Arbitration and Mediation Services (Equality) Bill [HL]

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Arbitration and Mediation Services (Equality) Bill [HL]

Arbitration and Mediation Services (Equality) Bill [HL]
Part 1 — Amendments to the Equality Act 2010
1

A
Bill
To
Make further provision about arbitration and mediation services and the
application of equality legislation to such services; to make provision about
the protection of victims of domestic abuse; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
Amendments to the Equality Act 2010
1
Providing arbitration services
(1)
The Equality Act 2010 is amended as follows.
(2)
In section 29 (provision of services, etc) after subsection (10) insert—
5
“(11)
A person must not, in providing a service in relation to arbitration, do
anything that constitutes discrimination, harassment or victimisation
on grounds of sex.
(12)
For the purposes of subsection (11), discrimination on grounds of sex
includes but is not restricted to—
10
(a)
treating the evidence of a man as worth more than the evidence
of a woman, or vice versa,
(b)
proceeding on the assumption that the division of an estate
between male and female children on intestacy must be
unequal, or
15
(c)
proceeding on the assumption that a woman has fewer
property rights than a man, or vice versa.”
(3)
In section 142 (unenforceable terms) after subsection (5) insert—
“(6)
A reference in subsection (1) includes a term by which parties agree that
rules shall apply to one or more matters in so far as those rules
20

HL Bill 7
55/2

Arbitration and Mediation Services (Equality) Bill [HL]
Part 2 — Amendments to the Arbitration Act 1996
2

constitute, promote or provide for treatment of that or another person
that is of a description prohibited by this Act on grounds of sex.”
(4)
In section 149 (public sector equality duty) after subsection (3) insert—
“(3A)
The steps involved in removing or minimising disadvantages suffered
by persons who share a relevant protected characteristic that is
5
connected to that characteristic include steps to take account of the fact
that those who—
(a)
are married only according to certain religious practices and not
according to law, or
(b)
are in a polygamous household,
10

may be without legal protection.
(3B)
Steps under subsection (3A) should include but not necessarily be
restricted to—
(a)
informing individuals of the need to obtain an officially
recognised marriage in order to have legal protection, and
15
(b)
informing individuals that a polygamous household may be
without legal protection and a polygamous household may be
unlawful.”
(5)
In paragraph 3 of Schedule 3 (judicial functions) after sub-paragraph (2)
insert—
20
“(3)
For the avoidance of doubt, a reference in sub-paragraph (1) to a
judicial function does not include a reference to a person falling within
section 29(11).”
(6)
In paragraph 3 of Schedule 18 (judicial functions, etc.) after sub-paragraph (2)
insert—
25
“(3)
For the avoidance of doubt, a reference in sub-paragraph (1) to a
judicial function does not include a reference to a person falling within
section 29(11).”
2
Arbitration services: consequential amendments
The Schedule (consequential amendments) has effect.
30
Part 2
Amendments to the Arbitration Act 1996
3
Validity of arbitration
(1)
The Arbitration Act 1996 is amended as follows.
(2)
After section 6 (definition of arbitration agreement) insert—
35
“6A
Discriminatory terms of arbitration
No part of an arbitration agreement or process shall provide—
(a)
that the evidence of a man is worth more than the evidence of a
woman, or vice versa,
(b)
that the division of an estate between male and female children
40
on intestacy must be unequal,

Arbitration and Mediation Services (Equality) Bill [HL]
Part 3 — Amendment to the Family Law Act 1996
3

(c)
that women should have fewer property rights than men, or
vice versa, or
(d)
for any other term that constitutes discrimination on the
grounds of sex.”
4
Criminal and family law matters not arbitrable
5
(1)
The Arbitration Act 1996 is amended as follows.
(2)
After section 80 (notice and other requirements in connection with legal
proceedings) insert—
“80A
Criminal and family law matters not arbitrable
Any matter which is within the jurisdiction of the criminal or family
10
courts cannot be the subject of arbitration proceedings.”
Part 3
Amendment to the Family Law Act 1996
5
Court orders based on negotiated agreements
(1)
The Family Law Act 1996 is amended as follows.
15
(2)
After section 9 insert—
“9A
Court orders based on negotiated agreements
(1)
A court may issue a declaration setting aside any order based on a
mediation settlement agreement or other negotiated agreement if it
considers on evidence that one party’s consent was not genuine.
20
(2)
A court may make a declaration under subsection (1) on an application
being made to it by—
(a)
a party to the agreement;
(b)
a relevant third party.
(3)
An application may be made by any other person with the leave of the
25
court.
(4)
In deciding whether to grant leave, the court must have regard to all the
circumstances, including—
(a)
the applicant’s connection with the party,
(b)
the applicant’s knowledge of the circumstances of the party,
30
and
(c)
the wishes and feelings of the party so far as they are reasonably
ascertainable and so far as the court considers it appropriate, in
the light of the person’s age and understanding, to have regard
to them.
35
(5)
In assessing the genuineness of a party’s consent, the court should have
particular regard to whether or not—
(a)
all parties were informed of their legal rights, including
alternatives to mediation or any other negotiation process used,
and
40

Arbitration and Mediation Services (Equality) Bill [HL]
Part 5 — Amendment to the Courts and Legal Services Act 1990
4

(b)
any party was manipulated or put under duress, including
through psychological coercion, to induce participation in the
mediation or negotiation process.
(6)
For the purposes of this section “negotiated agreement” means an
agreement which has been reached as the result of any form of
5
negotiation, other than mediation, and “negotiation process” is to be
construed accordingly.
(7)
For the purposes of this section, “relevant third party” means a person
specified, or falling within a description of persons specified, by order
of the Secretary of State.
10
(8)
An order of the Secretary of State under subsection (7) may, in
particular, specify local authorities as defined by Article 2 of the Family
Law Act 1996 (Forced Marriage) (Relevant Third Party) Order 2009.”
Part 4
Amendment to the Criminal Justice and Public Order Act 1994
15
6
Intimidation of domestic abuse victims
(1)
The Criminal Justice and Public Order Act 1994 is amended as follows.
(2)
In section 51 (intimidation, etc, of witnesses, jurors and others), after subsection
(10) insert—
“(10A)
This section applies where the victim of a domestic abuse offence is
20
assisting in the investigation of that offence or is a witness or potential
witness in proceedings for that offence.”
Part 5
Amendment to the Courts and Legal Services Act 1990
7
Falsely claiming legal jurisdiction
25
(1)
The Courts and Legal Services Act 1990 is amended as follows.
(2)
After section 118 (functions of Treasury) insert—
“118A
Falsely claiming legal jurisdiction
(1)
A person is guilty of an offence if that person—
(a)
purports to determine in arbitration proceedings a matter
30
excluded by section 80A of the Arbitration Act 1996, or
(b)
falsely purports to exercise any of the powers or duties of a
court to make legally binding rulings.
(2)
A person guilty of an offence under this section is liable—
(a)
on conviction on indictment, to imprisonment for a term not
35
exceeding 5 years, or a fine, or both, or
(b)
on summary conviction, to imprisonment for a term not
exceeding 6 months, or a fine not exceeding the statutory
maximum, or both.”

Arbitration and Mediation Services (Equality) Bill [HL]
Part 6 — General
5

Part 6
General
8
Extent, commencement and short title
(1)
This Act extends to England and Wales only.
(2)
This Act comes into force on such day as the Secretary of State may by order
5
appoint.
(3)
This Act may be cited as the Arbitration and Mediation Services (Equality) Act
2012.