SCHEDULES

SCHEDULE 2 Past Disabilities

Section 2(2).

I11

The modifications referred to in section 2 are as follows.

I6E22

References in Parts II F12to 4F13and 5A to a disabled person are to be read as references to a person who has had a disability.

I2E32

References in Parts II and IIIF1and Part III of the 2005 Order to a disabled person are to be read as references to a person who has had a disability.

F182A

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.

F11E12A

In section 3A(5), after “not having that particular disability” insert “ and who has not had that particular disability ”.

F192B

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 ”.

F14I3E43

In sections 4A(1), 4B(4), 4E(1), F154H(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 ”.

I33

In section 6(1), after “not disabled” insert “ and who have not had a disability ”.

F2I3E53

In 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 ”.

Annotations:
Extent Information
E5

This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland.

Amendments (Textual)
F2

Sch. 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)}

F16I4E64

In sections 4A(3)(b), 4E(3)(b), F174H(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 ”.

I44

In section 6(6), for “has” substitute “ has had ”.

F3I4E74

In 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 ”.

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 ”.

F44A

In section 28B(3)(a) and (4), after “disabled” insert “or that he had had a disability”.

F54B

In section 28C(1), in paragraphs (a) and (b), after “not disabled” insert “and who have not had a disability”.

F7F64C

In section 28S

a

in subsection (3)(a), after “disabled” insert “ or that he had had a disability ”,

b

in subsection (6)(a), after “who do not have” insert “ and have not had ”, and

c

in subsection (10), for “that particular disability” substitute “and who has not had that particular disability and

F84D

In F20subsections (1), (1A), (1B) (1C) and (1D) of section 28T, after “not disabled” insert “and who have not had a disability”.

F94E

In F21subsection (1) of that section as substituted by paragraphs 2 F229, 14 and 21 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.

F106

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 ”.