Overview

This bill aims to improve equality in arbitration and mediation services, enhance protection for domestic abuse victims, and clarify legal jurisdiction. It amends several existing Acts to address discriminatory practices and ensure fairer outcomes.

Description

The bill makes several key changes:

• Equality Act 2010 Amendments: Prohibits discrimination based on sex in arbitration services, specifically addressing biased treatment of evidence and assumptions about property rights. It also clarifies the public sector equality duty to consider individuals in marriages not legally recognized in the UK or those in polygamous households.
• Arbitration Act 1996 Amendments: Bans discriminatory terms in arbitration agreements, preventing clauses that favour one sex over another regarding evidence or property rights. It excludes criminal and family law matters from arbitration.
• Family Law Act 1996 Amendments: Allows courts to overturn orders based on mediation or negotiated agreements if one party's consent wasn't genuine, considering factors like coercion and lack of legal advice.
• Criminal Justice and Public Order Act 1994 Amendments: Extends the protection against intimidation to victims of domestic abuse assisting in investigations or acting as witnesses.
• Courts and Legal Services Act 1990 Amendments: Creates a new offence for falsely claiming legal jurisdiction in arbitration or making legally binding rulings without the authority to do so, punishable by up to 5 years imprisonment.

Government Spending

The bill's financial impact isn't explicitly stated in the provided text. The cost will likely depend on enforcement and potential legal challenges.

Groups Affected

The bill will affect various groups:

• Women: The bill seeks to protect them from gender bias in arbitration and mediation.
• Victims of domestic abuse: Enhanced protection against intimidation during investigations and legal proceedings.
• Individuals in unrecognized marriages or polygamous households: The bill aims to provide legal clarity and support for those who may lack legal protection.
• Arbitration providers and mediators: They must comply with new equality standards and restrictions on the types of cases they can handle.
• Courts: They will have increased responsibility in reviewing and potentially overturning agreements deemed unfair due to coercion or lack of genuine consent.
• Those who falsely claim legal jurisdiction: They face criminal prosecution under the new offense.

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