Open consultation

Restrictions on the performance of high-risk cosmetic and wellbeing procedures in England: consultation document

Published 21 October 2026

Applies to England

Foreword

Getting a cosmetic or wellbeing procedure can be a very positive experience, and we recognise that many practitioners are well trained and provide a good, safe service. The aesthetics industry, and public appetite for treatments, continues to grow. Such treatments are becoming more varied, widely available and more affordable.

The industry makes a valued contribution to the economy, and provides lots of employment opportunities, with many small businesses and female business owners. According to the British Beauty Council’s The Value of Beauty 2026 report (log in required), in 2025 the personal care sector supported a total gross domestic product contribution of £28.3 billion and tax revenue contributions of £8.8 billion to the UK Treasury.

We do not wish to prevent people from being able to access safe cosmetic procedures if they wish to do so. However, anyone opting to have a cosmetic procedure should do so in the knowledge that it will be carried out by skilled practitioners in appropriate premises. In too many cases, these standards are not met.

Public safety is paramount. We are clear on the principles of safe practice and the need for further regulation, but we want to make sure that government action is proportionate and enforceable. We must protect the public from harm while not unnecessarily restricting the activities of legitimate businesses. 

As set out in the response to the 2023 consultation on the licensing of non-surgical cosmetic procedures in England (‘the 2023 consultation’), we have taken the decision to focus first on the procedures posing the highest risks. This represents a significant step forward for safety in this industry. Licensing of high street treatments will subsequently go further in providing assurance for individuals so that they can make safe choices.

The proposals set out in this consultation build on extensive engagement with stakeholders and the public. We invite all interested parties to engage fully with this consultation. Your views are an important next step in the process as we work to ensure robust regulation that will underpin high standards and protect the public.

Karin Smyth MP
Minister of State for Health (Secondary Care)

Summary of proposals

This consultation asks for your views on new rules to make high-risk cosmetic and wellbeing procedures safer.

The government is proposing that a set of high-risk cosmetic and wellbeing procedures should only be carried out by specified qualified, regulated healthcare professionals (HCPs). By ‘regulated HCP’ we mean an HCP who is subject to statutory regulation by a regulatory body (such as the General Medical Council (GMC), General Dental Council, Nursing and Midwifery Council or General Pharmaceutical Council, for example). Providers offering these treatments would also need to be registered with the Care Quality Commission (CQC).

The procedures would include:

• cosmetic surgery, which would include filler procedures into any part of the body other than the face
• deep chemical peels
• dermal microcoring
• intravenous procedures
• specified high-risk laser and intense pulsed lights treatments
• non-resorbable facial fillers
• subcision
• blood procedures such as platelet rich plasma (PRP) therapy
• those including the administration of an anaesthetic as a separate injection

Under the proposals, such high-risk procedures could only be performed by:

• doctors (that is, medical doctors registered with GMC)
• dentists
• independent prescribing nurses
• independent prescribing midwives
• independent prescribing pharmacists

Cosmetic surgery would be restricted to doctors only.

Procedures would also be restricted to people aged 18 and over. Exceptions would apply where the procedure is provided by the NHS, or where an HCP is performing it to treat a medical condition.

Breaching these regulations would be a criminal offence. Providers who carry out these procedures without CQC registration could face a fine of any amount, a prison sentence of up to 12 months, or both. Providers who allow a procedure to be performed by an unqualified practitioner could also face a fine of any amount.

We are consulting on:

• whether you agree or disagree with these proposals
• which procedures and professional groups should be included
• what effect the changes would have on you, your business or the people you work with

Introduction

Context

The current regulatory framework places few restrictions on who can perform cosmetic procedures. The government recognises the concerns about the lack of regulation in this field and the potential dangers that this poses to public safety. We want to ensure public safety and public protection through a regulatory framework that enables consumers to make informed and safe choices when undergoing procedures which have the potential to cause serious injury or harm.

At present, competent practitioners who operate to high standards of best practice in relation to training, health and hygiene often find themselves in competition with practitioners and businesses with low levels of competence and who lack appropriate training in the procedures they offer. Although many providers within the aesthetics industry provide treatment in line with best practice when it comes to patient safety, regulation will ensure consistent standards and protect individuals from the potentially harmful physical, emotional and psychological impacts of poorly performed cosmetic procedures.

In 2023, following stakeholder engagement, the Department of Health and Social Care (DHSC) consulted on several aspects of the scope of the regulation, namely:

• which cosmetic procedures would be subject to regulation
• restrictions on which practitioners should be permitted to perform particular procedures
• age restrictions for those undergoing procedures

The 2023 consultation proposed a 3-tier system of categorisation for cosmetic procedures depending on the risks, including:

• the level of complexity
• the degree of invasiveness
• potential complications associated with the procedure

The categories proposed were:

• green: procedures with the lowest risk of complications - all practitioners are eligible to perform licensed procedures where they meet agreed standards
• amber: procedures with medium risk of complications - non-HCPs (that is, those practitioners who do not hold registration with a statutory health professional regulatory body) must be licensed and have relevant oversight by a named regulated HCP (who has gained an accredited qualification to prescribe, administer and supervise aesthetic procedures). Qualified and regulated HCPs are eligible to perform these procedures without oversight where they meet agreed standards
• red: procedures with the highest risk of complications - these are high-risk procedures of sufficient complexity and invasiveness that they should only be performed by suitably qualified and regulated HCPs. These procedures would be brought into CQC regulation. Any provider offering these procedures would need to be registered with CQC, ensuring that these procedures are performed only in CQC-regulated premises

The 2023 consultation therefore proposed that, to adequately protect public safety, 2 separate regulatory mechanisms would be required:

• a licensing scheme for green and amber procedures
• additional regulation to classify ‘red list’ high-risk procedures as CQC-regulated activities that may only be performed by suitably qualified and regulated HCPs

These changes are the focus of this consultation.

The 2023 consultation received high levels of engagement. Over 11,800 responses were received from a wide range of interested parties, including:

• the public
• practitioners from a range of professional backgrounds
• business owners
• education providers
• regulatory bodies
• local government

Although a wide range of views and information for further consideration were received, most respondents agreed with the proposals.

In September 2024 there was widespread media coverage of the death at Gloucestershire Royal Hospital of Alice Webb, following a non-surgical ‘liquid’ Brazilian butt lift (BBL) procedure in the UK. This was followed by further media reporting of concerning cases of other highly invasive treatments such as liposuction and blepharoplasty being performed by inadequately trained practitioners in unsuitable environments. There were widespread calls for government action to be taken to safeguard the public from the harms posed by the lack of regulation in the sector.

