SCHEDULES

SCHEDULE 2 Past Disabilities

Section 2(2).

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 ”.