Storia della legislazione sulla mediazione in Inghilterra e Galles

Testo integrale delle 3 leggi storiche su mediazione e sistemi di composizione dei conflitti in Inghilterra e Galles, tratte dalla raccolta Sistemi di composizione delle controversie, vol. V di Carlo Alberto Calcagno. Vedi anche l'indice completo della storia della legislazione per paese e la legislazione internazionale vigente.

1. La legge di procedura della famiglia 2010 n. 2955. In vigore dal 6 aprile 2011.
2. La novella al Codice di Procedura civile n. 88 del 2011. In vigore dal 6 aprile 2011.
3. Legge n. 133 del 2011 sulla mediazione transfrontaliera. In vigore dal 20 maggio 2011.

1. La legge di procedura della famiglia 2010 n. 2955. In vigore dal 6 aprile 2011.

Fonte ufficiale: http://www.legislation.gov.uk/uksi/2010/2955/pdfs/uksi_20102955_en.pdf

(Extract)

PART 3

ALTERNATIVE DISPUTE RESOLUTION: THE COURT’S POWERS

Scope of this Part

3.1.—(1) This Part contains the court’s powers to encourage the parties to use alternative dispute resolution and to facilitate its use.

(2) The powers in this Part are subject to any powers given to the court by any other rule or practice direction or by any other enactment or any powers it may otherwise have.

Court’s duty to consider alternative dispute resolution

3.2. The court must consider, at every stage in proceedings, whether alternative dispute resolution is appropriate.

When the court will adjourn proceedings or a hearing in proceedings

3.3.—(1) If the court considers that alternative dispute resolution is appropriate, the court may direct that the proceedings, or a hearing in the proceedings, be adjourned for such specified period as it considers appropriate—

(a) to enable the parties to obtain information and advice about alternative dispute resolution; and

(b) where the parties agree, to enable alternative dispute resolution to take place.

(2) The court may give directions under this rule on an application or of its own initiative.

(3) Where the court directs an adjournment under this rule, it will give directions about the timing and method by which the parties must tell the court if any of the issues in the proceedings have been resolved.

(4) If the parties do not tell the court if any of the issues have been resolved as directed under paragraph (3), the court will give such directions as to the management of the case as it considers appropriate.

(5) The court or court officer will—

(a) record the making of an order under this rule; and

(b) arrange for a copy of the order to be served as soon as practicable on the parties.

(6) Where the court proposes to exercise its powers of its own initiative, the procedure set out in rule 4.3(2) to (6) applies.

(By rule 4.1(7), any direction given under this rule may be varied or revoked.)

PART 4

GENERAL CASE MANAGEMENT POWERS

The court’s general powers of management

4.1.—(1) In this Part, “statement of case” means the whole or part of, an application form or answer.

(2) The list of powers in this rule is in addition to any powers given to the court by any other rule or practice direction or by any other enactment or any powers it may otherwise have.

(3) Except where these rules provide otherwise, the court may—

(a) extend or shorten the time for compliance with any rule, practice direction or court order (even if an application for extension is made after the time for compliance has expired);

(b) make such order for disclosure and inspection, including specific disclosure of documents, as it thinks fit;

(d) require a party or a party’s legal representative to attend the court;

(e) hold a hearing and receive evidence by telephone or by using any other method of direct oral communication;

(f) direct that part of any proceedings be dealt with as separate proceedings;

(g) stay(GL) the whole or part of any proceedings or judgment either generally or until a specified date or event;

(h) consolidate proceedings;

(i) hear two or more applications on the same occasion;

(j) direct a separate hearing of any issue;

(k) decide the order in which issues are to be heard;

(l) exclude an issue from consideration;

(m) dismiss or give a decision on an application after a decision on a preliminary issue;

(n) direct any party to file and serve an estimate of costs; and

(o) take any other step or make any other order for the purpose of managing the case and furthering the overriding objective.

(Rule 21.1 explains what is meant by disclosure and inspection.)

(4) When the court makes an order, it may—

(a) make it subject to conditions, including a condition to pay a sum of money into court;

and

(b) specify the consequence of failure to comply with the order or a condition.

(5) Where the court gives directions it will take into account whether or not a party has complied with any relevant pre-action protocol(GL).

(6) A power of the court under these rules to make an order includes a power to vary or revoke the order.

(7) Any provision in these rules—

(a) requiring or permitting directions to be given by the court is to be taken as including provision for such directions to be varied or revoked; and (b) requiring or permitting a date to be set is to be taken as including provision for that date to be changed or cancelled.

(8) The court may not extend the period within which a section 89 order must be made.

Court officer’s power to refer to the court

4.2. Where a step is to be taken by a court officer—

(a) the court officer may consult the court before taking that step;

(b) the step may be taken by the court instead of the court officer.

Court’s power to make order of its own initiative

4.3.—(1) Except where an enactment provides otherwise, the court may exercise its powers on an application or of its own initiative.

(Part 18 sets out the procedure for making an application.)

(2) Where the court proposes to make an order of its own initiative—

(a) it may give any person likely to be affected by the order an opportunity to make representations; and

(b) where it does so it must specify the time by and the manner in which the representations must be made.

(3) Where the court proposes—

(a) to make an order of its own initiative; and

(b) to hold a hearing to decide whether to make the order, it must give each party likely to be affected by the order at least 5 days’ notice of the hearing.

(4) The court may make an order of its own initiative without hearing the parties or giving them an opportunity to make representations.

(5) Where the court has made an order under paragraph (4)—

(a) a party affected by the order may apply to have it set aside(GL), varied or stayed(GL); and

(b) the order must contain a statement of the right to make such an application.

(6) An application under paragraph (5)(a) must be made—

(a) within such period as may be specified by the court; or

(b) if the court does not specify a period, within 7 days beginning with the date on which the order was served on the party making the application.

(7) If the High Court or a county court of its own initiative strikes out a statement of case or dismisses an application (including an application for permission to appeal) and it considers that the application is totally without merit—

(a) the court’s order must record that fact; and

(b) the court must at the same time consider whether it is appropriate to make a civil restraint order.