On 7 August 2025 the government published its response to the 2023 consultation, committing to implement the structure of regulation the previous government had proposed in the 2023 consultation. Due to the elevated level of risk that high-risk procedures pose, the government set out that it would prioritise initial work on the introduction of legislation which will ensure that those procedures deemed to pose the highest level of risk can only be performed by suitably qualified regulated HCPs working for CQC-registered providers. We have now developed for consultation further proposals for this legislation, and a draft statutory instrument setting out regulations that would bring these proposals into effect.

The regulations are intended to increase patient safety by introducing clear requirements on what is needed to provide such procedures safely and responsibly for providers, and in turn give consumers confidence that their treatment provider is qualified and competent.

Stakeholder engagement

The range of cosmetic procedures available to consumers is vast, and the development of policy in this complex area requires detailed consultation with a range of stakeholders.

We have engaged with a range of representative bodies from the aesthetic industry, healthcare regulatory bodies, those running existing accredited registers for cosmetic practitioners and enforcement organisations, including CQC and the Medicines and Healthcare products Regulatory Agency (MHRA). We also continue to work closely with colleagues in the Scottish Government who introduced new legislation on non-surgical procedures earlier this year. Although there are some differences in the existing relevant legislative and regulatory foundations across the UK, there are many commonalities in the approaches being taken by the Scottish and UK governments towards regulation of the cosmetics sector. UK government officials will continue to work closely with officials in the devolved governments to identify opportunities for collaboration and alignment as our regulatory approaches develop.

Following the publication of the consultation response in 2025, we established an expert group to develop our thinking as to which high-risk treatments carry sufficient risk to warrant being restricted to regulated HCPs only, and which HCPs should be in scope to provide these treatments. The outputs of those meetings have been vital in ensuring that the draft regulations we are consulting on are representative of a wide range of stakeholder views, including those working in the aesthetics industry and those responsible for protecting public safety.

We would like to thank all of the organisations and individuals that have contributed advice and evidence to support our policy development. This consultation is a continuation of this activity.

Following this consultation, we will continue to work with relevant stakeholders alongside CQC as it develops guidance to support the introduction of the new regulations.

CQC regulation of cosmetic procedures

CQC is the independent regulator of health and adult social care activity in England. CQC registers and regulates providers carrying on one or more of the regulated activities as set out in schedule 1 of The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014. 

All providers of regulated activities in England must comply with the requirements and fundamental standards set out in regulations made under the Health and Social Care Act 2008. Providers of regulated activities include:

• NHS bodies (for example, NHS trusts and NHS foundation trusts)
• adult social care providers
• independent providers
• voluntary sector organisations

CQC monitors and inspects services to see whether they are safe, effective, caring, responsive and well led. Where poor care is identified, CQC will take action. The actions taken will depend on how serious the problems identified are, and how they affect the people who use the service. Actions can include:

• issuing warning notices
• imposing conditions for a given time
• placing a provider in special measures
• issuing fixed penalty notices and prosecuting cases where people are harmed or placed in danger of harm

Any providers of a regulated activity must meet CQC’s fundamental standards of safety and quality, or risk enforcement action. This supports the provision of health and social care services that provide people with safe, effective and high-quality care.

The regulated activity of surgical procedures applies when a surgical procedure is carried out by an HCP for:

• the purpose of treating disease, disorder or injury
• the purpose of sterilisation or reversal of sterilisation
• cosmetic purposes, where the procedure involves the use of instruments or equipment that are inserted into the body
• the purpose of religious observance

By law, services have to register with CQC if they employ HCPs to offer:

• cosmetic surgery that involves instruments or equipment being inserted into the body - this includes:
  • breast surgery
  • facelifts
  • buttock or thigh lifts
  • eyelid or brow surgery
  • nose surgery
  • tummy tucks
  • any procedure where an implant is used
• liposuction - this includes laser lipolysis (such as Smart Lipo)
• refractive eye surgery or lens implant surgery
• all types of thread lifting - for example, polydioxanone (PDO) and poly-L-lactic acid (PLLA) thread lifting

As set out in our response to the 2023 consultation, the government considers that there are particular cosmetic procedures that are of sufficient complexity and invasiveness that they should only be performed by suitably qualified and regulated HCPs and that providers of these procedures should be regulated by CQC. 

The current CQC regulations specifically relate to HCPs. The type of HCP which will bring an activity into the scope of CQC regulation differs depending upon the regulated activity being carried on by a provider. For example, the regulated activity of treatment of disease, disorder or injury (TDDI) presents a defined list of HCPs who bring the activity into the scope of registration. The regulated activity of surgical procedures brings a broader list. These are both outlined in detail within the glossary section of CQC’s scope of registration document.

As such, where a non-HCP is performing these procedures, the non-HCP or the provider employing them is currently out of scope of CQC registration.

The proposed regulations mean that:

• it would be illegal for providers and practitioners to offer certain high-risk cosmetic treatments if they do not meet the criteria for CQC registration
• CQC would be responsible for enforcement in cases where these regulations are breached

This would represent a significant shift from the current position, bringing high-risk cosmetic procedures within a clearly defined regulatory framework and strengthening safeguards for people using services. This shift would also increase CQC’s enforcement oversight of additional providers, including:

• identifying and assessing potential breaches
• investigating suspected offences
• taking proportionate enforcement action in line with its statutory powers and enforcement policy

CQC will carry out the necessary consultations to develop guidance for providers and confirm the fees model that will apply to those offering high-risk treatments.

Procedures in scope

Following the publication in August 2025 of the government’s response to the 2023 consultation, DHSC established an expert group, comprised of a range of stakeholders drawn from across the sector, to provide input and expertise into the development of the regulations. The draft regulations, which detail the resulting proposed changes to The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 are published alongside this consultation.

In the 2023 consultation, the ‘red’ category, which consisted of what were considered to be the highest-risk procedures, included “all intravenous injectables and infusions”. We acknowledge that these particular procedures may be performed for a variety of reasons - for example, intravenous infusions of vitamins and minerals may be performed to improve energy or focus. As such, these procedures might not be considered to have a ‘cosmetic’ effect (because they might not alter the physical appearance of the recipient). Therefore, we propose that when procedures are performed for such purposes, they are considered to be treatments for ‘wellbeing purposes’. The draft regulations set out that a procedure is performed for wellbeing purposes if the desired effect of the procedure is to achieve an improvement in a person’s:

• physical health, strength or stamina
• mental, emotional or cognitive functioning, including alertness and concentration

To better protect individuals who choose to undergo high-risk cosmetic and wellbeing procedures, we propose adding 2 new regulated activities to CQC’s regulations:

• surgical procedures for cosmetic purposes, separating cosmetic surgery from the existing regulated activity for surgical procedures - such procedures may only be undertaken by doctors registered with GMC
• non-surgical cosmetic and wellbeing procedures, which may only be undertaken by specified groups of regulated HCPs - the regulated HCPs who may perform relevant non-surgical procedures are set out in the ‘Practitioners in scope’ section

The draft regulations also prevent service providers from offering or performing such procedures for cosmetic or, where applicable, wellbeing purposes to people under the age of 18 years (except in those situations where the provisions of the Botulinum Toxin and Cosmetic Fillers (Children) Act 2021 would already apply - see ‘Minimum age of client’ section below).

