SCHEDULES

Section 2(2).

SCHEDULE 2U.K. Past Disabilities

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][F2and 5A] 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 [F19and 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

F19Words 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)

[F32AU.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

[F202AN.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E5This provision extends to Northern Ireland only; a separate Sch. 2 para. 2A for England, Wales and Scotland only repealed (1.10.2010).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

F20Sch. 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)}

F42BReferences 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

2CIn section 3A(5), after “not having that particular disability” insert “ and who has not had that particular disability ”.

[F53In sections 4A(1), 4B(4), 4E(1), [F64H(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

F5Sch. 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)

F6Words 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)

[F213In 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

F21Sch. 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)

[F74In sections 4A(3)(b), 4E(3)(b), [F84H(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

F7Sch. 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)

F8Words 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)

[F224In 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

F22Sch. 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 ”.

[F94AIn section 28B(3)(a) and (4), after “disabled” insert “or that he had 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

F104BIn section 28C(1), in paragraphs (a) and (b), after “not disabled” insert “and who have not had a disability”.

Textual Amendments

[F11F124CIn 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]

Textual Amendments

F134DIn [F14subsections (1), (1A), (1B) (1C) and (1D)] of section 28T, after “not disabled” insert “and who have not had a disability”.

Textual Amendments

F13Sch. 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

F154EIn [F16subsection (1) of that section] as substituted by paragraphs 2 [F179, 14 and 21] of Schedule 4C, after “not disabled” insert “and who have not had a disability”.

Textual Amendments

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)

F186References 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

F18Sch. 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 ”.