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Breastfeeding etc. Bill


 

Breastfeeding etc. Bill

 

 
 

Contents

1   

Offence of preventing or stopping a child from being fed milk

2   

Vicarious liability

3   

Offence of bodies corporate and partnerships

4   

Promotion and support of breastfeeding

5   

Commencement, short title and extent

 

Bill 79                                                                                                 

54/1

 
 

Breastfeeding etc. Bill

1

 

A

Bill

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. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

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

5

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—

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“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 used for licensable activity under

15

Part III of the Licensing Act 2003 (c. 17);

“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.

20

 
Bill 79 54/1
 
 

Breastfeeding etc. Bill

2

 

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.

5

(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

10

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 practicable to prevent the employee from

committing such an offence in the course of the employee’s employment.

(4)   

In this section, “employment” means employment under a contract of service

15

or of apprenticeship or a contract personally to do any work; and related

expressions are to be construed accordingly.

3       

Offence of bodies corporate and partnerships

(1)   

If an offence under section 1 committeed by a body corporate is proved—

(a)   

to have been committed with the consent or connivance of an officer, or

20

(b)   

to be attributable to any neglect on that officer’s part,

   

the officer as well as the body corporate is guilty of the offence and liable to be

proceeded against and punished accordingly.

(2)   

In subsection (1), “officer”, in relation to a body corporate, means a director,

manager, secretary of other similar officer of the body, or a person purporting

25

to act in any such capacity.

(3)   

If the affairs of a body corporate are managed by its members, subsection (1)

applies in relation to the acts and defaults of a member in connection with that

member’s functions of management as if the member were a director of the

body corporate.

30

(4)   

If any offence under any provision of this Act committed by a partnership is

proved—

(a)   

to have been committed with the consent or connivance of a partner, or

(b)   

to be attributable to any neglect on that partner’s part,

   

the partner as well as the partmership is guilty of the offence and liable to be

35

proceeded against and punished accordingly.

(5)   

In subsection (4), “partner” includes a person purporting to act as a partner.

4       

Promotion and support of breastfeeding

(1)   

After section 1A of the National Health Service Act 1977 (c. 49) insert—

“1AA    

Breastfeeding

40

(1)   

The Secretary of State shall make arrangements, to such extent as he

considers necessary to meet all reasonable requirements, for the

 
 

Breastfeeding etc. Bill

3

 

purpose of supporting and encouraging the breastfeeding of children

by their mothers.

(2)   

The Secretary of State shall have the power to disseminate, by whatever

means, information promoting and encouraging breastfeeding.”.

5       

Commencement, short title and extent

5

(1)   

Sections 1 to 4 of this Act shall come into force two months after the date of

Royal Assent or on such earlier day as the Secretary of State may by order

appoint.

(2)   

This Act may be cited as the Breastfeeding etc. Act 2005.

(3)   

This Act extends to England and Wales only.

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