Some procedures performed for cosmetic or wellbeing purposes may also be performed to treat medical conditions. The proposals set out in this consultation relate to the provision of surgical procedures only when performed for cosmetic purposes and the relevant non-surgical procedures when performed for cosmetic or wellbeing purposes. The provision of procedures performed within the NHS or for medical or healthcare purposes is not covered by these regulations and would not be subject to the restrictions being proposed in this consultation.

To support future proofing of the regulations in what is a fast-moving sector, some procedures have been grouped under treatment type. This means that any future procedures that can be classified under those defined treatment types would also be captured on the list. CQC may issue or update guidance, where appropriate, to clarify whether particular procedures fall within scope.

Surgical procedures for cosmetic purposes

As set out in the section ‘CQC regulation of cosmetic procedures’, at present providers that employ an HCP to perform cosmetic surgery must register with CQC, but other providers are not required to do so. Therefore CQC regulation currently does not prevent non-HCPs from performing cosmetic surgery, and CQC does not have legal powers to take enforcement action against such providers.

The draft regulations propose to change this situation by stipulating that only doctors may legally perform cosmetic surgery procedures. This would mean that only those providers who have doctors performing such procedures would meet the requirements to be granted CQC registration for the new regulated activity of ‘surgical procedures for cosmetic purposes’. Any provider offering cosmetic surgery in contravention of the requirements to be registered with CQC and to allow only doctors to perform cosmetic surgery would be committing an offence and would be subject to CQC enforcement.

The regulations also specify that filler procedures into a part of the body other than the face are to be considered surgical procedures. This means that augmentation treatments, such as the liquid BBL, are considered to fall within cosmetic surgery and may only be performed by doctors.

Non-surgical procedures for cosmetic or wellbeing purposes

The draft regulations cover the following as high-risk non-surgical cosmetic and wellbeing procedures:

• deep chemical peels: procedures in which a chemical is used to remove skin cells in the area of treatment, and which penetrates deeper than the dermal-epidermal junction
• dermal microcoring: a procedure in which a needle is inserted into skin and is used to remove a small core of skin tissue
• intravenous procedures of any substance for a cosmetic or wellbeing purpose
• certain types of laser and intense pulsed light application, including:
  • a laser used to remove one or more layers of skin - this includes ablative laser treatments undertaken by the controlled and complete removal of tissue beyond the epidermis
  • a laser introduced into the skin through a puncture or incision in the skin - this includes percutaneous energy-based procedures such as Endolaser and Vaser treatments
  • a laser or intense pulsed light used on the eyelid or within the periorbital rim
• non-resorbable facial fillers: procedures involving the subcutaneous, submucous or intradermal injection of a non-resorbable filler into the tissue of the face
• any procedures for cosmetic purposes that include the administration of an anaesthetic as a separate injection
• any procedure in which a therapeutic product derived from human blood or plasma is introduced into the body - for example, this category will include cosmetic PRP therapies
• subcision: procedures in which a needle is used to cut fibrous bands that connect skin to underlying tissue, such as cellulite subcision

Practitioners in scope

Under our proposals, treatments included in the new regulated activity of non-surgical procedures for cosmetic or wellbeing purposes are restricted to being performed by the following professional groups:

• doctors
• dentists
• independent prescribing nurses
• independent prescribing midwives
• independent prescribing pharmacists

Procedures included in the new regulated activity of surgical procedures for cosmetic purposes would be restricted to doctors only. As noted in the 2023 consultation response, we are aware that some stakeholders have called for the performance of buttock augmentation procedures with hyaluronic acid dermal fillers (often known as the ‘liquid BBL’) to be restricted so that they may only be performed by registered plastic surgeons on the GMC specialist register or other doctors who can demonstrate the equivalent standard of expertise.

We do not intend to restrict such procedures in this way, as although the title of ‘surgeon’ is a protected title under the Medical Act 1983 (meaning it can only be used by registered medical practitioners), ‘surgeon’ is not defined in legislation. This is not the appropriate place to define ‘surgeon’, nor to set out the qualification or training requirements for a doctor to be considered a surgeon. The design and approval of postgraduate qualifications and training for specialties, including surgical specialties, is the responsibility of the medical royal colleges, faculties and GMC.

In spring and summer 2026, DHSC ran a public consultation on proposals to reform the GMC’s legislative framework, which proposed to protect the title of surgeon in the same way it is protected by the Medical Act 1983, meaning that only registered medical practitioners can use the title of surgeon. We will continue to consider how legal restrictions on the performance of cosmetic surgery could be further refined and delineated following the outcome of the GMC legislative framework consultation and any legislative changes ensuing from this.

Independent prescribers are practitioners responsible and accountable for the assessment of patients with previously undiagnosed or diagnosed conditions and for decisions about the clinical management required. An independent prescriber may prescribe autonomously for any condition within their clinical competence.

It is important that anyone performing a high-risk procedure has independent prescribing responsibilities. This is because some treatments require the use of prescription medications, either in the course of the procedure itself or in any secondary procedure that might be required, such as for treating any complications arising from the initial procedure. In addition, timely access to prescription medications is needed to respond to emergencies or complications, such as adrenaline in the event of anaphylaxis or hyaluronidase to dissolve dermal fillers to prevent medical issues such as vascular occlusion and necrosis.

We do not intend to set out in the legislation the specific qualifications or training that practitioners must possess to perform each procedure. In adopting this approach, we do not wish to suggest that all practitioners belonging to the groups specified in these regulations should automatically be considered to be competent to perform all of the treatments included. The individual professional groups included in the regulations vary widely in terms of the tasks they perform and the specialties and environments in which they work. Practitioners would be expected to work within the limits of their own level of individual competence and scope of practice, which will be dependent on their particular training and professional experience.

We consider that the combination of professional regulators’ standards, including the specific safeguards around prescribing practice, and the introduction of CQC registration requirements, would limit the number of HCPs within these groups who are eligible to perform these high-risk procedures.

United Kingdom Internal Market Act 2020

The United Kingdom Internal Market Act 2020 is important for delivering growth and shared prosperity across every nation and region of the UK. The government’s review of the act in 2025 implemented clear improvements to how the internal market operates across the 4 nations. The changes included getting the balance right between devolved governments exercising their powers and ensuring that unnecessary barriers to trade do not emerge within the UK - unlocking growth, protecting jobs and delivering prosperity across the UK.

