Overview

The Arbitration and Mediation Services (Equality) 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.

Description

This Bill makes significant changes to several key pieces of legislation:

• Equality Act 2010: Adds a clause prohibiting discrimination based on sex in arbitration services. This includes explicitly addressing bias in evidence evaluation and assumptions about property rights or inheritance based on gender. It also adds clarifications regarding the public sector equality duty, particularly concerning individuals in certain religious marriages or polygamous households.
• Arbitration Act 1996: Introduces provisions making discriminatory terms within arbitration agreements void. It specifically prohibits clauses favoring one gender's evidence or making assumptions about property division based on sex. It also states that criminal and family law matters cannot be arbitrated.
• Family Law Act 1996: Allows courts to set aside orders based on mediation or negotiated agreements if a party's consent wasn't genuine. This considers factors like whether all parties understood their legal rights and whether any coercion occurred.
• Criminal Justice and Public Order Act 1994: Extends protection to victims of domestic abuse who are assisting in investigations or are witnesses in proceedings.
• Courts and Legal Services Act 1990: Creates a new offense for falsely claiming legal jurisdiction, particularly in matters belonging to criminal or family courts. Penalties include up to 5 years imprisonment or a fine.

Government Spending

The Bill doesn't directly specify government spending figures. The costs will likely arise from implementing the new provisions, including potential increases in court workloads and enforcement activities. No specific figures are provided in the bill text.

Groups Affected

• Women: The Bill aims to protect women from gender bias in arbitration and mediation, particularly regarding property rights and evidence evaluation.
• Victims of Domestic Abuse: The Bill provides enhanced legal protections during investigations and court proceedings.
• Arbitration and Mediation Providers: They must comply with the new equality requirements and avoid discriminatory practices.
• Individuals in Religious Marriages or Polygamous Households: The Bill seeks to inform these groups of their potential lack of legal protection and encourages them to seek legally recognized arrangements.
• Legal Professionals: Need to be aware of the new offenses related to falsely claiming legal jurisdiction.
• The Judiciary: Increased workload due to applications to set aside agreements and prosecutions for falsely claiming legal jurisdiction.

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