PART 35

MEDIATION DIRECTIVE

Scope and Interpretation

35.1.—(1) This Part applies to mediated cross-border disputes that are subject to Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters (“the Mediation Directive”).

(2) In this Part—

“cross-border dispute” has the meaning given by article 2 of the Mediation Directive;

“mediation” has the meaning given by article 3(a) of the Mediation Directive;

“mediation administrator” means a person involved in the administration of the mediation process;

“mediation evidence” means evidence regarding information arising out of or in connection with a mediation process;

“mediator” has the meaning given by article 3(b) of the Mediation Directive; and “relevant dispute” means a cross-border dispute that is subject to the Mediation Directive.

Relevant disputes: applications for consent orders in respect of financial remedies

35.2.—(1) This rule applies in relation to proceedings for a financial remedy where the applicant, with the explicit consent of the respondent, wishes to make an application that the content of a written agreement resulting from mediation of a relevant dispute be made enforceable by being made the subject of a consent order.

(2) The court will not include in a consent order any matter which is contrary to the law of England and Wales or which is not enforceable under that law.

(3) The applicant must file two copies of a draft of the order in the terms sought.

(4) Subject to paragraph (5), the application must be supported by evidence of the explicit consent of the respondent.

(5) Where the respondent has written to the court consenting to the making of the order sought, the respondent is deemed to have given explicit consent to the order and paragraph (4) does not apply.

(6) Paragraphs (1)(b) and (2) to (6) of rule 9.26 apply to an application to which this rule applies.

Mediation evidence: disclosure and inspection

35.3.—(1) Where a party to proceedings seeks disclosure or inspection of mediation evidence that is in the control of a mediator or mediation administrator, that party must first obtain the court’s permission to seek the disclosure or inspection, by an application made in accordance with Part 18.

(2) The mediator or mediation administrator who has control of the mediation evidence must be named as a respondent to the application and must be served with a copy of the application notice.

(3) Evidence in support of the application must include evidence that—

(a) all parties to the mediation agree to the disclosure or inspection of the mediation evidence;

(b) disclosure or inspection of the mediation evidence is necessary for overriding considerations of public policy, in accordance with article 7(1)(a) of the Mediation Directive; or

(c) the disclosure of the content of an agreement resulting from mediation is necessary to implement or enforce that agreement.

(4) Where this rule applies, Parts 21 to 24 apply to the extent they are consistent with this rule.

Mediation evidence: witnesses and depositions

35.4.—(1) This rule applies where a party wishes to obtain mediation evidence from a mediator or mediation administrator by–

(a) a witness summons;

(b) cross-examination with permission of the court under rule 22.8 or 23.4;

(d) an order under rule 24.9 (enforcing attendance of witness);

(e) an order under rule 24.10(4) (deponent’s evidence to be given orally); or

(f) an order under rule 24.12 (order for the issue of a letter of request).

(2) When applying for a witness summons, permission under rule 22.8 or 23.4 or order under rule 24.7, 24.9, 24.10(4) or 24.12, the party must provide the court with evidence that-

(a) all parties to the mediation agree to the obtaining of the mediation evidence;

(b) obtaining the mediation evidence is necessary for overriding considerations of public policy in accordance with article 7(1)(a) of the Mediation Directive; or

(c) the disclosure of the content of an agreement resulting from mediation is necessary to implement or enforce that agreement.

(3) When considering a request for a witness summons, permission under rule 22.8 or 23.4 or order under rule 24.7, 24.9, 24.10(4) or 24.12, the court may invite any person, whether or not a party, to make representations.

(4) Where this rule applies, Parts 21 to 24 apply to the extent they are consistent with this rule.

2. La novella al Codice di Procedura civile n. 88 del 2011. In vigore dal 6 aprile 2011.

Fonte ufficiale: http://www.legislation.gov.uk/uksi/2011/88/pdfs/uksi_20110088_en.pdf

(Extract)

SCHEDULE 2 Rule 12(d)

“SECTION III

MEDIATION DIRECTIVE

Scope of this Section and interpretation

78.23.—(1) This Section applies to mediated cross-border disputes that are subject to Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters.

(2) In this Section–

“Mediation Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters. A copy of the Directive can be found at Annex 3;

“cross-border dispute” has the meaning given by article 2 of the Mediation Directive;

“mediation” has the meaning given by article 3(a) of the Mediation Directive;

“mediation administrator” means a person involved in the administration of the mediation process;

“mediation evidence” means evidence arising out of or in connection with a mediation process;

“mediation settlement” means the content of a written agreement resulting from mediation of a relevant dispute;

“mediation settlement agreement” means a written agreement resulting from mediation of a relevant dispute;

“mediation settlement enforcement order” means an order made under rule 78.24(5);

“mediator” has the meaning given by article 3(b) of the Mediation Directive; and

“relevant dispute” means a cross-border dispute that is subject to the Mediation Directive.

Making a mediation settlement enforceable (mediation settlement enforcement orders)

78.24.—(1) Where the parties, or one of them with the explicit consent of the others, wish to apply for a mediation settlement to be made enforceable, the parties or party may apply–

(a) where there are existing proceedings in England and Wales, by an application made in accordance with Part 23; or

(b) where there are no existing proceedings in England and Wales, by the Part 8 procedure as modified by this rule and Practice Direction 78 – European Procedures.

(2) Where rule 78.24(1)(b) applies, rules 8.3 to 8.8 will not apply.

(3) The mediation settlement agreement must be annexed to the application notice or claim form when it is filed.

(4) Except to the extent that paragraph (7) applies, the parties must file any evidence of explicit consent to the application under paragraph (1) when the parties file the application or claim form.

(5) Subject to paragraph (6), where an application is made under paragraph (1), the court will make an order making the mediation settlement enforceable.

(6) The court will not make an order under paragraph (5) unless the court has evidence that each of the parties to the mediation settlement agreement has given explicit consent to the application for the order.

