Overview

This bill aims to improve equality in arbitration and mediation services in England and Wales by amending existing laws to prevent discrimination based on sex and ensure fairer outcomes. It introduces measures to address potential bias in evidence evaluation, property division, and legal rights recognition, and creates a new offense for falsely claiming legal jurisdiction.

Description

The bill makes several key amendments to existing Acts:

• Equality Act 2010: Adds provisions prohibiting discrimination based on sex in arbitration services. This includes specific examples of discriminatory practices such as valuing men's evidence more highly than women's or assuming unequal property rights between genders. It also clarifies that the public sector equality duty should consider the legal vulnerabilities of those in religiously-based marriages or polygamous households.
• Arbitration Act 1996: Introduces a new section (6A) invalidating arbitration agreements that contain discriminatory clauses based on sex, mirroring the provisions added to the Equality Act 2010.
• Family Law Act 1996: Adds a provision allowing courts to set aside orders based on agreements reached through mediation or negotiation if a party's consent wasn't genuine. This includes considering whether parties were fully informed of their legal rights and whether any manipulation or duress occurred.
• Courts and Legal Services Act 1990: Creates a new offense for falsely claiming legal jurisdiction, carrying a maximum sentence of 7 years imprisonment.

Government Spending

The bill doesn't directly specify government spending. The implementation of the new regulations and potential court cases arising from its provisions may lead to some increase in government expenditure, but no figures are available within the provided text.

Groups Affected

• Individuals involved in arbitration and mediation: The bill directly affects individuals involved in these processes, ensuring fairer treatment and preventing gender-based discrimination.
• Arbitration and mediation service providers: These providers must comply with the new anti-discrimination rules.
• Courts: Courts will have new powers to review and potentially overturn agreements reached through mediation or negotiation where consent is not deemed genuine.
• Individuals in religiously-based marriages or polygamous households: The bill aims to offer them increased protection by highlighting their potential legal vulnerabilities.
• Individuals falsely claiming legal jurisdiction: This group faces potential criminal prosecution under the amended Courts and Legal Services Act.

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