SCHEDULES
SCHEDULE 2 Past Disabilities
I11
The modifications referred to in section 2 are as follows.
I22
References in Parts II and III to a disabled person are to be read as references to a person who has had a disability.
2A
References in Chapter 1 of Part 4 to a disabled pupil are to be read as references to a pupil who has had a disability.
F72B
References in Chapter 2 of Part 4 to a disabled student are to be read as references to a student who has had a disability.
2C
In section 3A(5), after “not having that particular disability” insert “
and who has not had that particular disability
”
.
I33
In section 6(1), after “not disabled” insert “
and who have not had a disability
”
.
I44
In section 6(6), for “has” substitute “
has had
”
.
4ZA
In section 24(3)(e)(i) and (f)(i), after “having” insert “
had
”
4ZB
In sections 24D(2)(a) and 24J(3)(b), for “did not have” substitute “
had not had
”
.
F14A
In section 28B(3)(a) and (4), after “disabled” insert “or that he had had a disability”.
F24B
In section 28C(1), in paragraphs (a) and (b), after “not disabled” insert “and who have not had a disability”.
F34C
In section 28S(3)(a) and (4), after “disabled” insert “or that he had had a disability”.
F44D
In subsection (1) of section 28T, after “not disabled” insert “and who have not had a disability”.
F54E
In that subsection as substituted by paragraphs 2 and 6 of Schedule 4C, after “not disabled” insert “and who have not had a disability”.
I55
For paragraph 2(1) to (3) of Schedule 1, substitute—
1
The effect of an impairment is a long-term effect if it has lasted for at least 12 months.
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 recurs.
3
For the purposes of sub-paragraph (2), the recurrence of an effect shall be disregarded in prescribed circumstances.
F66
References in Chapter I of Part III of the 2005 Order to a disabled pupil are to be read as references to a pupil who has had a disability.
7
References in Chapter II of Part III of the 2005 Order to a disabled student are to be read as references to a student who has had a disability.
8
In Article 15(3)(a) and (4) of the 2005 Order, after “disabled” insert “
or that he had had a disability
”
.
9
In Article 16(1) of the 2005 Order, in sub-paragraphs (a) and (b), after “not disabled” insert “
and who have not had a disability
”
.
10
In Article 29(3)(a) and (4) of the 2005 Order, after “disabled” insert “
or that he had had a disability
”
.
11
In Articles 30(1)(a) and (b) and 37(1)(d), (2)(c) and (3) of the 2005 Order, after “not disabled” “
and who have not had a disability
”
.
12
In Article 35(8) of the 2005 Order after “not having that particular disability” insert “
and who has not had that particular disability
”
.
13
In Article 37(4)(b) of the 2005 Order for “has” substitute “
has had
”
.