(7) Where a party to the mediation settlement agreement—

(a) has agreed in the mediation settlement agreement that a mediation settlement enforcement order should be made in respect of that mediation settlement;

(b) is a party to the application under paragraph (1); or

(c) has written to the court consenting to the application for the mediation settlement enforcement order, that party is deemed to have given explicit consent to the application for the mediation settlement enforcement order.

(8) An application under paragraph (1) will be dealt with without a hearing, unless the court otherwise directs.

Mediation settlement enforcement orders: foreign currency

78.25.—(1) Where a person applies to enforce a mediation settlement enforcement order which is expressed in a foreign currency, the application must contain a certificate of the sterling equivalent of the sum remaining due under the order at the close of business on the day before the date of the application.

(Parts 70 to 74 contain further rules about enforcement.)

Mediation evidence: disclosure or inspection

78.26.—(1) Where a person seeks disclosure or inspection of mediation evidence that is in the control of a mediator or mediation administrator, that person must apply–

(a) where there are existing proceedings in England and Wales, by an application made in accordance with Part 23; and

(b) where there are no existing proceedings in England and Wales, by the Part 8 procedure.

(2) Where the application is made–

(a) under paragraph (1)(a), the mediator or mediation administrator who has control of the mediation evidence must be named as a respondent to the application and must be served with a copy of the application notice; and

(b) under paragraph (1)(b), the mediator or mediation administrator who has control of the mediation evidence must be made a party to the claim.

(3) Evidence in support of the application under paragraph (1)(a) or (1)(b) must include evidence that–

(a) all parties to the mediation agree to the disclosure or inspection of the mediation evidence;

(b) disclosure or inspection of the mediation evidence is necessary for overriding considerations of public policy, in accordance with article 7(1)(a) of the Mediation Directive; or

(c) disclosure or inspection of the mediation settlement is necessary to implement or enforce the mediation settlement agreement.

(4) This rule does not apply to proceedings in England and Wales that have been allocated to the small claims track.

(5) Where this rule applies, Parts 31 to 34 apply to the extent they are consistent with this rule.

Mediation evidence: witnesses and depositions

78.27.—(1) This rule applies where a party wishes to obtain mediation evidence from a mediator or mediation administrator by–

(a) a witness summons;

(b) cross-examination with permission of the court under rule 32.7 or 33.4;

(d) an order under rule 34.10 (enforcing attendance of witness);

(e) an order under rule 34.11(4) (deponent’s evidence to be given orally); or

(f) an order under rule 34.13(1A) (order for the issue of a letter of request).

(2) When applying for a witness summons, permission under rule 32.7 or 33.4 or an order under rule 34.8, 34.10, 34.11(4) or 34.13(1A), the party must provide the court with evidence that–

(a) all parties to the mediation agree to the obtaining of the mediation evidence;

(b) obtaining the mediation evidence is necessary for overriding considerations of public policy, in accordance with article 7(1)(a) of the Mediation Directive; or

(c) the disclosure or inspection of the mediation settlement is necessary to implement or enforce the mediation settlement agreement.

(3) When considering a request for a witness summons, permission under rule 32.7 or 33.4 or an order under rule 34.8, 34.10, 34.11(4) or 34.13(1A), the court may invite any person, whether or not a party, to make representations.

(4) This rule does not apply to proceedings in England and Wales that have been allocated to the small claims track.

(5) Where this rule applies, Parts 31 to 34 apply to the extent they are consistent with this rule.

Mediation evidence: small claims

78.28. Where a party wishes to rely on mediation evidence in proceedings that are allocated to the small claims track, that party must inform the court immediately.”

EXPLANATORY NOTE

(This note is not part of these Rules)

These Rules amend the Civil Procedure Rules 1998 in that they—

— amend Part 6 of the CPR (with consequential amendments in rules 10.5 and 16.5): (a) to allow for the address of a European Lawyer in an EEA state, or, for a litigant in person, the litigant’s normal residence or place of business in the United Kingdom or failing that any EEA state, to be provided as an address for service, and (b) to update references to Civil Procedure Conventions or Treaties which make provision for service of documents;

— insert a new Section VIII in Part 45 to provide for a scale of fixed costs to apply where HM Revenue and Customs officers are successful in a claim in a county court for the recovery of a sum payable to the Commissioners for Revenue and Customs;

— make provision enabling the transposition of article 6 (enforceability of agreements resulting from mediation) and article 7 (confidentiality of mediation) of Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters, by inserting a new section (Section III – Mediation Directive) into Part 78, together with consequential amendments in Parts 5, 7, 8, 31 and 32. The new Section III includes information on the scope of the section and interpretation (rule 78.23), rules in relation to article 6 of the Directive (rules 78.24 and 78.25) and rules in relation to article 7 (rules 78.26 to 78.28).

3. Legge n. 133 del 2011 sulla mediazione transfrontaliera. In vigore dal 20 maggio 2011.

Fonte ufficiale: http://www.legislation.gov.uk/uksi/2011/1133/pdfs/uksi_20111133_en.pdf

STATUTORY INSTRUMENTS

2011 No. 1133

MEDIATION

The Cross-Border Mediation (EU Directive) Regulations 2011

Made 18th April 2011

Laid before Parliament 27th April 2011

Coming into force 20th May 2011

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to mediation(a).

Accordingly, the Secretary of State makes the following Regulations in exercise of the powers conferred by that section.

PART 1

General

Citation, commencement, application and extent

1. These Regulations may be cited as the Cross-Border Mediation (EU Directive) Regulations

2011.

2. Subject to regulations 3 and 4, these Regulations come into force on 20 May 2011.

3. These Regulations apply only where a mediation in relation to a relevant dispute starts on or after 20 May 2011.

4. For the purposes of regulation 3, a mediation starts—

(a) except in relation to regulations 16 to 18, on the date of the agreement to mediate that is entered into by the parties and the mediator; and

(b) in relation to regulations 16 to 18, on the date mentioned in article 1(3) of the Cross-

Border Mediation (Scotland) Regulations 2011(b).

5. Part 1 of these Regulations, including this regulation, extends to the whole of the United

Kingdom.

