Health and Care Act 2022

Cosmetic procedures E+W

180 Licensing of cosmetic procedures E+W

(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—

(a) prohibiting an individual in England from carrying out specified cosmetic procedures in the course of business, unless the person has a personal licence;

(b) 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—

  (a)

  the injection of a substance;

  (b)

  the application of a substance that is capable of penetrating into or through the epidermis;

  (c)

  the insertion of needles into the skin;

  (d)

  the placing of threads under the skin;

  (e)

  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)

  a county council in England;

  (b)

  a district council in England;

  (c)

  a London borough council;

  (d)

  a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

  (da)

  [F1 a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;]

  (e)

  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;

  (f)

  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—

(a) provision amending Schedule 5 to the Consumer Rights Act 2015 (investigatory powers);

(b) 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).

Textual Amendments

F1 Words in s. 180(2) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 225 (with s. 247)

Commencement Information

I1 S. 180 not in force at Royal Assent, see s. 186(6)

I2 S. 180 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)