Section 2(2).
1The modifications referred to in section 2 are as follows.
Commencement Information
I1Sch. 2 wholly in force at 30.5.1996; Sch. 2 not in force at Royal Assent see s. 70(3); Sch. 2 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 2 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)
2References in Parts II [F1to 4] to a disabled person are to be read as references to a person who has had a disability.
Extent Information
E1This version of this provision extends to England and Wales and Scotland. A separate version has been created for Northern Ireland only.
Textual Amendments
F1Sch. 2 para. 2: words “to 4” substituted for words “and III” (E.W.S.) (1.9.2002) by 2001 c. 10, s. 38(11) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I
Commencement Information
I2Sch. 2 wholly in force at 30.5.1996; Sch. 2 not in force at Royal Assent see s. 70(3); Sch. 2 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 2 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)
2References in Parts II and III [F14and Part III of the 2005 Order] to a disabled person are to be read as references to a person who has had a disability.
Extent Information
E4This version of this provision extends to Northern Ireland only. A separate version has been created for England and Wales and Scotland only
Textual Amendments
F14Words in Sch. 2 para. 2 inserted (N.I.) (1.9.2005 for certain purposes, otherwise 16.1.2007) by The Special Educational Needs and Disability (Northern Ireland) Order (S.I. 2005/1117 (N.I. 6)), arts. 1, {48(9)}; S.R. 2005/336, art. 2, Sch. (as amended (16.1.2007) by S.R. 2007/25, art. 2); S.R. 2005/337, art. 2, Sch.
Commencement Information
I6Sch. 2 wholly in force at 30.5.1996; Sch. 2 not in force at Royal Assent see s. 70(3); Sch. 2 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 2 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)
[F22AU.K.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.]
Textual Amendments
F2Sch. 2 paras. 2A, 2B inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 38(12) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I
[F152AN.I.In section 3A(5), after “not having that particular disability” insert “ and who has not had that particular disability ”.]
Extent Information
E5This provision extends to Northern Ireland only; a separate Sch. 2 para. 2A for England, Wales and Scotland only repealed (1.10.2010).
Textual Amendments
F15Sch. 2 para. 2A inserted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004 ) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), {regs. 1(2)(3), 28(1)(a)}
F32BReferences in Chapter 2 of Part 4 to a disabled student are to be read as references to a student who has had a disability.
Textual Amendments
F3Sch. 2 paras. 2A, 2B inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 38(12) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I
2CIn section 3A(5), after “not having that particular disability” insert “ and who has not had that particular disability ”.
[F43In sections 4A(1), 4B(4), 4E(1), [F54H(1),] 6B(1), 7B(1), 7D(1), 14(1), 14B(1), 14D(1) and 16A(4), section 21A(4)(a) (in the words to be read as section 19(1)(aa)) and section 21A(6)(a) (in the words to be substituted in section 21(1)), after “not disabled” (in each place it occurs) insert “ and who have not had a disability ”.]
Extent Information
E2This version of this provision extends to England, Wales and Scotland; a separate version has been created for Northern Ireland.
Textual Amendments
F4Sch. 2 para. 3 substituted (E.W.S.) (3.7.2003 for certain purposes and otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 29(1)(b)
F5Words in Sch. 2 para. 3 inserted (E.W.S) (1.12.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Pensions) Regulations 2003 (S.I. 2003/2770), regs. 1(2)(3), 4(4)(a)
Commencement Information
I3Sch. 2 wholly in force at 30.5.1996; Sch. 2 not in force at Royal Assent see s. 70(3); Sch. 2 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 2 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)
3In section 6(1), after “not disabled” insert “ and who have not had a disability ”.
Commencement Information
I3Sch. 2 wholly in force at 30.5.1996; Sch. 2 not in force at Royal Assent see s. 70(3); Sch. 2 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 2 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)
[F163In sections 4A(1), 4B(4), 4E(1), 4H(1), 6B(1), 7B(1), 14(1), 14B(1), 14D(1) and 16A(4), section 21A(4)(a) (in the words to be read as section 19(1)(aa)) and section 21A(6)(a) (in the words to be substituted in section 21(1)), after “not disabled” (in each place it occurs) insert “ and who have not had a disability ”.]
Extent Information
E6This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland.
