Overview

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

Description

The bill makes significant changes to several Acts:

• Equality Act 2010: Adds provisions prohibiting discrimination based on sex in arbitration services. This includes explicitly addressing bias in evidence evaluation and assumptions about property rights and inheritance based on gender. It also clarifies the public sector equality duty to include considerations for those in marriages or households not legally recognized.
• Arbitration Act 1996: Adds a section invalidating arbitration agreements containing discriminatory terms based on sex, mirroring the provisions added to the Equality Act.
• Family Law Act 1996: Introduces a mechanism for courts to set aside orders based on negotiated agreements (including mediation) if one party's consent wasn't genuine. This considers factors like whether parties were informed of their legal rights and whether coercion was involved.
• Criminal Justice and Public Order Act 1994: Extends the protection against intimidation to include victims of domestic abuse who assist in investigations or act as witnesses.
• Courts and Legal Services Act 1990: Creates a new offense of falsely claiming legal jurisdiction, punishable by up to 7 years imprisonment.

Government Spending

The bill's financial implications are not explicitly stated in the provided text. The cost will likely depend on the implementation of the new legal provisions, including potential increased court workloads and enforcement activities. No figures are available from the given text.

Groups Affected

• Individuals involved in arbitration or mediation: The bill aims to protect them from sex-based discrimination.
• Victims of domestic abuse: The bill offers enhanced protection against intimidation during investigations and legal proceedings.
• Courts and legal professionals: They will need to adapt to the new legal requirements and provisions.
• Individuals in non-legally recognized marriages or polygamous households: The bill seeks to address their lack of legal protection.
• Those who falsely claim legal jurisdiction: They will face criminal penalties.

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