The government published guidance in 2022 for regulatory bodies on complying with the UK Internal Market Act 2020 and a policy statement on the operation of part 3 of the UK Internal Market Act 2020 in 2026 with respect to the recognition of qualifications and experience. Part 3 of the act introduced a system for the automatic recognition of professional qualifications across the UK internal market to allow professionals qualified in one of the 4 nations of the UK to access the same profession in a different part without needing to requalify. Alongside this, section 26 in part 3 also provides for an ‘individual assessment’ process, which allows for a case-by-case assessment. The automatic recognition system does not apply where an individual assessment is offered, and it is open to regulators to establish an individual assessment process.

DHSC considers that the UK Internal Market Act 2020 is relevant to the changes we are proposing as they impose educational requirements restricting who may perform certain cosmetic and wellbeing procedures. We will work with the healthcare regulators, including CQC, and the Department for Business, Innovation, Science and Trade, in defining how the requirements of the act will be satisfied as the proposed changes to CQC’s regulations are introduced.

Minimum age of client

There are a number of existing legislative restrictions that prevent specific cosmetic procedures being made available to under 18s, including tattoos, teeth whitening and sunbed use. Most recently, the Botulinum Toxin and Cosmetic Fillers (Children) Act 2021 (‘the 2021 act’) made it an offence for a person to administer botulinum toxin, or a filler by way of injection for a cosmetic purpose, to a person under 18 in England. The 2021 act also made it an offence to make arrangements to undertake, or arrange for another person to undertake, these procedures on a person under 18 in England.

The 2021 act was introduced in recognition of the fact that those procedures carry risks to physical health, including infection, blindness and in rare cases death, and there are psychological implications associated with changing physical appearance. Young people are particularly vulnerable as they are developing physically and mentally, and there are ethical implications around the extent to which they can give informed consent to procedures.

In line with these existing restrictions, we therefore propose that practitioners are prohibited from performing any of the high-risk procedures on people under the age of 18 for cosmetic or wellbeing purposes. The procedures will still be available to people under 18 but only in cases where the procedure is being provided by the NHS or is otherwise being performed by an HCP to treat a medical condition. The provision of procedures for these purposes would sit outside the remit of the draft regulations being consulted on here. 

To avoid creating overlapping offences, the prohibition preventing a high-risk cosmetic or wellbeing procedure being offered to or performed on a person under the age of 18 would not apply where the performance of a filler procedure would already be an offence under the 2021 act. As set out in the 2021 act, procedures involving the use of filler may be carried out on a person under the age of 18 if approved by a registered medical practitioner and performed by:

• a registered medical practitioner
• a registered nurse
• a registered dentist within the meaning of the Dentists Act 1984 (see section 53 of that act)
• a registered pharmacist within the meaning of The Pharmacy Order 2010 (statutory instrument 2010/231 - see article 3 of that order)
• a registered person within the meaning of the Pharmacy (Northern Ireland) Order 1976 (statutory instrument 1976/1213 (NI 22) - see article 2 of that order)

However, other restrictions within the proposed regulations relating to filler procedures would apply when such procedures are being carried out on those aged under 18. For example, it would be an offence under the proposed regulations to provide a filler procedure that is covered by the proposed regulations without CQC registration.

Enforcement and offences

Enforcement is one of the core components of the operating model that CQC uses to achieve its purpose and perform its role. CQC has 2 primary purposes when using its enforcement powers:

• to protect people who use regulated services from harm and the risk of harm, and to ensure they receive health and social care services of an appropriate standard
• to hold providers and managers to account for failures in how the service is provided

CQC can take enforcement action against registered providers and managers who breach:

• conditions of their registration
• relevant legislation, including:
  • the Health and Social Care Act 2008
  • The Care Quality Commission (Registration) Regulations 2009
  • The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014

CQC’s civil enforcement powers against registered providers include:

• imposing, varying or removing conditions of registration
• suspending registration
• cancelling registration

A breach of certain civil enforcement actions may constitute a criminal offence. For example, it is an offence for a provider to carry on a regulated activity:

• while a condition of registration prohibiting that activity is in force
• while their registration is suspended
• after their registration has been cancelled

Where a registered person is believed to have caused, or exposed a person using services to, a risk of harm or where there has been a serious risk to life, health or wellbeing, CQC may pursue criminal enforcement action. This is undertaken through a criminal investigation, which may result in sanctions, including prosecution.

CQC can also take enforcement action against unregistered providers who are carrying on regulated activities without being registered. Section 10 of the Health and Social Care Act 2008 sets out the requirement to register as a service provider, with subsection 1 setting out that any person who carries on a regulated activity without being registered to do so is guilty of an offence. Subsection 4 sets out that a person guilty of an offence under this section is liable:

• on summary conviction, to a fine or to imprisonment for a term not exceeding the general limit in a magistrates’ court, or to both

• on conviction on indictment, to a fine, or to imprisonment for a term not exceeding 12 months, or to both

Section 86 of the Health and Social Care Act 2008 sets out provisions for the creation of penalty notices. These notices, as per subsection 3, offer:

the person the opportunity of discharging any liability to conviction for the offence to which the notice relates by payment of a penalty in accordance with the notice

The fixed penalty for an offence under section 10(1) of the Health and Social Care Act 2008 is set out in schedule 5 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 at £4,000.

We propose that there are 2 new offences linked to the new restrictions set out in legislation:

• allowing a non-approved person to perform a high-risk procedure
• allowing a high-risk procedure to be performed on a person under the age of 18

Allowing a non-approved person to perform a high-risk procedure

A service provider (or registered manager) will commit an offence if they allow a procedure that is covered by these regulations to be carried out by a person who is not one of the specified HCPs.

The offence would be punishable on summary conviction (that is, by conviction in a magistrates’ court, without a jury) by an unlimited fine. The regulations would also create a fixed penalty of £4,000 for service providers and £2,000 for registered managers as an alternative to prosecution for this offence.

Allowing a high-risk procedure to be performed on a person under the age of 18

We propose that a service provider (or registered manager) would commit an offence if they allow a procedure that is covered by these regulations to be carried out on a person under the age of 18. The offence would be punishable on summary conviction by an unlimited fine. The regulations would also create a fixed penalty as an alternative to prosecution for this offence. The penalty would be £4,000 for service providers and £2,000 for registered managers.

As outlined in the section on ‘Minimum age of client’, this offence does not apply where the performance of a filler procedure would already constitute an offence under the Botulinum Toxin and Cosmetic Fillers (Children) Act 2021. In such cases, the provisions of the 2021 act would apply instead. Under the 2021 act, the offence of providing a cosmetic filler procedure to a person under the age of 18 in England, or making arrangements to undertake, or arrange for another person to undertake, such procedures on a person under 18 in England, is punishable on summary conviction by an unlimited fine. The 2021 act does not set out any fixed penalty as an alternative to prosecution for this offence.

