Extent Information
E1In its application to Northern Ireland, this Schedule has effect subject to the modifications set out in Sch. 8; see s. 70(6)
Modifications etc. (not altering text)
C1S. 1, Sch. 1 applied (N.I.) (6.4.2005) by The Special Educational Needs and Disability (Northern Ireland) Order (S.I. 2005/1117 (N.I. 6)), {art. 2(3)}
2[F1(1)The effect of an impairment is a long-term effect if—U.K.
(a)it has lasted at least 12 months;
(b)the period for which it lasts is likely to be at least 12 months; or
(c)it is likely to last for the rest of the life of the person affected.
(2)Where an impairment ceases to have a substantial adverse effect on a person’s ability to carry out normal day-to-day activities, it is to be treated as continuing to have that effect if that effect is likely to recur.
(3)For the purposes of sub-paragraph (2), the likelihood of an effect recurring shall be disregarded in prescribed circumstances.
(4)Regulations may prescribe circumstances in which, for the purposes of this Act—
(a)an effect which would not otherwise be a long-term effect is to be treated as such an effect; or
(b)an effect which would otherwise be a long-term effect is to be treated as not being such an effect.]
Extent Information
E2Following the repeal of this Act for E.W.S. by the Equality Act 2010, this provision now extends to N.I. only.
Textual Amendments
F1Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)
Commencement Information
I1Sch. 1 para. 2 wholly in force at 30.5.1996; Sch. 1 para. 2 not in force at Royal Assent see s. 70(3); Sch. 1 para. 2 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 1 para. 2 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)