6. Part 2 of these Regulations (Mediation Evidence) extends to England and Wales.

(a) 1972 c.68. Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1)(a) and the European Union (Amendment) Act 2008 (c.7) section 3(3), Schedule, Part 1. The Secretary of State is designated in relation to mediation by S.I. 2010/2690, article 2(1)(a).

(b) S.S.I. 2011/234.

7. The remaining Parts of these Regulations have the same extent as the provisions that they amend.

Interpretation

8. In these Regulations—

(a) “Mediation Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters(a);

(b) “cross-border dispute” has the meaning given by article 2 of the Mediation Directive;

(d) “mediation administrator” means a person involved in the administration of the mediation process;

(e) “mediation evidence” means evidence arising out of or in connection with a mediation process;

(f) “mediation settlement” means the content of a mediation settlement agreement;

(g) “mediation settlement agreement” means a written agreement resulting from mediation of a relevant dispute;

(h) “mediator” has the meaning given by article 3(b) of the Mediation Directive; and

(i) “relevant dispute” means a cross-border dispute that is subject to the Mediation Directive.

(a) O.J. L 136, 24.05.2008, p.3.

(b) 1832 c.71.

PART 2

Mediation Evidence

9. Subject to regulation 10, a mediator or a mediation administrator has the right to withhold mediation evidence in civil and commercial judicial proceedings and arbitration.

10. A court may order that a mediator or a mediation administrator must give or disclose mediation evidence where—

(a) all parties to the mediation agree to the giving or disclosure of the mediation evidence;

(b) the giving or disclosure of the mediation evidence is necessary for overriding considerations of public policy, in accordance with article 7(1)(a) of the Mediation

Directive; or

(c) the mediation evidence relates to the mediation settlement, and the giving or disclosure of the mediation settlement is necessary to implement or enforce the mediation settlement agreement.

PART 3

Extension of Time Limits in View of Mediation in Certain Cross-border Disputes -

Amendments to Primary Legislation

Amendments to the Prescription Act 1832

11. The Prescription Act 1832(b) is amended as follows.

12. After section 8, insert—

“Exclusion of time because of mediation in certain cross-border disputes

8A.—(1) In this section—

(a) “Mediation Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters;

(b) “mediation” has the meaning given by article 3(a) of the Mediation Directive;

(d) “relevant dispute” means a dispute to which article 8(1) of the Mediation Directive applies (certain cross-border disputes).

(2) Where a period is prescribed by this Act in relation to the subject of the whole or part of a relevant dispute, any time after the start of a mediation in relation to the relevant dispute is to be excluded in the computation of that period, but only if—

(a) the time when the period must end by virtue of section 4 falls before the mediation ends or less than eight weeks after it ends, or

(b) a further mediation in relation to the relevant dispute starts less than eight weeks after the previous mediation ends, and the time when the period must end by virtue of section 4 falls before the further mediation ends or less than eight weeks after it ends.

(3) Any time excluded under subsection (2) is also to be excluded in the computation of the second period of three years mentioned in section 8 (period within which claim is resisted).

(4) For the purposes of this section, a mediation starts on the date of the agreement to mediate that is entered into by the parties and the mediator.

(5) For the purposes of this section, a mediation ends on the date of the first of these to occur—

(a) the parties reach an agreement in resolution of the relevant dispute;

(b) a party completes the notification of the other parties that it has withdrawn from the mediation;

(c) a party to whom a qualifying request is made fails to give a response reaching the other parties within 14 days of the request;

(d) the parties, after being notified that the mediator’s appointment has ended (by death, resignation or otherwise), fail to agree within 14 days to seek to appoint a replacement mediator;

(e) the mediation otherwise comes to an end pursuant to the terms of the agreement to mediate.

(6) For the purpose of subsection (5), a qualifying request is a request by a party that another (A) confirm to all parties that A is continuing with the mediation.

(7) In the case of any relevant dispute, references in this section to a mediation are references to the mediation so far as it relates to that dispute, and references to a party are to be read accordingly.”

(a) 1970 c.41.

Amendments to the Equal Pay Act 1970

13.—(1) The Equal Pay Act 1970(a) is amended as follows.

(2) The amendments have effect until section 2ZA(a) of that Act (which is repealed by the Equality Act 2010(b)) ceases to have effect for all purposes.

14. In section 2ZA(qualifying date under section 2(4)) after subsection (7) insert—

“(8) Subsections (3) to (7) are subject to section 2ZAA.”.

15. After section 2ZA, insert—

“Extension of time limits because of mediation in certain cross-border disputes

2ZAA.—(1) In this section—

(a) “Mediation Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters,

(b) “mediation” has the meaning given by article 3(a) of the Mediation Directive,

(d) “relevant dispute” means a dispute to which article 8(1) of the Mediation Directive applies (certain cross-border disputes).

(2) Subsection (3) applies where—

(a) in relation to the whole or part of a relevant dispute, the qualifying date for instituting proceedings is determined in accordance with section 2ZA,

(b) a mediation in relation to the relevant dispute starts on or before the qualifying date, and

(c) if not extended by this section, the qualifying date would fall before the mediation ends or before the last day of the period of eight weeks after it ends.

(3) The qualifying date is instead the last day of that period (subject to paragraph (4)).

(4) If a qualifying date has been extended by this section, subsections (2) and (3) apply to the extended qualifying date as they apply to a qualifying date mentioned in subsection (2)(a).

(5) For the purposes of this section, a mediation starts on the date of the agreement to mediate that is entered into by the parties and the mediator.

(6) For the purposes of this section, a mediation ends on the date of the first of these to occur—

(a) the parties reach an agreement in resolution of the relevant dispute,

(b) a party completes the notification of the other parties that it has withdrawn from the mediation,

(c) a party to whom a qualifying request is made fails to give a response reaching the other parties within 14 days of the request,

(d) the parties, after being notified that the mediator’s appointment has ended (by death, resignation or otherwise), fail to agree within 14 days to seek to appoint a replacement mediator,

(e) the mediation otherwise comes to an end pursuant to the terms of the agreement to mediate.

(7) For the purpose of subsection (6), a qualifying request is a request by a party that another (A) confirm to all parties that A is continuing with the mediation.

