interest in ensuring that officials and stakeholders can exchange views freely and frankly while options are being considered. In this case, we have concluded that the public interest in maintaining the exemption outweighs the public interest in disclosure.

4. Any correspondence, meeting records, briefing material, comments, tracked changes, review notes or other recorded information concerning the drafting, circulation, consideration, approval or revision of Annex 1.

The Scottish Government does not hold recorded information within the scope of this part of your request. Accordingly, this is a formal notice under section 17(1) of FOISA.

5. Any distribution list or recorded information showing the persons, organisations, advisory groups or public bodies to whom Annex 1, or an earlier version of it, was circulated.

The Scottish Government does not hold recorded information within the scope of this part of your request. Accordingly, this is a formal notice under section 17(1) of FOISA.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

Detected exemption language

Accordingly, this is a formal notice under section 17(1) of FOISA. All further detail is exempt from disclosure under s.38(1)(b). Accordingly, this is a formal notice under section 17(1) of FOISA. While our aim is to provide information whenever possible, in this instance we are unable to provide all of the information you have requested because an exemption under Section 38(1)(b) of FOISA applies. We are also unable to provide some of the information you have requested because exemptions under section 30(b)(ii) (free and frank exchange of views) of FOISA apply to that information.

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