FOI/202600529267 · FOI · already published
Economic impact and implementation readiness for aesthetics regulation: FOI release
Information requested
You asked for recorded information relating to the anticipated economic, employment, equality and operational impacts of applying Healthcare Improvement Scotland (HIS) registration requirements to businesses providing non-surgical aesthetic procedures. Specifically, you requested information on the expected effects on independent aesthetic practitioners and businesses, compliance costs, workforce and equality impacts, availability of eligible healthcare professionals and registered premises, HIS implementation capacity, expected application volumes, contingency planning, correspondence between the Scottish Government and HIS, and arrangements for monitoring impacts after implementation.
Response
Some of the information you requested is already available in the Scottish Government's full assessment of the potential impacts of the proposals and associated websites:
Business and Regulatory Impact Assessment Child Rights and Wellbeing Impact Assessment Equality and Fairer Scotland Duty Impact Assessment Island Communities Impact Assessment Consideration Non-Surgical Cosmetic Procedures Consultation Responses and Summary Non-Surgical Cosmetic Procedures Consultation Analysis and Response Details on the Bill / Act and all accompanying documents on Scottish Parliament website Policy Note - The Civic Government (Scotland) Act 1982 (Licensing of Non-surgical Procedures) Order 2026 Scottish Cosmetic Interventions Expert Group website
1. Estimated effect on practitioners and businesses All estimates, modelling, surveys or assessments concerning the number of independent aesthetic practitioners and businesses in Scotland that may:
1. be required to obtain access to HIS-registered premises;
2. be unable to meet the proposed requirements;
3. cease providing affected procedures;
4. close their businesses;
5. become insolvent or bankrupt; or
6. reduce staff numbers or working hours.
Estimates and assessments regarding the size of the market and the number of businesses potentially affected by the proposals are contained in the Business and Regulatory Impact Assessment (BRIA), a link to which is provided at the beginning of this response. The BRIA contains the information held by the Scottish Government regarding the scale of the market and the number of businesses potentially affected by the proposals, including any estimates relating to businesses that may require access to HIS-registered premises.
Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you.
In relation to parts (a) to (f), the Scottish Government does not hold any further recorded estimates, modelling, surveys or assessments quantifying the number of practitioners or businesses that would be: unable to meet the proposed requirements; cease providing affected procedures; close their businesses; become insolvent or bankrupt; or reduce staffing levels or working hours. No additional recorded information was identified following searches undertaken for the purpose of responding to this request. This is therefore a formal notice under section 17(1) of FOISA that the Scottish Government does not hold any further recorded information falling within the scope of this part of your request.
2. Employment and income. All estimates or assessments of the number of employees, self-employed practitioners, trainees and business owners whose employment or income may be affected.
Information held by the Scottish Government within the scope of this request is contained in the BRIA, a link to which is provided at the beginning of this response. Under section 25(1) of FOISA, we do not have to provide information which is already reasonably accessible to you. The Scottish Government does not hold any additional recorded estimates or assessments of the number of employees, self-employed practitioners, trainees or business owners whose employment or income may be affected by the proposals, beyond the information contained in the BRIA.
No additional recorded information was identified following searches undertaken for the purpose of responding to this request. This is therefore a formal notice under section 17(1) of FOISA that the Scottish Government does not hold any further recorded information falling within the scope of this part of your request.
3. Equality and geographical effects. All assessments of the proportion of affected practitioners or business owners who are:
1. women;
2. disabled people;
3. people from minority ethnic groups;
4. single parents; or
5. people operating in rural or deprived areas.
Information held by the Scottish Government within the scope of this request is contained in the published impact assessments relating to these proposals, links to which are provided at the beginning of this response. Under section 25(1) of FOISA, we do not have to provide information which is already reasonably accessible to you. Beyond the information contained in those published impact assessments, the Scottish Government does not hold any additional recorded assessments, whether quantitative or qualitative, of the proportion of affected practitioners or business owners who are:
women; disabled people; people from minority ethnic groups; single parents; or people operating in rural or deprived areas.
No additional recorded information was identified following searches undertaken for the purpose of responding to this request. This is therefore a formal notice under section 17(1) of FOISA that the Scottish Government does not hold any further recorded information falling within the scope of this part of your request.
4. Business compliance costs. All estimates or assessments of the costs that an affected business may incur through:
1. HIS application and registration fees;
2. alterations to or relocation of premises;
3. obtaining access to HIS registered premises;
4. engaging a prescriber or other healthcare professional;
5. ensuring that a prescriber or healthcare professional is present when required;
6. insurance, governance, administration and record keeping;
7. interrupted trading during registration or relocation; and
8. loss of existing premises, equipment, goodwill or clientele.
Information held by the Scottish Government within the scope of this request is contained in the BRIA. No additional recorded estimates or assessments of the costs described in parts (a) to (h) were identified in any other records searched for the purpose of responding to this request. Under section 25(1) of FOISA, we do not have to provide information which is already reasonably accessible to you.