(a) Section 2ZA was inserted by S.I. 2003/1656, regulation 4. The section was modified, in relation to an equal treatment rule, by the Occupational Pension Schemes (Equal Treatment) Regulations 1995, S.I. 1995/3138, reg 2(1)(a), (2) (as amended by S.I. 2005/1923, regulations 2, 4 and 5).

(b) 2010 c.15. The whole of the Equal Pay Act 1970 was repealed by the Equality Act 2010, s.211(2), Schedule 27, Part 1 (as amended by S.I. 2010/2279, articles 2, 13 and Schedule 2). This was subject to savings (see S.I. 2010/2317, articles 11(1), 15 and 16 and Schedule 3).

(8) In the case of any relevant dispute, references in this section to a mediation are references to the mediation so far as it relates to that dispute, and references to a party are to be read accordingly.”.

Amendments to the Prescription and Limitation (Scotland) Act 1973 Act

16. The Prescription and Limitation (Scotland) Act 1973(a) is amended in accordance with regulations 19 and 20.

17. In section 22A(b), after subsection (4) insert—

“(5) The prescriptive period calculated in relation to a relevant cross-border dispute for the purposes of this section is extended where the last day of the period would, apart from this subsection, fall—

(a) in the eight weeks after the date that a mediation in relation to the dispute ends;

(b) on the date that a mediation in relation to the dispute ends, or (c) after the date when all of the parties to the dispute agree to participate in a mediation in relation to the dispute but before the date that such mediation ends.

(6) Where subsection (5) applies, the prescriptive period is extended so that it expires on the date falling 8 weeks after the date on which the mediation ends.

(7) For the purposes of subsections (5) and (6), a mediation ends on the date that any of the following occurs—

(a) all of the parties reach an agreement in resolution of the dispute;

(b) all of the parties agree to end the mediation;

(i) a party informs all of the other parties of that party’s withdrawal,

(ii) in the case of a mediation involving 2 parties, 14 days expire after a request made by one party to the other party seeking confirmation of whether the other party has withdrawn, if the other party does not respond in that period, or

(iii) in the case of a mediation involving more than 2 parties, a party informs all of the remaining parties that the party received no response in the 14 days after that party’s request to another party seeking confirmation of whether the other party had withdrawn; or

(d) a period of 14 days expires after the date on which the mediator’s tenure ends (whether by reason of death, resignation or otherwise), if a replacement mediator has not been appointed.

(8) In this section—

“the Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21st May 2008 on certain aspects of mediation in civil and commercial matters;

“mediation” and “mediator” have the meanings given by Article 3 of the Directive; and

“relevant cross-border dispute” means a cross-border dispute within the meaning given by Article 2 of the Directive—

(a) which is about an obligation to which a prescriptive period applies by virtue of this section, and

(b) to which the Directive applies.”.

(a) 1973 c.52.

(b) Section 22A was inserted by the Consumer Protection Act 1987 (c.43) section 6(6) and Schedule 1, paragraph 10 and amended by the Arbitration (Scotland) Act 2010 (asp 1), section 23(5).

18. After section 22CA(a) insert—

“22CB. Extension of limitation periods for 1987 Act actions: mediation

(1) The limitation period calculated in relation to a relevant cross-border dispute for the purposes of section 22B(2) or 22C(2) is extended where the last day of the period would, apart from this subsection, fall—

(a) in the 8 weeks after the date that a mediation in relation to the dispute ends;

(b) on the date that a mediation in relation to the dispute ends; or

(c) after the date when all of the parties to the dispute agree to participate in a mediation in relation to the dispute but before the date that such mediation ends.

(2) Where subsection (1) applies, the limitation period is extended so that it expires on the date falling 8 weeks after the date on which the mediation ends.

(3) For the purposes of this section, a mediation ends on the date that any of the following occurs—

(a) all of the parties reach an agreement in resolution of the dispute;

(b) all of the parties agree to end the mediation;

(i) a party informs all of the other parties of that party’s withdrawal,

(d) a period of 14 days expires after the date on which the mediator’s tenure ends (whether by reason of death, resignation or otherwise), if a replacement mediator has not been appointed.

(4) In this section—

“the Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21st May 2008 on certain aspects of mediation in civil and commercial matters;

“mediation” and “mediator” have the meanings given by Article 3 of the Directive; and

“relevant cross-border dispute” means a cross-border dispute within the meaning given by Article 2 of the Directive—

(a) which is about a matter to which a limitation period applies by virtue of section 22B or 22C, and

(b) to which the Directive applies.”.

Amendments to the Sex Discrimination Act 1975

19.—(1) Part 7 of the Sex Discrimination Act 1975(b) is amended as follows.

(2) The amendments have effect until section 76 of that Act (which is repealed by the Equality Act 2010(c)) ceases to have effect for all purposes.

(a) Section 22CA was inserted by the Arbitration (Scotland) Act 2010 (asp 1), section 23(6)

(b) 1975 c.65.

(c) 2010 c.15. The Sex Discrimination Act 1975 was repealed by the Equality Act 2010, s.211(2), Schedule 27, Part 1 (as amended by S.I. 2010/2279, articles 2, 13 and Schedule 2). This was subject to savings (see S.I. 2010/2317, articles 11(1), 15 and 16, 18(1), 18(2) and Schedules 1, 3 and 5).

20. In section 76 (period within which proceedings to be brought), before subsection (5) insert—

“(4A) The time limits set by subsection (1) are subject to section 76ZA.”

21. After section 76, insert—

“Extension of time limits because of mediation in certain cross-border disputes 76ZA.—(1) In this section—

(a) “Mediation Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters,

(b) “mediation” has the meaning given by article 3(a) of the Mediation Directive,

(d) “relevant dispute” means a dispute to which article 8(1) of the Mediation Directive applies (certain cross-border disputes).

(2) Subsection (3) applies where—

(a) a period is allowed by section 76(1)(a)(a) for a complaint in relation to the whole or part of a relevant dispute,

(b) a mediation in relation to the relevant dispute starts before the period expires, and (c) if not extended by this section the period would expire before the mediation ends or less than four weeks after it ends.

