Breastfeeding etc. (Scotland) Act 2005
| Jurisdiction | Scotland |
| Citation | 2005 asp 1 |
| Year | 2005 |
Breastfeeding etc. (Scotland) Act 2005
asp 1
The Bill for this Act of the Scottish Parliament was passed by the Parliament on18th November 2004and received Royal Assent on18th January 2005
An Act of the Scottish Parliament to make it an offence to prevent or stop a person in charge of a child who is otherwise permitted to be in a public place or licensed premises from feeding milk to that child in that place or on those premises; to make provision in relation to the promotion of breastfeeding; and for connected purposes.
1 Offence of preventing or stopping a child from being fed milk
(1) Subject to subsection (2), it is an offence deliberately to prevent or stop a person in charge of a child from feeding milk to that child in a public place or on licensed premises.
(2) Subsection (1) does not apply if the child, at the material time, is not lawfully permitted to be in the public place or on the licensed premises otherwise than for the purpose of being fed milk.
(3) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(4) In this section—
‘child’ means a person who has not yet attained the age of two years;
‘feeding’ includes—
(a) breastfeeding; and
(b) feeding from a bottle or other container;
‘licensed premises’ means premises licensed under—
(a) section 12 of the Theatres Act 1968 (c.54);
(b) Part II of the Licensing (Scotland) Act 1976 (c.66);
(c) Part II of the Civic Government (Scotland) Act 1982 (c.45); or
(d) section 1 of the Cinemas Act 1985 (c.13);
‘milk’ means breastmilk, cow's milk or infant formula;
‘public place’ means any place to which, at the material time, the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission.
2 Vicarious liability
(1) Anything done by a person in the course of that person's employment shall, in any proceedings brought under this Act, be treated for the purposes of this Act as done also by that person's employer, whether or not it was done with the employer's knowledge or approval.
(2) Anything done by a...
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