Beyond the information contained in the BRIA, the Scottish Government does not hold any additional recorded estimates or assessments of costs that an affected business may incur in relation to:
HIS application or registration fees; alterations to, or relocation of, premises; obtaining access to HIS-registered premises; engaging a prescriber or other healthcare professional; ensuring that a prescriber or healthcare professional is present when required; insurance, governance, administration and record-keeping requirements; interrupted trading during registration or relocation; or loss of existing premises, equipment, goodwill or clientele.
No additional recorded information was identified following searches undertaken for the purpose of responding to this request. This is therefore a formal notice under section 17(1) of FOISA that the Scottish Government does not hold any further recorded information falling within the scope of this part of your request.
5. . Evidence supporting published cost estimates Records identifying the evidence used to calculate each cost estimate appearing in any Business and Regulatory Impact Assessment, Equality Impact Assessment or other published assessment relating to the proposed requirements.
Information held by the Scottish Government within the scope of this request is contained in the BRIA and the other published impact assessments relating to these proposals. These documents identify the evidence, sources and material relied upon in developing the published assessments and are available at the links provided above.
Under section 25(1) of FOISA, we do not have to provide information which is already reasonably accessible to you.
No additional recorded information, including spreadsheets, calculations, analyses or evidential records identifying the basis on which the published cost estimates were derived, was identified following searches undertaken for the purpose of responding to this request beyond the information contained in the published assessments. This is therefore a formal notice under section 17(1) of FOISA that the Scottish Government does not hold any further recorded information falling within the scope of this part of your request.
6. . Availability of eligible healthcare professionals All assessments of whether sufficient numbers of prescribers or other eligible healthcare professionals will be available to support affected businesses across Scotland, including businesses in rural and island communities.
The Scottish Government does not hold any recorded assessments of whether sufficient numbers of prescribers or other eligible healthcare professionals will be available to support affected businesses across Scotland, including businesses operating in rural and island communities.
Searches of records held for the development of these proposals identified no recorded information falling within the scope of this request. This is therefore a formal notice under section 17(1) of FOISA that the Scottish Government does not hold the information requested.
7. Availability of registered premises. All assessments of whether sufficient HIS-registered premises currently exist to accommodate the practitioners and procedures expected to fall within the proposed system.
The Scottish Government does not hold any recorded assessments of whether sufficient HIS registered premises currently exist to accommodate the practitioners and procedures that may fall within the proposed regulatory system.
Searches of records held for the development of these proposals identified no recorded information falling within the scope of this request.
This is therefore a formal notice under section 17(1) of FOISA that the Scottish Government does not hold the information requested.
8. HIS implementation capacity. All assessments, projections or planning records concerning HIS capacity to:
1. process the expected number of applications;
2. inspect additional premises;
3. recruit or allocate sufficient inspectors;
4. complete registrations before the requirements take effect; and
5. prevent interruption to lawful businesses while applications are being processed.
During searches undertaken for the purpose of responding to your request, we identified oncluded that it did not. The material does not contain quantitative assessments, projections, workforce modelling, resource planning or contingency planning and therefore does not contain assessments, projections or planning records concerning HIS capacity of the type requested. Searches of records for assessments, projections or planning records concerning HIS' capacity to process applications, inspect additional premises, recruit or allocate inspectors, complete registrations before commencement, or prevent interruption to businesses while applications are being processed identified no recorded information falling within the scope of this request. This is therefore a formal notice under section 17(1) of FOISA that the Scottish Government does not hold the information requested.
9. Expected number of applications. Records stating the number of additional registration applications that the Scottish Government expects HIS to receive, together with the assumptions and evidence used to produce that estimate.
Information held by the Scottish Government within the scope of this request is contained in the BRIA, a link to which is provided at the beginning of this response.
Under section 25(1) of FOISA, we do not have to provide information which is already reasonably accessible to you.
Searches of records held for the development of these proposals identified no additional recorded information stating the expected number of applications, or the assumptions and evidence used to produce that estimate, beyond the information contained in the BRIA. This is therefore a formal notice under section 17(1) of FOISA that the Scottish Government does not hold any further recorded information falling within the scope of this request.
9. Expected number of applications. Records stating the number of additional registration applications that the Scottish Government expects HIS to receive, together with the assumptions and evidence used to produce that estimate.
Information held by the Scottish Government within the scope of this request is contained in the BRIA, a link to which is provided at the beginning of this response. Under section 25(1) of FOISA, we do not have to provide information which is already reasonably accessible to you.
Searches of records held for the development of these proposals identified no additional recorded information stating the expected number of applications, or the assumptions and evidence used to produce that estimate, beyond the information contained in the BRIA. This is therefore a formal notice under section 17(1) of FOISA that the Scottish Government does not hold any further recorded information falling within the scope of this request.
