SCHEDULES

SCHEDULE 2 Past Disabilities

Section 2(2).

I11

The modifications referred to in section 2 are as follows.

I6E42

References in Parts II F24to 4F25and 5A to a disabled person are to be read as references to a person who has had a disability.

I2E52

References in Parts II F1, III and VAF2and Part III of the 2005 Order to a disabled person are to be read as references to a person who has had a disability.

F342A

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.

F21E12A

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

F352B

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 F39sections 3A(5) and 31AB(8), after “not having that particular disability” insert “ and who has not had that particular disability ”.

F26I3E63

In sections 4A(1), 4B(4), 4E(1), F274H(1), 6B(1), 7B(1), 7D(1), 14(1), 14B(1), 14D(1) F28, 15C(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)) F29and section 31AD(1)(d), (2)(c) and (3), 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 ”.

F3I3E73

In sections 4A(1), 4B(4), 4E(1), 4H(1), 6B(1), 7B(1), 14(1), 14B(1), 14D(1) F4, 15C(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 ”.

F30I4E84

In sections 4A(3)(b), 4E(3)(b), F314H(3)(b), 6B(3)(b), 7B(4)(b), 7D(3)(b), 14(3)(b), 14B(3)(b), 14D(3)(b) F32, 15C(3)(a)F33, 16A(6) and 31AD(4)(b), for “has” (in each place it occurs) substitute “ has had ”.

I44

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

F5I4E94

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) F6, 15C(3)(a) 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 ”.

F74A

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

F22E24A

In section 24(3)(e)(i) and (f)(i), after “having” insert had.

F84B

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

F22E34B

In sections 24D(2)(a) and 24J(3)(b), for “did not have” substitute had not had.

Annotations:
Extent Information
E3

This provision extends to Northern Ireland only; a separate Sch. 2 para. 4B for England, Wales and Scotland only repealed (1.10.2010).

F10F94C

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

F114D

In F36subsections (1), (1A), (1B) (1C) and (1D) of section 28T, after “not disabled” insert “and who have not had a disability”.

F124E

In F37subsection (1) of that section as substituted by paragraphs 2 F389, 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.

F23F136

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.

F147

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.

F158

In Article 15(3)(a) and (4) of the 2005 Order, after “disabled” insert “ or that he had had a disability ”.

F169

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 ”.

F1710

1

In Article 29 of the 2005 Order in paragraph (3)(a), after “disabled” insert “ or that he had had a disability ”;

2

in paragraph (6)(a) of that Article, after “who do not have” insert “ and have not had ”; and

3

in paragraph (10) of that Article, for “that particular disability” substitute “ and who has not had that particular disability and ”.

F1811

In Articles 30(1)(c), (1A)(d), (1B)(c), (1C) and (1D) and 37(1)(d), 2(c) and (3) of the 2005 Order, after “not disabled” insert “ and who have not had a disability ”.

F1912

In Article 35(8) of the 2005 Order after “not having that particular disability” insert “ and who has not had that particular disability ”.

F2013

In Article 37(4)(b) of the 2005 Order for “has” substitute “ has had ”.