Overview

This bill aims to improve equality in arbitration and mediation services in England and Wales by amending several existing Acts. It focuses on preventing sex discrimination in these services and ensuring that agreements reached through negotiation or mediation are genuinely consented to.

Description

The bill makes key amendments to four Acts: the Equality Act 2010, the Arbitration Act 1996, the Family Law Act 1996, and the Courts and Legal Services Act 1990.

Equality Act 2010 Amendments:

The bill adds a clause to prohibit discrimination based on sex in providing arbitration services. This includes treating men's and women's evidence differently, making assumptions about unequal property division between genders, and assuming unequal property rights based on gender. It also clarifies the public sector equality duty to consider individuals lacking legal protection due to unconventional marital status (e.g., religious marriages not legally recognised, or polygamous households).

Arbitration Act 1996 Amendments:

The bill adds a section to invalidate arbitration agreements containing discriminatory terms based on sex, similar to those prohibited under the Equality Act 2010 amendments.

Family Law Act 1996 Amendments:

A new section allows courts to set aside orders based on mediation or negotiated agreements if one party's consent wasn't genuine. This includes assessing whether parties were fully informed of their legal rights and whether any manipulation or duress occurred. The Secretary of State can specify relevant third parties (potentially including local authorities) who can make such applications.

Courts and Legal Services Act 1990 Amendments:

A new offence is created for falsely claiming legal jurisdiction in relation to arbitration or court proceedings; carrying a maximum sentence of 7 years imprisonment.

Government Spending

The bill doesn't directly specify any new government spending. The cost of implementing the changes (such as training and court processes) is not detailed.

Groups Affected

• Individuals involved in arbitration and mediation: The bill aims to protect individuals from sex discrimination in these processes.
• Arbitration and mediation providers: They will need to comply with the new equality provisions.
• Courts: Courts will have new powers to set aside agreements if consent was not genuine.
• Local Authorities (potentially): May be given power to challenge agreements under the Family Law Act amendments.
• Individuals in unconventional marital situations: The bill aims to protect those lacking legal protection due to their marital circumstances.
• Individuals who falsely claim legal jurisdiction: They will be subject to criminal prosecution.

Powered by nyModel