Effects of the proposed changes

Due to the unregulated and fast-growing nature of the sector, there is a lack of data on the number of businesses who are currently providing these specific treatments, and the volume of procedures being undertaken. DHSC has attempted to gather information on the prevalence of these treatments from stakeholders and local authorities, but very limited information is available. We have included questions in the consultation to respondents about the effects that these changes may have on their activities. The information received will support DHSC and CQC’s understanding of the current scale of the activities being performed.

DHSC has carried out an initial assessment of the potential effects of the policy, which is summarised below. This consultation will provide further evidence to consider in our impact assessment and to inform any changes to the draft legislation. These legislative changes would amend CQC’s legal framework to allow it to introduce changes to its regulatory processes that will implement the proposed legal restrictions. DHSC will also continue to work with CQC as it develops implementation plans for the required changes to its registration and enforcement processes.

Effects on the public

Currently, patients cannot easily verify whether practitioners are appropriately qualified or report harm, increasing the risk of unsafe treatment from unregulated providers. These changes would improve safety by requiring CQC registration and qualified practitioners, but may reduce availability of treatments, increasing costs to the public.

The restrictions may also result in demand for treatment shifting to providers who decide to provide them unlawfully, without seeking CQC registration, or those based overseas.

Effects on practitioners 

The impact on those practitioners providing treatments will vary according to whether they meet the professional requirements required to provide treatments in future, and in relation to their employer’s CQC registration status, or their own if working as a sole trader.

Some practitioners would no longer be able to provide treatments that they offer at present without completing additional training or moving to work within an employer registered with CQC to deliver them. They may incur reduced income as a result.

The restriction of the performance of these treatments may also benefit those HCPs eligible to perform them in future by providing them with increased employment opportunities to undertake treatments.

Effects on businesses

The likely effect of these changes varies across the type of existing provider (CQC‑registered versus unregulated) depending on:

• the current services they provide
• their readiness for registration
• their workforce model

We anticipate that all such businesses will face some direct and indirect costs as a result of these changes. We consider that these costs are proportionate to the public safety benefits of this policy. Existing CQC providers may incur additional registration costs and may need to adjust their staffing to meet new HCP requirements. Unregistered providers may face more significant changes to their business model to obtain CQC registration, or may exit the market. Some businesses may adapt by offering alternative treatments. Enforcement action would apply to those who fail to comply with the legal restrictions. 

Effects on CQC

CQC would incur costs in the design and implementation of the new regulated activities, including development of accompanying CQC guidance and data collection arrangements, and in running a consultation prior to implementation.

CQC would have responsibility for ensuring providers comply with the restrictions and has advised that a full assessment of its regulatory requirements will be carried out once it has a clear indication of potential numbers of providers. The responses to this consultation will support DHSC and CQC’s understanding of the volume of potential registration applications, which will in turn help to map out the transitional arrangements needed. The ongoing impacts for CQC would include:

• increased registration activity
• provider assessments
• reports of non-compliance that require a response and, where appropriate, enforcement action

Effects on the NHS

Restricting these treatments to certain HCPs may draw NHS staff into the aesthetic sector due to higher earnings, potentially reducing NHS capacity.

However, improved safeguards should reduce patient harm and associated NHS treatment costs.

Equalities analysis

DHSC and CQC must meet the requirements of equality and human rights law. These are the Human Rights Act 1998, the Equality Act 2010 and, specifically, the public sector equality duty (PSED).

The PSED covers the following protected characteristics:

• age
• disability
• gender reassignment
• marriage and civil partnership
• pregnancy and maternity
• race (includes ethnic or national origins, colour or nationality)
• religion or belief
• sex
• sexual orientation

There are 3 parts to the duty. Public bodies must, in exercising their functions, have due regard to them all. They are the need to:

• eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act 2010
• advance equality of opportunity between people who share a relevant protected characteristic and those who do not
• foster good relations between people who share a relevant protected characteristic and those who do not

Having due regard to the need to advance equality of opportunity between people who share a relevant protected characteristic and those who do not involves having due regard, in particular, to the need to:

• remove or minimise disadvantages suffered by people who share a relevant protected characteristic that are connected to that characteristic
• take steps to meet the needs of people who share a relevant protected characteristic that are different from the needs of those who do not
• encourage people who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such people is disproportionately low

Having due regard to the need to foster good relations between people who share a relevant protected characteristic and those who do not involves having due regard, in particular, to the need to:

• tackle prejudice
• promote understanding

DHSC has considered the aims of the PSED while developing these proposals, along with the potential impact of these proposals on family relationships and functions. CQC will also assess the equalities impacts of amending its regulatory processes as it takes these changes forward.

As set out in the section on effects, as this sector is unregulated there is very little data available regarding those practitioners that provide high-risk cosmetic treatments, or their clients. This makes it difficult to make judgements about the likely impact of these changes on groups with particular protected characteristics, and we do not hold evidence about the scale of the likely impact on any one group.

Given what we know about the beauty sector more generally, our current assessment is that the changes are likely to impact individuals with different protected characteristics, particularly with regards to gender and age. Those affected by these changes (both working within the sector and receiving these treatments) are more likely to be women and may be more likely to be younger. 

While our assessment shows potential for differential impact, we have not identified any evidence at this stage which suggests that these proposals will directly have a disproportionate impact on individuals or between communities with these characteristics. Our view is that where individuals are affected negatively, these consequences are proportionate when the public safety aims of the policy are taken into account.

We also do not anticipate that the legislative proposals will directly impact on the elimination of discrimination, harassment and victimisation, or that they will promote good relations between groups.

To gain a further understanding of the impact these proposals may have, DHSC would welcome views on how the proposals could impact (positively or negatively) on any of the protected characteristics and on family formation, family life and relationships.

The draft regulations

The draft regulations are published alongside this consultation document.

How to respond

Please respond using the online survey.

Your response will only be considered if you reach the end of the survey and select ‘submit’.

Do not provide personal data when responding to free-text survey questions. Any personal data included will be removed prior to analysis of these responses and will therefore not be considered in the consultation outcome.

The consultation is open for 12 weeks and will close at 11:59pm on 13 January 2027. If you respond after this date, your response will not be considered.

We will then analyse and consider the information provided to us.

If you have any queries on this consultation, contact cosmetic.regulation@dhsc.gov.uk. Do not send your consultation answers or any personal information to this email address.

Next steps

We will seek to publish the details of the responses received and our finalised policy positions and regulations in a timely way. The final draft regulations will be subject to parliamentary debate before the restrictions on the provision of high-risk procedures can be introduced.

There will be a transitionary period during which service providers can apply for CQC registration to provide the new regulated activities, following which the regulations’ restrictions will come into force. Further detail on the timings for the introduction of the restrictions will be finalised once the regulations have completed the parliamentary process. 

Consultation questions

About you

In what capacity are you responding to this survey?