(3) The period expires instead at the end of four weeks after the mediation ends (subject to subsection (4)).

(4) If a period mentioned in subsection (2)(a) has been extended by this section, subsections (2) and (3) apply to the extended period as they apply to a period mentioned in subsection (2)(a).

(5) Subsection (6) applies where—

(a) a period is allowed by section 76(2)(b) for a complaint or claim in relation to the whole or part of a relevant dispute,

(b) a mediation in relation to the relevant dispute starts before the period expires, and

(c) if not extended by this section, the period would expire before the mediation ends or less than eight weeks after it ends.

(6) The period expires instead at the end of eight weeks after the mediation ends (subject to subsection (7).

(7) If a period mentioned in subsection (5)(a) has been extended by this section, subsections (5) and (6) apply to the extended period as they apply to a period mentioned in subsection (5)(a).

(8) For the purposes of this section, a mediation starts on the date of the agreement to mediate that is entered into by the parties and the mediator.

(9) For the purposes of this section, a mediation ends on the date of the first of these to occur—

(a) the parties reach an agreement in resolution of the relevant dispute,

(b) a party completes the notification of the other parties that it has withdrawn from the mediation,

(c) a party to whom a qualifying request is made fails to give a response reaching the other parties within 14 days of the request,

(a) Section 76(1) was amended by the Employment Rights (Dispute Resolution) Act 1998 (c.8), section 1(2)(a) and the Armed Forces Act 1996 (c.46), section 21(6).

(b) Section 76(2) was amended by the Race Relations Act 1976 (c.74), section 79(4), Schedule 4, paragraph 8.

(d) the parties, after being notified that the mediator’s appointment has ended (by death, resignation or otherwise), fail to agree within 14 days to seek to appoint a replacement mediator,

(e) the mediation otherwise comes to an end pursuant to the terms of the agreement to mediate.

(10) For the purpose of subsection (9), a qualifying request is a request by a party that another (A) confirm to all parties that A is continuing with the mediation.

(11) In the case of any relevant dispute, references in this section to a mediation are references to the mediation so far as it relates to that dispute, and references to a party are to be read accordingly.”.

Amendments to the Limitation Act 1980

22. The Limitation Act 1980(a) is amended as follows.

23. In section 10(5) (special time limit for claiming contribution), after “32”, insert “, 33A”.

24. In section 12(3) (special time limit for actions under Fatal Accidents legislation), after “33”, insert “, 33A”.

25. In section 33(8)(b) (discretionary exclusion of time limit for actions in respect of personal injuries or death), for “preceding provisions of this Part of this Act”, substitute “provisions of this

Part of this Act other than this section”.

26. After section 33, insert—

“Mediation in certain cross-border disputes

Extension of time limits because of mediation in certain cross-border disputes

33A.—(1) In this section—

(a) “Mediation Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters,

(b) “mediation” has the meaning given by article 3(a) of the Mediation Directive,

(d) “relevant dispute” means a dispute to which article 8(1) of the Mediation Directive applies (certain cross-border disputes).

(2) Subsection (3) applies where—

(a) a time limit under this Act relates to the subject of the whole or part of a relevant dispute,

(b) a mediation in relation to the relevant dispute starts before the time limit expires, and

(c) if not extended by this section, the time limit would expire before the mediation ends or less than eight weeks after it ends.

(3) For the purposes of initiating judicial proceedings or arbitration, the time limit expires instead at the end of eight weeks after the mediation ends (subject to subsection (4)).

(4) If a time limit has been extended by this section, subsections (2) and (3) apply to the extended time limit as they apply to a time limit mentioned in subsection (2)(a).

(5) Where more than one time limit applies in relation to a relevant dispute, the extension by subsection (3) of one of those time limits does not affect the others.

(a) 1980, c.58.

(b) Section 33(8) was amended by the Consumer Protection Act 1987, section 6, Schedule 1, Part I, paragraph 6.

(6) For the purposes of this section, a mediation starts on the date of the agreement to mediate that is entered into by the parties and the mediator.

(7) For the purposes of this section, a mediation ends on the date of the first of these to occur—

(a) the parties reach an agreement in resolution of the relevant dispute,

(b) a party completes the notification of the other parties that it has withdrawn from the mediation,

(c) a party to whom a qualifying request is made fails to give a response reaching the other parties within 14 days of the request,

(d) after the parties are notified that the mediator’s appointment has ended (by death, resignation or otherwise), they fail to agree within 14 days to seek to appoint a replacement mediator,

(e) the mediation otherwise comes to an end pursuant to the terms of the agreement to mediate.

(8) For the purpose of subsection (7), a qualifying request is a request by a party that another (A) confirm to all parties that A is continuing with the mediation.

(9) In the case of any relevant dispute, references in this section to a mediation are references to the mediation so far as it relates to that dispute, and references to a party are to be read accordingly.”.

Amendments to the Foreign Limitation Periods Act 1984

27. —(1) The Foreign Limitation Periods Act 1984(a) is amended as follows.

28. In section 1(1)(a), after “proceedings” insert “, subject to section 1A”.

29. After section 1, insert—

“Extension of limitation periods because of mediation of certain cross-border disputes

1A.—(1) In this section—

(a) “Mediation Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters,

(b) “mediation” has the meaning given by article 3(a) of the Mediation Directive,

(d) “relevant dispute” means a dispute to which article 8(1) of the Mediation Directive applies (certain cross-border disputes).

(2) Subsection (3) applies where—

(a) a limitation period prescribed by any law applicable by virtue of section 1(1)(a) relates to the subject of the whole or part of a relevant dispute,

(b) a mediation in relation to the relevant dispute starts before the period expires, and (c) if not extended by this section, the period would expire before the mediation ends or less than eight weeks after it ends.

(3) For the purposes of initiating judicial proceedings or arbitration, the limitation period expires instead at the end of eight weeks after the mediation ends (subject to subsection (4)).

(a) 1984 c.16.

