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make
it an offence to prevent or stop a person in charge of a child
who is |
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otherwise permitted to be
in a public place or licensed premises from feeding |
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milk to that child in that
place or on those premises; to make provision in |
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relation to the promotion
of breastfeeding; and for connected purposes. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
Offence
of preventing or stopping a child from being fed milk |
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(1) |
Subject to subsection (2),
it is an offence deliberately to prevent or stop a person |
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in charge of a child from
feeding milk to that child in a public place or on |
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(2) |
Subsection (1) does not
apply if the child, at the material time, is not lawfully |
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5 |
permitted to be in the public
place or on the licensed premises otherwise than |
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for the purpose of being
fed milk. |
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(3) |
A person guilty of an offence
under subsection (1) is liable on summary |
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conviction to a fine not
exceeding level 4 on the standard scale. |
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10 |
“child” means
a person who has not yet attained the age of two years; |
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(b) |
feeding from a bottle
or other container; |
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“licensed premises”
means premises used for licensable activity under |
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Part III of the Licensing
Act 2003 (c. 17); |
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“milk” means
breastmilk, cow’s milk or infant formula; |
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“public place”
means any place to which, at the material time, the public |
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or any section of the public
has access, on payment or otherwise, as of |
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right or by virtue of express
or implied permission. |
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20 |
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(1) |
Anything done by a person
in the course of that person’s employment shall, in |
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any proceedings brought under
this Act, be treated for the purposes of this Act |
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as done also by that person’s
employer, whether or not it was done with the |
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employer’s knowledge
or approval. |
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(2) |
Anything done by a person
as agent for another person with the authority |
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(whether express or implied
and whether precedent or subsequent) of that |
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other person shall, in any
proceedings brought under this Act, be treated for |
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the purposes of this Act
as done also by that other person. |
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(3) |
In proceedings brought under
this Act against an employer in respect of an |
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offence under section 1
alleged to have been done by an employee of the |
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employer, it shall be a defence
for the employer to prove that the employer |
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took such steps as were reasonably
practicable to prevent the employee from |
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committing such an offence
in the course of the employee’s employment. |
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(4) |
In this section, “employment”
means employment under a contract of service |
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or of apprenticeship or a
contract personally to do any work; and related |
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expressions are to be construed
accordingly. |
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3 |
Offence
of bodies corporate and partnerships |
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(1) |
If an offence under section
1
committeed by a body corporate is proved— |
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(a) |
to have been committed with
the consent or connivance of an officer, or |
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(b) |
to be attributable to any
neglect on that officer’s part, |
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the
officer as well as the body corporate is guilty of the offence
and liable to be |
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proceeded against and punished
accordingly. |
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(2) |
In subsection (1), “officer”,
in relation to a body corporate, means a director, |
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manager, secretary of other
similar officer of the body, or a person purporting |
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to act in any such capacity. |
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(3) |
If the affairs of a body
corporate are managed by its members, subsection (1) |
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applies in relation to the
acts and defaults of a member in connection with that |
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member’s functions
of management as if the member were a director of the |
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(4) |
If any offence under any
provision of this Act committed by a partnership is |
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(a) |
to have been committed with
the consent or connivance of a partner, or |
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(b) |
to be attributable to any
neglect on that partner’s part, |
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the
partner as well as the partmership is guilty of the offence and
liable to be |
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proceeded against and punished
accordingly. |
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(5) |
In subsection (4), “partner”
includes a person purporting to act as a partner. |
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4 |
Promotion
and support of breastfeeding |
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(1) |
After section 1A of the National
Health Service Act 1977 (c. 49) insert— |
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(1) |
The Secretary of State
shall make arrangements, to such extent as he |
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considers
necessary to meet all reasonable requirements, for the |
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