• An individual sharing my personal views and experiences
• An individual sharing my professional views
• On behalf of an organisation

What is your name? (Optional)

Questions for individuals sharing their personal or professional views

Do you work in the aesthetics sector?

• Yes
• No
• Prefer not to say

If you said you work in the aesthetics sector, what is your profession or job role?

• Aesthetic practitioner who is not a statutorily regulated healthcare professional
• Statutorily regulated healthcare professional
• Other healthcare professional
• Business owner
• Prefer not to say
• Other, please specify

If you said you are a statutorily regulated healthcare professional, what type of healthcare professional are you?

• Dentist
• Doctor
• Midwife with independent prescribing responsibilities
• Midwife without independent prescribing responsibilities
• Nurse with independent prescribing responsibilities
• Nurse without independent prescribing responsibilities
• Pharmacist with independent prescribing responsibilities
• Pharmacist without independent prescribing responsibilities
• Prefer not to say
• Other, please specify

If you said you do not work in the aesthetics sector, what is your profession or job role?

• Academic
• Environmental health officer
• Legal professional
• Policy official
• Statutorily regulated healthcare professional
• Other healthcare professional
• Trading standards officer
• Training provider
• Prefer not to say
• Other, please specify

What is your age?

• Under 16
• 16 to 24
• 25 to 34
• 35 to 44
• 45 to 54
• 55 to 64
• 65 to 74
• 75 to 84
• 85 or above
• Prefer not to say

What is your sex?

• Female
• Male
• Prefer not to say

What is your ethnic group?

• White - includes British, Northern Irish, Irish, Gypsy, Irish Traveller, Roma or any other White background
• Mixed or Multiple ethnic groups - includes White and Black Caribbean, White and Black African, White and Asian or any other Mixed or Multiple background
• Asian or Asian British - includes Indian, Pakistani, Bangladeshi, Chinese or any other Asian background
• Black, Black British, Caribbean or African - includes Black British, Caribbean, African or any other Black background
• Other ethnic group - includes Arab or any other ethnic group
• Prefer not to say

Where do you live in the UK?

• England
• Scotland
• Wales
• Northern Ireland
• I live outside the UK
• Prefer not to say

If you said England, which area of England do you live in?

• North East England
• North West England
• Yorkshire and the Humber
• East of England
• East Midlands
• West Midlands
• London
• South East England
• South West England
• Prefer not to say

Questions for organisations

What is the name of your organisation?

Where does your organisation operate or provide services? Select all that apply. (Optional)

• England
• Wales
• Scotland
• Northern Ireland
• The whole of the UK
• Outside of the UK

What type of organisation are you responding on behalf of? (Optional)

• Academic institution
• Business that does not offer aesthetic procedures
• Business that offers aesthetic procedures
• Not for profit organisation
• Public sector body
• Other, please specify

Procedures in scope

The following questions seek views on the high-risk procedures that we are proposing should be restricted. This would mean they would be classified as CQC regulated activities and restricted to being performed by specified healthcare professionals only.

These questions ask whether you agree with restricting the types of procedures listed in the consultation.

Later, we will ask for your views on which healthcare professionals should be allowed to perform these procedures.

Cosmetic surgery procedures

Do you agree or disagree that all cosmetic surgery procedures should be restricted so that they may only be performed by CQC registered providers? This will include, but not be limited to, filler procedures into a part of the body other than the face. This means that augmentation treatments, such as the liquid BBL, are considered to fall within cosmetic surgery. (Optional)

• Agree
• Neither agree nor disagree
• Disagree
• Don’t know

Please explain your answer. (Optional, maximum 500 words)

Non-surgical cosmetic and wellbeing procedures

The following procedures have been included in the draft regulations as high-risk non-surgical cosmetic and wellbeing procedures.

1. Deep chemical peels

These procedures involve the use of a chemical to remove skin cells in the area of treatment. They penetrate deeper than the dermal-epidermal junction.

Do you agree or disagree that the performance of deep chemical peels should be subject to the restrictions on non-surgical high-risk procedures outlined in the consultation? (Optional)

• Agree
• Neither agree nor disagree
• Disagree
• Don’t know

Please explain your answer. (Optional, maximum 500 words)

2. Dermal microcoring

These are procedures in which a needle is inserted into skin and is used to remove a small core of skin tissue.

Do you agree or disagree that the performance of dermal microcoring should be subject to the restrictions on non-surgical high-risk procedures outlined in the consultation? (Optional)

• Agree
• Neither agree nor disagree
• Disagree
• Don’t know

Please explain your answer. (Optional, maximum 500 words)

3. Intravenous procedures

These are procedures where any substance is introduced intravenously for a cosmetic or wellbeing purpose.

Do you agree or disagree that the performance of intravenous procedures for cosmetic or wellbeing purposes should be subject to the restrictions on non-surgical high-risk procedures outlined in the consultation? (Optional)

• Agree
• Neither agree nor disagree
• Disagree
• Don’t know

Please explain your answer. (Optional, maximum 500 words)

4. Laser and intense pulsed light procedures

These are procedures where:

• a laser is used to remove one or more layers of skin
• a laser is introduced into the skin through a puncture or incision in the skin
• a laser or intense pulsed light is used on the eyelid or within the periorbital rim

Do you agree or disagree that these laser and intense pulsed light procedures should be subject to the restrictions on non-surgical high-risk procedures outlined in the consultation? (Optional)

• Agree
• Neither agree nor disagree
• Disagree
• Don’t know

Please explain your answer. (Optional, maximum 500 words)

5. Non-resorbable facial filler procedures

These are procedures that involve the subcutaneous, submucous or intradermal injection of a non-resorbable filler into the tissue of the face.

Do you agree or disagree that these types of filler procedures should be subject to the restrictions on non-surgical high-risk procedures outlined in the consultation? (Optional)

• Agree
• Neither agree nor disagree
• Disagree
• Don’t know

Please explain your answer. (Optional, maximum 500 words)

6. Anaesthetic injections

This covers any procedure for cosmetic purposes that includes the administration of an anaesthetic as a separate injection.

Do you agree or disagree that procedures which involve the administration of an anaesthetic as a separate injection should be subject to the restrictions on non-surgical high-risk procedures outlined in the consultation? (Optional)

• Agree
• Neither agree nor disagree
• Disagree
• Don’t know

Please explain your answer. (Optional, maximum 500 words)

7. Therapeutic products derived from human blood or plasma

These are procedures in which a product derived from human blood or plasma is introduced into the body.

Do you agree or disagree that these blood product procedures should be subject to the restrictions on non-surgical high-risk procedures outlined in the consultation? (Optional)

• Agree
• Neither agree nor disagree
• Disagree
• Don’t know

Please explain your answer. (Optional, maximum 500 words)

8. Subcision procedures

These are procedures in which a needle is used to cut fibrous bands that connect skin to underlying tissue.