Textual Amendments
F16Sch. 2 para. 3 substituted (N.I.) (21.2.2004 for certain purposes and 1.10.2004 insofar as not yet in force) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) (S.R. 2004/55), {reg. 28(1)(b)}
Commencement Information
I3Sch. 2 wholly in force at 30.5.1996; Sch. 2 not in force at Royal Assent see s. 70(3); Sch. 2 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 2 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)
[F64In sections 4A(3)(b), 4E(3)(b), [F74H(3)(b),] 6B(3)(b), 7B(4)(b), 7D(3)(b), 14(3)(b), 14B(3)(b), 14D(3)(b) and 16A(6), for “has” (in each place it occurs) substitute “ has had ”.]
Extent Information
E3This version of this provision extends to England, Wales and Scotland; a separate version has been created for Northern Ireland.
Textual Amendments
F6Sch. 2 para. 4 substituted (E.W.S.) (3.7.2003 for certain purposes and otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 29(1)(c)
F7Words in Sch. 2 para. 4 substituted (E.W.S) (1.12.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Pensions) Regulations 2003 (S.I. 2003/2770), regs. 1(2)(3), 4(4)(b)
Commencement Information
I4Sch. 2 wholly in force at 30.5.1996; Sch. 2 not in force at Royal Assent see s. 70(3); Sch. 2 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 2 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)
4In section 6(6), for “has” substitute “ has had ”.
Commencement Information
I4Sch. 2 wholly in force at 30.5.1996; Sch. 2 not in force at Royal Assent see s. 70(3); Sch. 2 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 2 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)
[F174In sections 4A(3)(b), 4E(3)(b), 4H(3)(b), 6B(3)(b), 7B(3)(b), 14(3)(b), 14B(3)(b), 14D(3)(b) and 16A(6), for “has” (in each place it occurs) substitute “ has had ”.]
Extent Information
E7This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland.
Textual Amendments
F17Sch. 2 para. 4 substituted (N.I.) (21.2.2004 for certain purposes and otherwise 1.10.2004) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 28(1)(c)
Commencement Information
I4Sch. 2 wholly in force at 30.5.1996; Sch. 2 not in force at Royal Assent see s. 70(3); Sch. 2 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 2 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)
Valid from 04/12/2006
4ZAIn section 24(3)(e)(i) and (f)(i), after “having” insert “ had ”
Valid from 04/12/2006
4ZBIn sections 24D(2)(a) and 24J(3)(b), for “did not have” substitute “ had not had ”.
[F84AIn section 28B(3)(a) and (4), after “disabled” insert “or that he had had a disability”.]
Textual Amendments
F8Sch. 2 paras. 4A-4E inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 38(13) (with s. 43(13); S.I. 2002/2217, art. 3, Sch. 1 Pt. I
F94BIn section 28C(1), in paragraphs (a) and (b), after “not disabled” insert “and who have not had a disability”.
Textual Amendments
F9Sch. 2 paras. 4A-4E inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 38(13) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I
F104CIn section 28S(3)(a) and (4), after “disabled” insert “or that he had had a disability”.
Textual Amendments
F10Sch. 2 paras. 4A-4E inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 38(13) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I
F114DIn subsection (1) of section 28T, after “not disabled” insert “and who have not had a disability”.
Textual Amendments
F11Sch. 2 paras. 4A-4E inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 38(13) (with s. 43(13); S.I. 2002/2217, art. 3, Sch. 1 Pt. I
F124EIn that subsection as substituted by paragraphs 2 and 6 of Schedule 4C, after “not disabled” insert “and who have not had a disability”.
Textual Amendments
F12Sch. 2 paras. 4A-4E inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 39(13) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I
5For 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.”
Commencement Information
I5Sch. 2 wholly in force at 30.5.1996; Sch. 2 not in force at Royal Assent see s. 70(3); Sch. 2 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 2 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)
F136References 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.
Textual Amendments
F13Sch. 2 para. 6 substituted without change of text (10.8.2006 for certain purposes and 1.9.2006 insofar as not yet in force) by virtue of S.R. 2006/332, regs. 1(2)(3), 14
7References 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.
8In Article 15(3)(a) and (4) of the 2005 Order, after “disabled” insert “ or that he had had a disability ”.
9In Article 16(1) of the 2005 Order, in sub-paragraphs (a) and (b), after “not disabled” insert “ and who have not had a disability ”.
10In Article 29(3)(a) and (4) of the 2005 Order, after “disabled” insert “ or that he had had a disability ”.
11In 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 ”.
12In Article 35(8) of the 2005 Order after “not having that particular disability” insert “ and who has not had that particular disability ”.
13In Article 37(4)(b) of the 2005 Order for “has” substitute “ has had ”.