The current legislation
Answers to frequently asked questions relating to the legislation currently in place
In this chapter we will cover the frequently asked questions relating to the current legislation that is in place.
Many of the treatments currently licensed under the London Local Authorities Act 1991 are likely to be out of scope of the new licensing regime.
We recognise that these are important questions to be considered as a matter of priority by legislators as they commence work on the design of the new license.
As part of the formulation and implementation of any new legislation there will be opportunities to review current legislation with regard to its fitness for purpose, and to consider how greater cohesion and alignment can be achieved within the context of any new licensing scheme.
You will have the opportunity to identify and raise any issues relating to current procedures that you consider require legislative control regulation and which might be seen to be out of scope of the proposed nonsurgical cosmetic license. DHSC are expecting such conversations to be held with the aim of determining which procedures should be included in the new license. A key determinant will be the need to ensure that all procedures included in the license fit within the following parameters as set down in Section 180 of the Health and Care Act (2022).
(1) The Secretary of State may, for the purposes of reducing the risk of harm to the health or safety of members of the public, make regulations:
prohibiting an individual in England from carrying out specified cosmetic procedures in the course of business, unless the person has a personal licence;
prohibiting a person from using or permitting the use of premises in England for the carrying out of specified cosmetic procedures in the course of business unless the person has a premises licence.
(2) In this section:
“cosmetic procedure” means a procedure, other than a surgical or dental procedure, that is or may be carried out for cosmetic purposes; and the reference to a procedure includes—
the injection of a substance;
the application of a substance that is capable of penetrating into or through the epidermis;
the insertion of needles into the skin;
the placing of threads under the skin;
the application of light, electricity, cold or heat;
“licensed premises” means premises in respect of which a premises licence is in force;
“local authority” means—
a county council in England;
a district council in England;
a London borough council;
a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
the Common Council of the City of London (in its capacity as a local authority), the Sub-Treasurer of the Inner Temple or the Under Treasurer of the Middle Temple;
the Council of the Isles of Scilly;
“personal licence” means a licence, granted by a specified local authority under the regulations, which authorises an individual to carry out a cosmetic procedure of a description specified in the licence;
“premises licence” means a licence, granted by a specified local authority under the regulations, which authorises premises to be used for the carrying out of a cosmetic procedure of a description specified in the licence;
“specified cosmetic procedure” means a cosmetic procedure of a description specified in the regulations;
“specified local authority” means a local authority of a description specified in the regulations
(3) The provision which may be made by regulations under this section by virtue of section 183(1)(a) includes—
provision amending Schedule 5 to the Consumer Rights Act 2015 (investigatory powers);
provision repealing, revoking or amending provision made by or under any local Act.
(4) Before making regulations under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.
(5) Schedule 19 makes further provision about regulations under this section (including provision for the imposition of fees, the creation of criminal offences and financial penalties).
This a most important issue that will have to be considered in partnership between the DHSC, Local Authorities and the Institute of Licensing. At this time no further details are available to share. The capacity of Local authority inspection teams will need to be increased proportionality to meet the requirement and demands of proposed scheme. Many local authorities now have small teams, some with only one officer, dealing with special treatment licensing.
Currently, many Local Authorities consult with the Police, Fire Authority and sometimes planning officials. Consultation is expected to take place over the next year or so with these ‘Responsible Authorities’.