Do you agree or disagree that subcision procedures should be subject to the restrictions on non-surgical high-risk procedures outlined in the consultation? (Optional)

• Agree
• Neither agree nor disagree
• Disagree
• Don’t know

Please explain your answer. (Optional, maximum 500 words)

Are there any other procedures you think should be included in the draft regulations as high-risk non-surgical cosmetic and wellbeing procedures? (Optional)

• Yes
• No
• Don’t know

Please explain your answer. Please give details of any procedures you think should be included and why. (Optional, maximum 500 words)

Practitioners in scope

Under our proposals, non-surgical high-risk cosmetic and wellbeing procedures would be restricted to being performed by the following HCPs:

• doctors (that is, medical doctors registered with GMC)
• dentists
• independent prescribing nurses
• independent prescribing midwives
• independent prescribing pharmacists

You will be asked a series of questions about these proposals and then asked to explain your answers.

Do you agree or disagree that only the listed professional groups should be allowed to perform high-risk non-surgical cosmetic and wellbeing procedures? (Optional)

• Agree
• Neither agree nor disagree
• Disagree
• Don’t know

Are there any professional groups that you think should be removed from the list? This would mean they would not be allowed to perform non-surgical high-risk cosmetic and wellbeing procedures. (Optional)

• Yes
• No
• Don’t know

If you said yes, which group or groups do you think should be removed? Select all that apply. (Optional)

• Doctors (medical doctors registered with GMC)
• Dentists
• Independent prescribing nurses
• Independent prescribing midwives
• Independent prescribing pharmacists

Are there any other professional groups that you think should be added to the list? (Optional)

• Yes
• No
• Don’t know

Please explain your answers to the questions in this section. If there are professional groups you think should be removed from the list, please explain why. If there are professional groups who should be added to the list, please name them and explain why. (Optional, maximum 500 words)

Under our proposals, all procedures considered to be cosmetic surgery would be restricted to being performed by medical doctors only.

Do you agree or disagree that all cosmetic surgical procedures should only be performed by medical doctors? (Optional)

• Agree
• Neither agree nor disagree
• Disagree
• Don’t know

Please explain your answer. If there are any other professional groups you think should be allowed to perform cosmetic surgical procedures, please name them and explain why. (Optional, maximum 500 words)

Minimum age of client

The procedures referenced in this consultation can carry risks to physical health, and there are psychological implications associated with changing physical appearance. Young people are particularly vulnerable as they are developing physically and mentally, and there are ethical implications around the extent to which they can give informed consent to procedures.

We are therefore proposing that practitioners should be prohibited from performing any of the high-risk cosmetic and wellbeing procedures listed in the consultation on people under the age of 18, unless the procedure is being provided by the NHS or is otherwise being performed by an HCP to treat a medical condition. As outlined in this consultation document, restrictions for filler procedures work slightly differently as there are already restrictions in place in relation to their provision for people under the age of 18 within the Botulinum Toxin and Cosmetic Fillers (Children) Act 2021.

Do you agree or disagree that the procedures outlined in the consultation should only be performed on people aged 18 and over? This excludes procedures that are provided by the NHS or performed by a healthcare professional to treat a medical condition. (Optional)

• Agree
• Neither agree nor disagree
• Disagree
• Don’t know

Please explain your answer. (Optional, maximum 500 words)

Enforcement and offences

Enforcement is one of the core components of the operating model that CQC uses to achieve its purpose and perform its role. CQC has 2 primary purposes when using its enforcement powers:

• to protect people who use regulated services from harm and the risk of harm, and to ensure they receive health and social care services of an appropriate standard
• to hold providers and managers to account for failures in how the service is provided

We propose that there are 2 new offences linked to the new restrictions set out in legislation:

• allowing a non-approved person to perform a high-risk procedure
• allowing the performance of a high-risk procedure on a person under the age of 18

You will be asked a series of questions about these proposals and then asked to explain your answers.

Allowing a non-approved person to perform a high-risk procedure

Under these proposals, a service provider (or registered manager) will commit an offence if they allow a procedure that is covered by these regulations to be carried out by a non-approved person.

Do you agree or disagree with the creation of this proposed offence? (Optional)

• Agree
• Neither agree nor disagree
• Disagree
• Don’t know

Under these proposals, the offence will be punishable on summary conviction (that is, in a magistrates’ court without a jury) by an unlimited fine. The regulations also create a fixed penalty of £4,000 for service providers and £2,000 for registered managers as an alternative to prosecution for this offence.

Do you agree or disagree with the proposed fines and penalties associated with this offence? (Optional)

• Agree
• Neither agree nor disagree
• Disagree
• Don’t know

Allowing the performance of a high-risk procedure on a person under the age of 18

Under these proposals, a service provider (or registered manager) will commit an offence if they allow a procedure that is covered by these regulations to be carried out on a person under the age of 18.

As outlined in the ‘Minimum age of client’ section, this offence does not apply where the performance of a filler procedure would already constitute an offence under the Botulinum Toxin and Cosmetic Fillers (Children) Act 2021. In such cases, the provisions of the 2021 act would apply instead.

Do you agree or disagree with the creation of this proposed offence? (Optional)

• Agree
• Neither agree nor disagree
• Disagree
• Don’t know

Under these proposals, the offence will be punishable on summary conviction (that is, in a magistrates’ court without a jury) by an unlimited fine. The regulations also create a fixed penalty of £4,000 for service providers and £2,000 for registered managers as an alternative to prosecution for this offence.

Do you agree or disagree with the proposed fines and penalties associated with this offence? (Optional)

• Agree
• Neither agree nor disagree
• Disagree
• Don’t know

Please explain your answers to the questions in this section. (Optional, maximum 500 words)

Effects of the proposed changes

Due to the unregulated and fast-growing nature of the sector, there is a lack of data on the number of businesses who are currently providing these specific procedures, and the volume of procedures being undertaken.

DHSC has attempted to gather information on the prevalence of these procedures from stakeholders including local authorities. We have undertaken an initial assessment of the potential impacts of the policy, but very limited information is available. The responses to this consultation will provide further evidence to consider in our impact assessment and to inform any changes to the draft legislation.

How might these proposals positively affect businesses, consumers and other stakeholders? (Optional, maximum 500 words)

How might these proposals negatively affect businesses, consumers and other stakeholders? (Optional, maximum 500 words)

Are you a practitioner or business that offers any of the procedures that would be restricted under these proposals? (Optional)

• Yes
• No

If you said yes, which procedures (as defined in the consultation) do you offer? Select all that apply. (Optional)

• Cosmetic surgery, including filler procedures into a part of the body, other than the face
• Deep chemical peels
• Dermal microcoring
• Intravenous procedures
• Specified lasers and intense pulsed light procedures
• Non-resorbable facial fillers
• Procedures for cosmetic purposes that include the administration of an anaesthetic as a separate injection
• Any procedure in which a therapeutic product derived from human blood or plasma is introduced into the body
• Subcision procedures

Questions for people and organisations who currently offer cosmetic surgery

You said that you or your business currently offers cosmetic surgery.

