House of Commons portcullis
House of Commons
Session 2008 - 09
Internet Publications
Other Bills before Parliament


Equality Bill (Volume II)



The Bill is divided into two volumes. Volume I contains the Clauses and Volume II

contains the Schedules to the Bill.



Equality Bill (Volume II)


Schedule 1   —   

Disability: supplementary provision

Part 1   —   

Determination of disability

Part 2   —   


Schedule 2   —   

Services and public functions: reasonable adjustments

Schedule 3   —   

Services and public functions: exceptions

Part 1   —   

Constitutional matters

Part 2   —   


Part 3   —   

Health and care

Part 4   —   


Part 5   —   


Part 6   —   

Separate and single services

Part 7   —   


Part 8   —   


Schedule 4   —   

Premises: reasonable adjustments

Schedule 5   —   

Premises: exceptions

Schedule 6   —   

Office-holders: excluded offices

Schedule 7   —   

Equality of terms: exceptions

Part 1   —   

Terms of work

Part 2   —   

Occupational pension schemes

Schedule 8   —   

Work: reasonable adjustments

Part 1   —   


Part 2   —   

Interested disabled person

Part 3   —   

Limitations on the duty

Schedule 9   —   

Work: exceptions

Part 1   —   

Occupational requirements

Part 2   —   

Exceptions relating to age

Part 3   —   

Other exceptions

Schedule 10   —   

Accessibility for disabled pupils

Schedule 11   —   

Schools: exceptions

Part 1   —   

Sex discrimination

Part 2   —   

Religious or belief-related discrimination

Part 3   —   

Disability discrimination



Equality Bill (Volume II)


Schedule 12   —   

Further and higher education exceptions

Part 1   —   

Single-sex institutions, etc.

Part 2   —   

Other exceptions

Schedule 13   —   

Education: reasonable adjustments

Schedule 14   —   

Educational charities and endowments

Schedule 15   —   

Associations: reasonable adjustments

Schedule 16   —   

Associations: exceptions

Schedule 17   —   

Disabled pupils: enforcement

Part 1   —   


Part 2   —   

Tribunals in England and Wales

Part 3   —   

Tribunals in Scotland

Part 4   —   

Admissions and exclusions

Schedule 18   —   

Public sector equality duty: exceptions

Schedule 19   —   

Public authorities

Part 1   —   

Public authorities: general

Part 2   —   

Public authorities: relevant Welsh authorities

Part 3   —   

Public authorities: relevant Scottish authorities

Schedule 20   —   

Rail vehicle accessibility: compliance

Schedule 21   —   

Reasonable adjustments: supplementary

Schedule 22   —   

Statutory provisions

Schedule 23   —   

General exceptions

Schedule 24   —   

Harmonisation exceptions

Schedule 25   —   

Information society services

Schedule 26   —   


Schedule 27   —   

Repeals and revocations

Part 1   —   


Part 2   —   


Schedule 28   —   

Index of defined expressions





Schedule 1: Disability: supplementary provision


634. Part 1 of this Schedule clarifies the definition of disability in clause 3 and provides a

number of regulation making powers to enable the definition to be amended at a later date if


635. Part 2 describes what can be included in guidance about the definition of disability

and prescribes adjudicating bodies which are obliged to take account of guidance, the role of

Ministers in developing and publishing guidance and the associated parliamentary procedures.


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

However, the Bill introduces one change by removing a requirement to consider a list of eight

capacities, such as mobility or speech, hearing or eyesight, when considering whether or not a

person is disabled. This change will make it easier for some people to demonstrate that they

meet the definition of a disabled person. It will assist those who currently find it difficult to

show that their impairment adversely affects their ability to carry out a normal day-to-day

activity which involves one of these capacities.


• A man with depression finds even the simplest of tasks or decisions difficult, for

example getting up in the morning and getting washed and dressed. He is also forgetful

and can’t plan ahead. Together, these amount to a “substantial adverse effect” on his

ability to carry out normal day-to-day activities. The man has experienced a number

of separate periods of this depression over a period of two years, which have been

diagnosed as part of an underlying mental health condition. The impairment is

therefore considered to be “long-term” and he is a disabled person for the purposes of

the Bill.



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



Schedule 1

Section 6


Disability: supplementary provision

Part 1

Determination of disability



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—


it has lasted for at least 12 months,


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


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


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

continuing to have that effect if that effect is likely to recur.


For the purposes of sub-paragraph (2), the likelihood of an effect recurring

is to be disregarded in such circumstances as may be prescribed.


Regulations may prescribe circumstances in which, despite sub-paragraph

(1), an effect is to be treated as being, or as not being, long-term.

Severe 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.


Regulations may provide that in prescribed circumstances a severe

disfigurement is not to be treated as having that effect.


The regulations may, in particular, make provision in relation to deliberately

acquired disfigurement.

Substantial adverse effects


Regulations may make provision for an effect of a prescribed description on

the 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.







previous section contents continue
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2009
Revised 24 April 2009