(4) If a limitation period has been extended by this section, subsections (2) and (3) apply to the extended limitation period as they apply to a limitation period mentioned in subsection (2)(a).

(5) For the purposes of this section, mediation starts on the date of the agreement to mediate that is entered into by the parties and the mediator.

(6) For the purposes of this section, a mediation ends on the date of the first of these to occur—

(a) the parties reach an agreement in resolution of the relevant dispute,

(b) a party completes the notification of the other parties that it has withdrawn from the mediation,

(c) a party to whom a qualifying request is made fails to give a response reaching the other parties within 14 days of the request,

(d) after the parties are notified that the mediator’s appointment has ended (by death, resignation or otherwise), they fail to agree within 14 days to seek to appoint a replacement mediator,

(e) the mediation otherwise comes to an end pursuant to the terms of the agreement to mediate.

(7) For the purpose of subsection (6), a qualifying request is a request by a party that another (A) confirm to all parties that A is continuing with the mediation.

(9) This section is without prejudice to any enactment which has effect for the purposes of provisions—

(a) relating to limitation or prescription periods and

(b) contained in an international agreement to which the United Kingdom is a party.”.

Amendments to the Employment Rights Act 1996

30. The Employment Rights Act 1996(a) is amended as follows.

31. In section 11 after subsection (4) insert—

“(5) Section 207A(3) (extension because of mediation in certain European cross-border disputes) applies for the purposes of subsection (4)(a).”.

32. In section 23 after subsection (3) insert—

“(3A) Section 207A(3) (extension because of mediation in certain European cross-border disputes) applies for the purposes of subsection (2).”

33. In section 34 after subsection (2) insert—

“(2A) Section 207A(3) (extension because of mediation in certain European cross-border disputes) applies for the purposes of subsection (2)(a).”.

34. In section 48 after subsection (4) insert—

“(4A) Section 207A(3) (extension because of mediation in certain European cross-border disputes) applies for the purposes of subsection (3)(a).”.

(a) 1996 c.18. The following sections were amended by the Employment Rights (Dispute Resolution) Act 1998 (c.8): Section 11(4); Section 34(2); Section 48(3); Section 51(2); Section 54(2); Section 57(2); Section 60(2); Section 70(2) and (5).

Section 57B(2) was inserted by the Employment Relations Act 1999 (c.26), section 8, Schedule 4, Part II. Section 63C was inserted by the Teaching and Higher Education Act 1998 (c.30), section 33. Section 63I was inserted by the Apprenticeships, Skills, Children and Learning Act 2009 (c.22), section 40(1) and (2). Section 80 was substituted by the Employment Relations Act 1999, section 7, Schedule 4, Part I. Section 80H was inserted by the Employment Act 2002, section 47(1) and (2).

35. In section 51 after subsection (2) insert—

“(2A) Section 207A(3) (extension because of mediation in certain European cross-border disputes) applies for the purposes of subsection (2)(a).”.

36. In section 54 after subsection (2) insert—

“(2A) Section 207A(3) (extension because of mediation in certain European cross-border disputes) applies for the purposes of subsection (2)(a).”.

37. In section 57 after subsection (2) insert—

“(2A) Section 207A(3) (extension because of mediation in certain European cross-border disputes) applies for the purposes of subsection (3)(a).”.

38. In section 57B after subsection (2) insert—

“(2A) Section 207A(3) (extension because of mediation in certain European cross-border disputes) applies for the purposes of subsection (2)(a).”.

39. In section 60 after subsection (2), insert—

“(2A) Section 207A(3) (extension because of mediation in certain European cross-border disputes) applies for the purposes of subsection (2)(a).”.

40. In section 63 after subsection (2), insert—

“(2A) Section 207A(3) (extension because of mediation in certain European cross-border disputes) applies for the purposes of subsection (2)(a).”.

41. In section 63C after subsection (2) insert—

“(2A) Section 207A(3) (extension because of mediation in certain European cross-border disputes) applies for the purposes of subsection (2)(a).”.

42. In section 63I after subsection (6) insert—

“(7) Section 207A(3) (extension because of mediation in certain European cross-border disputes) applies to subsection (5)(a).”.

43. In section 70 after subsection (7) insert—

“(8) Section 207A(3) (extension because of mediation in certain European cross-border disputes) applies for the purposes of subsections (2)(a) and (5)(a).”.

44. In section 80 after subsection (2) insert—

“(2A) Section 207A(3) (extension because of mediation in certain European cross-border disputes) applies for the purposes of subsection (2)(a).”.

45. In section 80H after subsection (6) insert—

“(7) Section 207A(3) (extension because of mediation in certain European cross-border disputes) applies for the purposes of subsection (5)(a).”.

46. In section 111 after subsection (2) insert—

“(2A) Section 207A(3) (extension because of mediation in certain European cross-border disputes) applies for the purposes of subsection (2)(a).”.

47. In section 164 after subsection (3), insert—

“(4) Subsections (1)(c) and (2)(a) are subject to section 207A (extension because of mediation in certain European cross-border disputes).”.

48. After section 207, insert—

(a) Section 164(1)(c) and (2) are subject to Employment Rights (Dispute Resolution) Act 1998, section 1(2)(a).

“Mediation in certain cross-border disputes

Extension of time limits because of mediation in certain cross-border disputes

207A.—(1) In this section—

(a) “Mediation Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters,

(b) “mediation” has the meaning given by article 3(a) of the Mediation Directive,

(d) “relevant dispute” means a dispute to which article 8(1) of the Mediation Directive applies (certain cross-border disputes).

(2) Subsection (3) applies where—

(a) this Act provides for that subsection to apply for the purposes of a provision of this Act,

(b) a time limit is set by that provision in relation to the whole or part of a relevant dispute,

(d) if not extended by this section, the time limit would expire before the mediation ends or less than four weeks after it ends.

(3) The time limit expires instead at the end of four weeks after the mediation ends (subject to subsection (4)).

(4) If a time limit mentioned in subsection (2)(b) has been extended by this section, subsections (2) and (3) apply to the extended time limit as they apply to a time limit mentioned in subsection (2)(b).