Based on the proposals in this consultation, would you or your business continue to be eligible to offer surgical cosmetic procedures (including non-facial fillers)? (Optional)

• Yes
• No
• Don’t know

Please explain your answer. (Optional, maximum 500 words)

If you said yes or don’t know, if the proposals were introduced, would you seek CQC registration under the relevant regulated activity to continue to offer cosmetic surgery? (Optional)

• Yes
• No
• Not applicable
• Don’t know

Please explain your answer. If you would not seek registration, please tell us why. (Optional, maximum 500 words)

If you said you or your business would not continue to be eligible, would you make changes to your business in order to become eligible to provide cosmetic surgery under the proposals? For example, by employing appropriately qualified healthcare professionals to perform them. (Optional)

• Yes
• No
• Not applicable
• Don’t know

Please explain your answer. (Optional, maximum 500 words)

Questions for people and organisations who currently offer non-surgical cosmetic procedures

You said that you or your business currently offers one or more non-surgical cosmetic procedures within scope of the proposed restrictions.

Based on the proposals in this consultation, would you or your business continue to be eligible to offer these non-surgical cosmetic procedures? (Optional)

• Yes
• No
• Don’t know

Please explain your answer. (Optional, maximum 500 words)

If you said yes or don’t know, if the proposals were introduced, would you seek CQC registration under the relevant regulated activity to continue to offer non-surgical cosmetic procedures? (Optional)

• Yes
• No
• Not applicable
• Don’t know

Please explain your answer. If you would not seek CQC registration, please tell us why. (Optional, maximum 500 words)

If you said you or your business would not continue to be eligible, if the proposals were introduced, would you make changes to your business in order to become eligible to provide non-surgical cosmetic procedures? (Optional)

• Yes
• No
• Not applicable
• Don’t know

Please explain your answer. (Optional, maximum 500 words)

Equalities impact

To gain a further understanding of the impact these proposals may have, DHSC would welcome views on how the proposals could impact (positively or negatively) on any of the protected characteristics and on family formation, family life and relationships. The protected characteristics are:

• age
• disability
• gender reassignment
• marriage and civil partnership
• pregnancy and maternity
• race (includes ethnic or national origins, colour or nationality)
• religion or belief
• sex
• sexual orientation

Are there any groups of people, such as (but not limited to) those with protected characteristics, who you believe would be positively or negatively impacted by the proposals in this consultation? (Optional)

• Yes
• No
• Don’t know

If you said yes, please tell us how the proposals would impact any groups. In your response, please include whether the impact would be positive or negative, and how we could reduce any negative effects. (Optional, maximum 500 words)

The draft order

The draft regulations are published alongside this consultation document.

If you have any comments on the draft regulations, please provide them here. (Optional, maximum 500 words)

Privacy notice

Data controller

DHSC is the data controller.

What personal data we collect

People responding to this consultation are asked to provide their name and email address (both optional). Their IP address will also be collected.

Individuals (that is, those who are not responding on behalf of an organisation) are also asked for their:

• age
• sex
• ethnicity
• location (where in the UK they live and, where applicable, in what geographical area of England they live in)

Individuals are asked for further detail about their profession or job role.

Those responding on behalf of an organisation are asked for:

• the name of their organisation (required)
• what type of organisation they are responding on behalf of (optional)
• where their organisation operates or provides services (optional)

Respondents are asked whether they, or their business, offer any of the treatments to be restricted under the planned legislation and, if so, whether they could continue to offer relevant procedures once the regulations come into force.

We ask respondents not to include any personal details in free text responses.

How we use your data (purposes)

The information described above will be collected as part of the online survey response to this consultation.

Names and email addresses are collected with the aim of allowing DHSC, if respondents give their permission, to contact them about their response and to notify them in future of any further consultations or policy announcements related to this consultation. The collection of IP addresses is intended to help detect and prevent misuse, including duplicate or automated submissions to the consultation.

All other personal data will be used in the analysis of the consultation to help DHSC understand how people from different groups respond to the consultation’s proposals.

Legal basis for processing personal data

Under the UK General Data Protection Regulation (GDPR), the lawful basis we rely on for processing personal data is:

• article 6(1)(e): necessary for the performance of a task carried out in the public interest or in the exercise of the department’s official authority

Data processors and other recipients of personal data

The consultation is hosted through an online platform owned by SocialOptic, which is a contracted supplier of DHSC. SocialOptic will delete any personal data in line with the retention and disposal periods outlined below, or earlier if instructed to do so by DHSC.

International data transfers and storage locations

Personal data received will be stored in the UK by DHSC.

Storage of data by SocialOptic is provided on secure servers located in the UK.

Retention and disposal policy

Personal data shall be retained for no longer than 12 months following the closure of the consultation to allow time for analysis and publication of the government’s response to this and future consultations, and in case we need to seek clarification on any comments from respondents.

SocialOptic will securely erase the data held on its system one year after the online survey closes, or when instructed to do so by DHSC if the data has served its intended purpose (whichever happens earlier).

How we keep your data secure

Personal data held by DHSC is stored securely on our records management system and shared only between DHSC employees linked to this project.

Your rights as a data subject

By law, data subjects have a number of rights, and this processing does not take away or reduce these rights under the UK General Data Protection Regulation, and the UK Data Protection Act 2018 applies.

These rights are:

• the right to get copies of information - individuals have the right to ask for a copy of any information about them that is used
• the right to get information corrected - individuals have the right to ask for any information held about them that they think is inaccurate to be corrected
• the right to limit how the information is used - individuals have the right to ask for any of the information held about them to be restricted - for example, if they think inaccurate information is being used
• the right to object to the information being used - individuals can ask for any information held about them to not be used. However, this is not an absolute right, and continued use of the information may be necessary, with individuals being advised if this is the case
• the right to get information deleted - this is not an absolute right, and continued use of the information may be necessary, with individuals being advised if this is the case

Comments or complaints

Anyone unhappy or wishing to complain about how personal data is used as part of this programme should contact data_protection@dhsc.gov.uk in the first instance or write to:

Data Protection Officer
1st Floor North
39 Victoria Street
London
SW1H 0EU

Anyone who is still not satisfied can complain to the Information Commissioner’s Office. Their postal address is:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Automated decision-making or profiling

No decision will be made about individuals solely based on automated decision-making (where a decision is taken about them using an electronic system without human involvement) that has a significant impact on them.

Changes to this policy

This privacy notice is kept under regular review. This privacy notice was last updated on 21 October 2026.