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Breastfeeding etc. (Scotland) Act 2005

Consolidated Text As Enacted Cited authorities 9 Cited in Amendments 1 Related
Vincent
JurisdictionScotland
Citation2005 asp 1
Year2005
(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) F1
(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 person as agent for another person with the authority (whether express or implied and whether precedent or subsequent) of that other person shall, in any proceedings brought under this Act, be treated for the purposes of this Act as done also by that other person.(3) In proceedings brought under this Act against an employer in respect of an offence under section 1 alleged to have been done by an employee of the employer, it shall be a defence for the employer to prove that the employer took such steps as were reasonably

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