Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Act 2021

JurisdictionScotland
Citation2021 asp 6
who is a retail worker, andwho is engaged, at the time, in retail work.is a retail worker, andis engaged, at the time, in retail work.(3) A person who commits an offence under subsection (1) is liable, on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the prescribed sum (or both) .whether a person is a retail worker, andwhether the person is engaged, at the time, in retail work.(5) In subsection (3) , the “prescribed sum” has the meaning given by section 225(8) of the Criminal Procedure (Scotland) Act 1995.behaves in a threatening or abusive manner towards the worker, andintends by the behaviour to cause the worker or any other person fear or alarm or is reckless as to whether the behaviour would cause such fear or alarm.behaviour of any kind including, in particular, things said or otherwise communicated as well as things done,a single act, ora course of conduct.specified in the complaint that the offence is aggravated by reason of the retail worker's enforcing a statutory age restriction, andproved that the offence is so aggravated.(2) The offence is so aggravated if the behaviour constituting the offence occurred because of the enforcement of a statutory age restriction.(3) Evidence from a single source is sufficient to prove that the offence is so aggravated.state on conviction that the offence is so aggravated,record the conviction in a way that shows that the offence is so aggravated,take the aggravation into account in determining the appropriate sentence, andwhere the sentence imposed in respect of the offence is different from that which the court would have imposed if the offence were not so aggravated, the extent of and the reasons for that difference, orotherwise, the reasons for there being no such difference.(5) In this section—
  • enforcement”, in relation to a statutory age restriction, includes—
    • (a) seeking information as to a person's age,
    • (b) considering information as to a person's age,
    • (c) refusing to sell or supply goods or services,
    for the purposes of complying with the restriction (and “enforcing” is to be construed accordingly) ,
  • statutory age restriction” means a provision in an enactment making it an offence to sell or supply goods or services to a person under an age specified in that or another enactment.
whose usual place of work is retail premises, orwhose usual place of work is not retail premises but who does retail work,

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