Effect of medical treatment
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—
measures are being taken to treat or correct it, and
but for that, it would be likely to have that effect.
“Measures” includes, in particular, medical treatment and the use of a
Sub-paragraph (1) does not apply—
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;
in relation to such other impairments as may be prescribed, in such
circumstances as are prescribed.
Certain medical conditions
Cancer, HIV infection and multiple sclerosis are each a disability.
HIV infection is infection by a virus capable of causing the Acquired
Immune Deficiency Syndrome.
Regulations may provide for persons of prescribed descriptions to be treated
The regulations may prescribe circumstances in which a person who has a
disability is to be treated as no longer having the disability.
This paragraph does not affect the other provisions of this Schedule.
This paragraph applies to a person (P) if—
P has a progressive condition,
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
the effect is not (or was not) a substantial adverse effect.
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.
Regulations may make provision for a condition of a prescribed description
to be treated as being, or as not being, progressive.
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.
The relevant time may be a time before the coming into force of the provision
of this Act to which the question relates.
This Part of this Schedule applies in relation to guidance referred to in
The guidance may give examples of—
effects which it would, or would not, be reasonable, in relation to
particular activities, to regard as substantial adverse effects;
substantial adverse effects which it would, or would not, be
reasonable to regard as long-term.
In determining whether a person is a disabled person, an adjudicating body
must take account of such guidance as it thinks is relevant.
An adjudicating body is—
a person (other than a court or tribunal) who may decide a claim
relating to a contravention of Part 6 (education).
Before issuing the guidance, the Minister must—
publish a draft of it;
consider any representations made to the Minister about the draft;
make such modifications as the Minister thinks appropriate in the
light of the representations.
If the Minister decides to proceed with proposed guidance, a draft of it must
be laid before Parliament.
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
Schedule 2: Services and public functions: reasonable adjustments
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
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.
639. This Schedule replaces similar provisions in the Disability Discrimination Act 1995.
If no such resolution is made before the end of that period, the Minister must
issue the guidance in the form of the draft.
Sub-paragraph (2) does not prevent a new draft of proposed guidance being
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);
does not include a period during which Parliament is prorogued or
does not include a period during which both Houses are adjourned
The guidance comes into force on the day appointed by order by the
revise the whole or part of guidance and re-issue it;
by order revoke guidance.
A reference to guidance includes a reference to guidance which has been
Services and public functions: reasonable adjustments
This Schedule applies where a duty to make reasonable adjustments is
imposed on A by this Part.
A must comply with the first, second and third requirements.
For the purposes of this paragraph, the reference in section 19(3), (4) or (5) to
a disabled person is to disabled persons generally.
Section 19 has effect as if, in subsection (4), for “to avoid the disadvantage”
to avoid the disadvantage, or
to adopt a reasonable alternative method of providing the
service or exercising the function.”
In relation to each requirement, the relevant matter is the provision of the
service, or the exercise of the function, by A.
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.
Being placed at a substantial disadvantage in relation to the exercise of 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
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.
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).
If A is a service-provider, nothing in this paragraph requires A to take steps
which would fundamentally alter—
the nature of the service;
the nature of A’s trade or profession.
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
This paragraph applies where A is concerned with the provision of a service
which involves transporting people by land, air or water.
It is never reasonable for A to have to take a step which would—
involve the alteration or removal of a physical feature of a vehicle
used in providing the service;
affect whether vehicles are provided;
affect what vehicles are provided;
affect what happens in the vehicle while someone is travelling in it.
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 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,
a hire-vehicle designed and constructed for the carriage of goods and
having a maximum mass not exceeding 3.5 tonnes,
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),
a private hire car (within the meaning of section 23 of the Civic
Government (Scotland) Act 1982),
a public service vehicle (within the meaning given by section 1 of the
Public Passenger Vehicles Act 1981),
a vehicle built or adapted to carry passengers on a railway or
tramway (within the meaning, in each case, of the Transport and