Overview

This bill aims to improve equality in arbitration and mediation services, protect victims of domestic abuse, and prevent false claims of legal jurisdiction. It amends several existing Acts to achieve these goals, primarily focusing on ensuring fair treatment and preventing discriminatory practices within these processes.

Description

The bill makes key amendments to several acts:

• Equality Act 2010: Adds provisions prohibiting sex discrimination in arbitration services, clarifying that this includes biased treatment of evidence based on gender and assumptions about property rights. It also mandates steps to address disadvantages faced by those in religiously-sanctioned marriages or polygamous households, including informing individuals of potential legal vulnerabilities.
• Arbitration Act 1996: Prohibits discriminatory terms in arbitration agreements, specifically those based on sex. It also excludes criminal and family law matters from arbitration.
• Family Law Act 1996: Allows courts to set aside orders based on mediation or negotiated agreements if one party's consent wasn't genuine, considering factors like duress or lack of legal rights information.
• Criminal Justice and Public Order Act 1994: Extends protection against intimidation to victims of domestic abuse assisting in investigations or court proceedings.
• Courts and Legal Services Act 1990: Creates a new offence of falsely claiming legal jurisdiction or making binding rulings outside the proper legal framework, punishable by up to 5 years imprisonment or a fine.

Government Spending

The bill doesn't directly specify government spending figures. The impact on government spending is likely indirect, potentially including costs associated with implementing the new provisions and handling additional court cases resulting from challenges to agreements or prosecutions under the new offence.

Groups Affected

Groups potentially affected include:

• Women involved in arbitration or mediation: The bill aims to protect them from gender bias.
• Individuals in religiously sanctioned marriages or polygamous households: The bill seeks to inform them of their legal rights and vulnerabilities.
• Victims of domestic abuse: The bill enhances their protection from intimidation.
• Arbitration and mediation providers: They must comply with the new equality provisions.
• Individuals falsely claiming legal jurisdiction: They face criminal prosecution.
• Parties to negotiated agreements: The bill provides greater opportunity to challenge agreements based on lack of genuine consent.

Powered by nyModel