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Schedules

Section 6

Schedule 1 Disability: supplementary provision

Part 1 Determination of disability

5Impairment

1 Regulations may make provision for a condition of a prescribed description
to be, or not to be, an impairment.

Long-term effects

2 (1) The effect of an impairment is long-term if—

(a) 10it has lasted for at least 12 months,

(b) it is likely to last for at least 12 months, or

(c) it is likely to last for the rest of the life of the person affected.

(2) If 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
15continuing to have that effect if that effect is likely to recur.

(3) For the purposes of sub-paragraph (2), the likelihood of an effect recurring
is to be disregarded in such circumstances as may be prescribed.

(4) Regulations may prescribe circumstances in which, despite sub-paragraph
(1), an effect is to be treated as being, or as not being, long-term.

20Severe disfigurement

3 (1) An impairment which consists of a severe disfigurement is to be treated as
having a substantial adverse effect on the ability of the person concerned to
carry out normal day-to-day activities.

(2) Regulations may provide that in prescribed circumstances a severe
25disfigurement is not to be treated as having that effect.

(3) The regulations may, in particular, make provision in relation to deliberately
acquired disfigurement.

Substantial adverse effects

4 Regulations may make provision for an effect of a prescribed description on
30the ability of a person to carry out normal day-to-day activities to be treated
as being, or as not being, a substantial adverse effect.

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Effect of medical treatment

5 (1) An impairment is to be treated as having a substantial adverse effect on the
ability of the person concerned to carry out normal day-to-day activities if—

(a) measures are being taken to treat or correct it, and

(b) 5but for that, it would be likely to have that effect.

(2) “Measures” includes, in particular, medical treatment and the use of a
prosthesis or other aid.

(3) Sub-paragraph (1) does not apply—

(a) in relation to the impairment of a person’s sight, to the extent that the
impairment is, in the person’s case, correctable by spectacles or
10contact lenses or in such other ways as may be prescribed;

(b) in relation to such other impairments as may be prescribed, in such
circumstances as are prescribed.

Certain medical conditions

6 (1) 15Cancer, HIV infection and multiple sclerosis are each a disability.

(2) HIV infection is infection by a virus capable of causing the Acquired
Immune Deficiency Syndrome.

Deemed disability

7 (1) 20Regulations may provide for persons of prescribed descriptions to be treated
as having disabilities.

(2) The regulations may prescribe circumstances in which a person who has a
disability is to be treated as no longer having the disability.

(3) This paragraph does not affect the other provisions of this Schedule.

Progressive conditions

8 (1) 25This paragraph applies to a person (P) if—

(a) P has a progressive condition,

(b) as a result of that condition P has an impairment which has (or had)
an effect on P’s ability to carry out normal day-to-day activities, but

(c) the effect is not (or was not) a substantial adverse effect.

(2) 30P is to be taken to have an impairment which has a substantial adverse effect
if the condition is likely to result in P having such an impairment.

(3) Regulations may make provision for a condition of a prescribed description
to be treated as being, or as not being, progressive.

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Past disabilities

9 (1) A question as to whether a person had a disability at a particular time (“the
relevant time”) is to be determined, for the purposes of section 6, as if the
provisions of, or made under, this Act in force when the act complained of
5was done had been in force at the relevant time.

(2) The relevant time may be a time before the coming into force of the provision
of this Act to which the question relates.

Part 2 Guidance

10Preliminary

10 This Part of this Schedule applies in relation to guidance referred to in
section 6(5).

Examples

11 The guidance may give examples of—

(a) 15effects which it would, or would not, be reasonable, in relation to
particular activities, to regard as substantial adverse effects;

(b) substantial adverse effects which it would, or would not, be
reasonable to regard as long-term.

Adjudicating bodies

12 (1) 20In determining whether a person is a disabled person, an adjudicating body
must take account of such guidance as it thinks is relevant.

(2) An adjudicating body is—

(a) a court;

(b) a tribunal;

(c) 25a person (other than a court or tribunal) who may decide a claim
relating to a contravention of Part 6 (education).

Representations

13 Before issuing the guidance, the Minister must—

(a) publish a draft of it;

(b) 30consider any representations made to the Minister about the draft;

(c) make such modifications as the Minister thinks appropriate in the
light of the representations.

Parliamentary procedure

14 (1) If the Minister decides to proceed with proposed guidance, a draft of it must
35be laid before Parliament.

(2) If, before the end of the 40-day period, either House resolves not to approve
the draft, the Minister must take no further steps in relation to the proposed
guidance.

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(3) If no such resolution is made before the end of that period, the Minister must
issue the guidance in the form of the draft.

(4) Sub-paragraph (2) does not prevent a new draft of proposed guidance being
laid before Parliament.

(5) 5The 40-day period—

(a) begins on the date on which the draft is laid before both Houses (or,
if laid before each House on a different date, on the later date);

(b) does not include a period during which Parliament is prorogued or
dissolved;

(c) 10does not include a period during which both Houses are adjourned
for more than 4 days.

In force

15 The guidance comes into force on the day appointed by order by the
Minister.

15Revision and revocation

16 (1) The Minister may—

(a) revise the whole or part of guidance and re-issue it;

(b) by order revoke guidance.

(2) A reference to guidance includes a reference to guidance which has been
20revised and re-issued.

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