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Schedule 1 — Disability: supplementary provision
Part 1 — Determination of disability

 
 

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)   

but 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

contact 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)  

Cancer, 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)  

Regulations 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)  

This 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)  

P 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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EXPLANATORY NOTES

 
 

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Schedule 1 — Disability: supplementary provision
Part 2 — Guidance

 
 

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

was 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

Preliminary

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)   

effects 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)  

In 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)   

a 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)   

consider 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

be 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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Schedule 1 — Disability: supplementary provision
Part 2 — Guidance

 
 

Schedule 2: Services and public functions: reasonable adjustments

Effect

637. This Schedule explains how the duty to make reasonable adjustments in clause 19

applies to a service provider or person exercising a public function where a disabled person is

placed at a substantial disadvantage. It includes definitions of “substantial disadvantage” and

“physical features” and stipulates that the duty does not require fundamental changes to the

nature of the service.

638. This Schedule also explains how the duty to make reasonable adjustments in clause 19

applies to operators of transport vehicles. It specifies that the duty applies in different ways to

different types of vehicle. It provides that a transport service provider is not required to make

adjustments to the physical features of vehicles or to whether vehicles are provided, except in

specified circumstances. It provides a power to make regulations to allow further amendments

to be made to this paragraph in the future.

Background

639. This Schedule replaces similar provisions in the Disability Discrimination Act 1995.

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Schedule 2 — Services and public functions: reasonable adjustments

 
 

      (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)  

The 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)   

does 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.

Revision 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

revised and re-issued.

Schedule 2

Section 29

 

Services and public functions: reasonable adjustments

Preliminary

1          

This Schedule applies where a duty to make reasonable adjustments is

imposed on A by this Part.

The duty

2     (1)  

A must comply with the first, second and third requirements.

      (2)  

For the purposes of this paragraph, the reference in section 19(3), (4) or (5) to

a disabled person is to disabled persons generally.

      (3)  

Section 19 has effect as if, in subsection (4), for “to avoid the disadvantage”

there were substituted—

“(a)   

to avoid the disadvantage, or

(b)   

to adopt a reasonable alternative method of providing the

service or exercising the function.”

      (4)  

In relation to each requirement, the relevant matter is the provision of the

service, or the exercise of the function, by A.

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Schedule 2 — Services and public functions: reasonable adjustments

 
 

Examples

The manager of a large shop in a national chain installs a ramp, automatic entry doors, hearing

induction loops and waives the “no dogs policy” in respect of assistance dogs, to comply with

the duty to make reasonable adjustments.

• A police officer is carrying out a public function when interviewing a witness who is

deaf. Arranging a British Sign Language / English interpreter for the interview might

be a reasonable adjustment to make.

640. It might be a reasonable adjustment for a rail service provider to arrange an alternative

catering service for disabled people who cannot get to the buffet or dining car, or to provide

assistance from staff where passengers have a sensory or physical impairment.

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Schedule 2 — Services and public functions: reasonable adjustments

 
 

      (5)  

Being placed at a substantial disadvantage in relation to the exercise of a

function means—

(a)   

if a benefit is or may be conferred in the exercise of the function,

being placed at a substantial disadvantage in relation to the

conferment of the benefit, or

(b)   

if a person is or may be subjected to a detriment in the exercise of the

function, suffering an unreasonably adverse experience when being

subjected to the detriment.

      (6)  

In relation to the second requirement, a physical feature includes a physical

feature brought by or on behalf of A, in the course of providing the service

or exercising the function, on to premises other than those that A occupies

(as well as including a physical feature in or on premises that A occupies).

      (7)  

If A is a service-provider, nothing in this paragraph requires A to take steps

which would fundamentally alter—

(a)   

the nature of the service;

(b)   

the nature of A’s trade or profession.

      (8)  

If A exercises a public function, nothing in this paragraph requires A to take

a step which A has no power to take.

Special provision about transport

3     (1)  

This paragraph applies where A is concerned with the provision of a service

which involves transporting people by land, air or water.

      (2)  

It is never reasonable for A to have to take a step which would—

(a)   

involve the alteration or removal of a physical feature of a vehicle

used in providing the service;

(b)   

affect whether vehicles are provided;

(c)   

affect what vehicles are provided;

(d)   

affect what happens in the vehicle while someone is travelling in it.

      (3)  

But, for the purpose of complying with the first or third requirement, A may

not rely on sub-paragraph (2)(b), (c) or (d) if the vehicle concerned is—

(a)   

a hire-vehicle designed and constructed for the carriage of

passengers, comprising more than 8 seats in addition to the driver’s

seat and having a maximum mass not exceeding 5 tonnes,

(b)   

a hire-vehicle designed and constructed for the carriage of goods and

having a maximum mass not exceeding 3.5 tonnes,

(c)   

a vehicle licensed under section 48 of the Local Government

(Miscellaneous Provisions) Act 1976 or section 7 of the Private Hire

Vehicles (London) Act 1998 (or under a provision of a local Act

corresponding to either of those provisions),

(d)   

a private hire car (within the meaning of section 23 of the Civic

Government (Scotland) Act 1982),

(e)   

a public service vehicle (within the meaning given by section 1 of the

Public Passenger Vehicles Act 1981),

(f)   

a vehicle built or adapted to carry passengers on a railway or

tramway (within the meaning, in each case, of the Transport and

Works Act 1992),

(g)   

a taxi,

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