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Effect of medical treatment |
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5 (1) | An impairment is to be treated as having a substantial adverse effect on the |
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ability of the person concerned to carry out normal day-to-day activities if— |
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(a) | measures are being taken to treat or correct it, and |
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(b) | but for that, it would be likely to have that effect. |
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(2) | “Measures” includes, in particular, medical treatment and the use of a |
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(3) | Sub-paragraph (1) does not apply— |
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(a) | in relation to the impairment of a person’s sight, to the extent that the |
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impairment is, in the person’s case, correctable by spectacles or |
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contact lenses or in such other ways as may be prescribed; |
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(b) | in relation to such other impairments as may be prescribed, in such |
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circumstances as are prescribed. |
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Certain medical conditions |
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6 (1) | Cancer, HIV infection and multiple sclerosis are each a disability. |
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(2) | HIV infection is infection by a virus capable of causing the Acquired |
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Immune Deficiency Syndrome. |
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7 (1) | Regulations may provide for persons of prescribed descriptions to be treated |
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(2) | The regulations may prescribe circumstances in which a person who has a |
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disability is to be treated as no longer having the disability. |
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(3) | This paragraph does not affect the other provisions of this Schedule. |
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8 (1) | This paragraph applies to a person (P) if— |
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(a) | P has a progressive condition, |
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(b) | as a result of that condition P has an impairment which has (or had) |
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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. |
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(2) | P is to be taken to have an impairment which has a substantial adverse effect |
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if the condition is likely to result in P having such an impairment. |
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(3) | Regulations may make provision for a condition of a prescribed description |
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to be treated as being, or as not being, progressive. |
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|
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9 (1) | A question as to whether a person had a disability at a particular time (“the |
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relevant time”) is to be determined, for the purposes of section 6, as if the |
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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. |
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10 | This Part of this Schedule applies in relation to guidance referred to in |
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11 | The guidance may give examples of— |
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(a) | effects which it would, or would not, be reasonable, in relation to |
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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. |
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12 (1) | In determining whether a person is a disabled person, an adjudicating body |
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must take account of such guidance as it thinks is relevant. |
| |
(2) | An adjudicating body is— |
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(c) | a person (other than a court or tribunal) who may decide a claim |
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relating to a contravention of Part 6 (education). |
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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. |
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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 |
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|
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Schedule 2: Services and public functions: reasonable adjustments |
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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 |
| |
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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. |
| |
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639. This Schedule replaces similar provisions in the Disability Discrimination Act 1995. |
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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 |
| |
| |
| |
(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 |
| |
| |
(c) | does not include a period during which both Houses are adjourned |
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15 | The guidance comes into force on the day appointed by order by the |
| |
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| |
| |
(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 |
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Services and public functions: reasonable adjustments |
| |
| |
1 | This Schedule applies where a duty to make reasonable adjustments is |
| |
imposed on A by this Part. |
| |
| |
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” |
| |
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“(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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|
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| |
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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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(5) | Being placed at a substantial disadvantage in relation to the exercise of a |
| |
| |
(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 |
| |
| |
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|