10. Contingency planning Any contingency plan for circumstances in which:
1. HIS cannot process applications before commencement;
2. insufficient registered premises are available;
3. affected businesses cannot secure an eligible healthcare professional; or
4. substantial numbers of practitioners cease trading.
During searches undertaken for the purpose of responding to your request, we identified material and considered whether it fell within the scope of this part of your request. We concluded that it did not. The material does not contain quantitative assessments, projections, workforce modelling, resource planning or contingency planning and therefore does not contain contingency plans or contingency planning of the type requested.
Searches of records for contingency plans or contingency planning relating to circumstances in which HIS cannot process applications before commencement, insufficient registered premises are available, businesses cannot secure an eligible healthcare professional, or substantial numbers of practitioners cease trading identified no recorded information falling within the scope of this request.
This is therefore a formal notice under section 17(1) of FOISA that the Scottish Government does not hold the information requested.
11. Correspondence with Healthcare Improvement Scotland. Copies of correspondence, briefings, meeting records and submissions exchanged between the Scottish Government and Healthcare Improvement Scotland from 1 January 2023 to the date of this request concerning:
1. implementation capacity;
2. registration demand;
3. staffing;
4. premises availability;
5. business closures;
6. employment losses; or
7. compliance costs.
Searches of records held by the Scottish Government identified one email chain and meeting records that fall within the scope of this part of your request.
Copies of the email chain are enclosed with this response. The meeting records were previously provided to you in response to request 202600529266. Under section 25(1) of FOISA, we do not have to provide information which is already reasonably accessible to you.
While our aim is to provide information whenever possible, we are unable to provide some of the information contained within these records. Certain information has been redacted under section 30(b)(ii) of FOISA (free and frank exchange of views for the purposes of deliberation) because disclosure would be likely to inhibit substantially the provision of candid advice and views during ongoing policy development and implementation discussions. This exemption is subject to the public interest test. We have considered the public interest in disclosure and concluded that, on balance, there is a greater public interest in allowing officials and stakeholders to exchange views freely and frankly while policy development and implementation work remains ongoing.
Some information has also been withheld under section 38(1)(b) of FOISA because it is personal data of third parties and disclosure would contravene the data protection principles. Searches undertaken for the purpose of responding to your request identified no additional recorded information falling within the scope of this request.
This is therefore a formal notice under section 17(1) of FOISA that the Scottish Government does not hold any further information falling within the scope of this part of your request.
12. Monitoring after implementation Records identifying which Scottish Government directorate, public body or external organisation is responsible for monitoring business closures, job losses, reduced treatment availability and other economic effects after implementation.
The Scottish Government does not hold any recorded information identifying a Scottish Government directorate, public body or external organisation that has been assigned responsibility for monitoring business closures, job losses, reduced treatment availability or other economic effects following implementation of these proposals.
Searches undertaken for the purpose of responding to your request identified no additional recorded information falling within the scope of this request.
We can however confirm that the proposals are intended to be subject to review five years after implementation. At present, no recorded information has been identified assigning responsibility for monitoring the specific impacts referred to in your request. This is therefore a formal notice under section 17(1) of FOISA that the Scottish Government does not hold the information requested.
Exemptions under section 30(b)(ii) (free and frank exchange of views for the purposes of deliberation) applies to some information within the attached documents because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. Officials and stakeholders require a private space within which to discuss issues openly, explore options and provide candid views as part of the policy development and implementation process. Disclosing this information would be likely to reduce the willingness of participants to contribute fully and frankly to future discussions. This exemption is subject to the public interest test. Therefore, taking account of all the circumstances of this case, we have considered whether the public interest in disclosing the information outweighs the public interest in applying the exemption. We recognise that there is a public interest in openness and transparency regarding the development and implementation of policy relating to the regulation of independent healthcare services. However, on balance, we have concluded that the public interest lies in favour of upholding the exemption. There is a greater public interest in ensuring that officials and stakeholders are able to exchange views candidly and comprehensively as part of the deliberative process, enabling well-informed decision making and effective policy development.
Exemptions under section 38(1)(b) (personal information) of the Freedom of Information (Scotland) Act 2002 (FOISA) applies to personal information relating to individuals. Disclosure of this information would contravene the data protection principles set out in UK data protection legislation. This exemption is not subject to the public interest test, so we are not required to consider whether the public interest in disclosing the information outweighs the public interest in applying the exemption
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Detected exemption language
Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. This is therefore a formal notice under section 17(1) of FOISA that the Scottish Government does not hold any further recorded information falling within the scope of this part of your request. Under section 25(1) of FOISA, we do not have to provide information which is already reasonably accessible to you. This is therefore a formal notice under section 17(1) of FOISA that the Scottish Government does not hold any further recorded information falling within the scope of this part of your request. Under section 25(1) of FOISA, we do not have to provide information which is already reasonably accessible to you.