Offence of providing a non-surgical procedure outwith permitted premises 3 Offence of providing a non-surgical procedure outwith permitted premises (1) It is an offence for a person to provide a non-surgical procedure to another person outwith permitted premises. 10 (2) It is a defence for a person charged with an offence under subsection (1) to show that 1 the person reasonably believed at the time of providing the non-surgical procedure that the procedure was being provided in permitted premises. (3) It is to be regarded as shown that the person reasonably believed that the non-surgical procedure was being provided in permitted premises if— 15 (a) enough evidence is adduced to raise an issue as to whether that is the case, and (b) the prosecution does not prove beyond reasonable doubt that is not the case. 4 Meaning of “permitted premises” (1) In section 3, “permitted premises” means— (a) premises of a registered independent clinic whose services are provided or managed 20 by a person mentioned in subsection (3) if— (i) the address of the premises is entered in the register in relation to the registered independent clinic, or (ii) the premises are a vehicle that is not a dwelling of the person to whom the non-surgical procedure is being provided, 25 (b) premises the address of which is entered in the register in relation to a registered independent hospital, (c) any premises (or vehicle), other than a dwelling or care home, at or in which general dental services are provided in accordance with an agreement pursuant to section 25 of the 1978 Act, 30 (d) premises, other than a dwelling or care home, the address of which is specified in an agreement pursuant to section 17C of the 1978 Act as one at which primary medical services are to be provided in accordance with the agreement, (e) premises, other than a dwelling or care home, the address of which is specified in a contract pursuant to section 17J of the 1978 Act as one at which general 35 medical services are to be provided in accordance with the contract, (f) a registered pharmacy within the meaning of section 74 of the Medicines Act 1968. (3) The persons referred to in subsection (1)(a) are— (a) a registered medical practitioner, 40 (b) a person registered in the dentists register under the Dentists Act 1984, 4 Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill Part 1—Non-surgical Procedures (c) a registered nurse who is noted in the Nursing and Midwifery Register as being qualified to order drugs, medicines and appliances as a nurse independent prescriber, (d) a registered midwife who is noted in the Nursing and Midwifery Register as being 5 qualified to order drugs, medicines and appliances as a nurse independent prescriber, (e) a pharmacist independent prescriber. (4) The Scottish Ministers may...