Overview

This bill aims to improve equality within arbitration and mediation services, enhance protections for victims of domestic abuse, and address issues related to falsely claiming legal jurisdiction. It amends several existing Acts to achieve these goals, focusing primarily on eliminating sex-based discrimination in legal processes.

Description

The bill makes several key changes across various Acts:

• Equality Act 2010 Amendments: Adds provisions prohibiting discrimination based on sex in arbitration services. This includes explicitly banning bias in how evidence is treated and assumptions about property rights based on gender. It also clarifies the public sector equality duty to consider individuals in legally unprotected situations, such as those married only religiously or in polygamous relationships.
• Arbitration Act 1996 Amendments: Introduces a new section explicitly prohibiting discriminatory terms in arbitration agreements relating to gender, such as unequal treatment of evidence or assumptions about property division.
• Family Law Act 1996 Amendments: Allows courts to set aside orders based on negotiated agreements (including mediation) if one party's consent wasn't genuine, considering factors like manipulation or duress. This includes allowing specific third parties (to be defined by the Secretary of State) to apply for such declarations.
• Criminal Justice and Public Order Act 1994 Amendments: Extends the protection against intimidation to victims of domestic abuse assisting in investigations or acting as witnesses.
• Courts and Legal Services Act 1990 Amendments: Creates a new offence for falsely claiming to have the powers or duties of a court, punishable by up to 7 years imprisonment.

Government Spending

The bill's impact on government spending is not directly specified in the provided text. The costs associated with implementing the new legal provisions and potential increases in court cases would need to be separately assessed.

Groups Affected

• Victims of domestic abuse: Enhanced legal protections against intimidation.
• Participants in arbitration and mediation: Greater protection from sex-based discrimination.
• Individuals in legally unprotected marital situations: Increased awareness of their lack of legal protection.
• Public sector bodies: Greater responsibilities under the public sector equality duty.
• Individuals falsely claiming legal jurisdiction: Risk of criminal prosecution.
• Courts and legal professionals: Changes to procedures and responsibilities.

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