(5) Subsection (6) applies where—

(a) a time limit is set by section 164(1)(c) or

(2) in relation to the whole or part of a relevant dispute,

(b) a mediation in relation to the relevant dispute starts before the time limit expires, and

(c) if not extended by this section, the time limit would expire before the mediation ends or less than eight weeks after it ends.

(6) The time limit expires instead at the end of eight weeks after the mediation ends (subject to subsection (7)).

(7) If a time limit mentioned in subsection (5)(a) has been extended by this section, subsections (5) and (6) apply to the extended time limit as they apply to a time limit mentioned in subsection (5)(a).

(8) Where more than one time limit applies in relation to a relevant dispute, the extension by subsection (3) or (6) of one of those time limits does not affect the others.

(9) For the purposes of this section, a mediation starts on the date of the agreement to mediate that is entered into by the parties and the mediator.

(10) For the purposes of this section, a mediation ends on the date of the first of these to occur—

(a) the parties reach an agreement in resolution of the relevant dispute,

(b) a party completes the notification of the other parties that it has withdrawn from the mediation,

(c) a party to whom a qualifying request is made fails to give a response reaching the other parties within 14 days of the request,

(d) the parties, after being notified that the mediator’s appointment has ended (by death, resignation or otherwise), fail to agree within 14 days to seek to appoint a replacement mediator,

(e) the mediation otherwise comes to an end pursuant to the terms of the agreement to mediate.

(11) For the purpose of subsection (10), a qualifying request is a request by a party that another (A) confirm to all parties that A is continuing with the mediation.

(12) In the case of any relevant dispute, references in this section to a mediation are references to the mediation so far as it relates to that dispute, and references to a party are to be read accordingly.

(13) Where an employment tribunal has power under this Act to extend a time limit to which subsection (3) applies, the power is exercisable in relation to the time limit as extended by this section.”.

Amendments to the Land Registration Act 2002

49. Schedule 6 to the Land Registration Act 2002(a) is amended as follows.

50. In paragraph 1(1), at the beginning insert “Subject to paragraph 16,”.

51. In paragraph 1(2), at the beginning insert “Subject to paragraph 16,”.

52. After paragraph 6(1), insert—

“(1A) Sub-paragraph (1) is subject to paragraph 16,”.

53. After paragraph 15, insert—

“Extension of time limits because of mediation in certain cross-border disputes

16.—(1) In this paragraph—

(a) “Mediation Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters,

(b) “mediation” has the meaning given by article 3(a) of the Mediation Directive,

(d) “relevant dispute” means a dispute to which article 8(1) of the Mediation Directive applies (certain cross-border disputes).

(2) Sub-paragraph (3) applies where—

(a) a period of time is prescribed by paragraph 1(1), 1(2)(a) or 6(1) in relation to the whole or part of a relevant dispute,

(b) a mediation in relation to the relevant dispute starts before the period expires, and

(c) if not extended by this paragraph, the period would expire before the mediation ends or less than eight weeks after it ends.

(3) The period expires instead at the end of eight weeks after the mediation ends (subject to sub-paragraph (4)).

(4) If a period has been extended by this paragraph, sub-paragraphs (2) and (3) apply to the extended period as they apply to a period mentioned in sub-paragraph (2)(a).

(5) Where more than one period applies in relation to a relevant dispute, the extension by sub-paragraph (3) of one of those periods does not affect the others.

(a) 2002 c.9.

(6) For the purposes of this paragraph, a mediation starts on the date of the agreement to mediate that is entered into by the parties and the mediator.

(7) For the purposes of this paragraph, a mediation ends on date of the first of these to occur—

(a) the parties reach an agreement in resolution of the relevant dispute,

(b) a party completes the notification of the other parties that it has withdrawn from the mediation,

(c) a party to whom a qualifying request is made fails to give a response reaching the other parties within 14 days of the request,

(d) the parties, after being notified that the mediator’s appointment has ended (by death, resignation or otherwise), fail to agree within 14 days to seek to appoint a replacement mediator,

(e) the mediation otherwise comes to an end pursuant to the terms of the agreement to mediate.

(8) For the purpose of sub-paragraph (7), a qualifying request is a request by a party that another (A) confirm to all parties that A is continuing with the mediation.

(9) In the case of any relevant dispute, references in this paragraph to a mediation are references to the mediation so far as it relates to that dispute, and references to a party are to be read accordingly.”.

Amendments to the Equality Act 2010

54. Part 9 of the Equality Act 2010(a) is amended as follows.

55. In section 118(1), at the beginning insert “Subject to section 140A”.

56. In section 123(1), at the beginning insert “Subject to section 140A”.

57. In section 129(3), after “second column”, insert “, subject to section 140A”.

58. After section 140, insert—

“Extension of time limits because of mediation in certain cross-border disputes

140A.—(1) In this section—

(a) “Mediation Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters,

(b) “mediation” has the meaning given by article 3(a) of the Mediation Directive,

(d) “relevant dispute” means a dispute to which article 8(1) of the Mediation Directive applies (certain cross-border disputes).

(2) Subsection (3) applies where—

(a) a time limit is set by section 118(1)(a), 118(2) or 129(3) in relation to the whole or part of a relevant dispute,

(b) a mediation in relation to the relevant dispute starts before the time limit expires, and

(c) if not extended by this section, the time limit would expire before the mediation ends or less than eight weeks after it ends.

(a) 2010, c.15.

(3) The time limit expires instead at the end of eight weeks after the mediation ends (subject to subsection (4)).

(4) If a time limit mentioned in subsection (2)(a) has been extended by this section, subsections (2) and (3) apply to the extended time limit as they apply to a time limit mentioned in subsection (2)(a).

(5) Subsection (6) applies where—

(a) a time limit is set by section 123(1)(a) in relation to the whole or part of a relevant dispute,

(b) a mediation in relation to the relevant dispute starts before the time limit expires, and

(c) if not extended by this section the time limit would expire before the mediation ends or less than four weeks after it ends.

(6) The time limit expires instead at the end of four weeks after the mediation ends (subject to subsection (7)).