|
| |
|
211 | References to maternity leave, etc. |
| |
(1) | This section applies for the purpose of this Act. |
| |
(2) | A reference to a woman on maternity leave is a reference to a woman on— |
| |
(a) | compulsory maternity leave, |
| |
(b) | ordinary maternity leave, or |
| 5 |
(c) | additional maternity leave. |
| |
(3) | A reference to a woman on compulsory maternity leave is a reference to a |
| |
woman absent from work because she satisfies the conditions prescribed for |
| |
the purposes of section 72(1) of the Employment Rights Act 1996. |
| |
(4) | A reference to a woman on ordinary maternity leave is a reference to a woman |
| 10 |
absent from work because she is exercising the right to ordinary maternity |
| |
| |
(5) | A reference to the right to ordinary maternity leave is a reference to the right |
| |
conferred by section 71(1) of the Employment Rights Act 1996. |
| |
(6) | A reference to a woman on additional maternity leave is a reference to a |
| 15 |
woman absent from work because she is exercising the right to additional |
| |
| |
(7) | A reference to the right to additional maternity leave is a reference to the right |
| |
conferred by section 73(1) of the Employment Rights Act 1996. |
| |
(8) | “Additional maternity leave period” has the meaning given in section 73(2) of |
| 20 |
| |
212 | Index of defined expressions |
| |
Schedule 28 lists the places where expressions used in this Act are defined or |
| |
| |
| 25 |
| |
There is to be paid out of money provided by Parliament any increase |
| |
attributable to this Act in the expenses of a Minister of the Crown. |
| |
| |
(1) | The following provisions come into force on the day on which this Act is |
| 30 |
| |
(a) | section 185(2) (rail vehicles accessibility: compliance); |
| |
(b) | this Part (except sections 204 (information society services) and 209 |
| |
| |
(2) | Part 15 (family property) comes into force on such day as the Lord Chancellor |
| 35 |
| |
(3) | The other provisions of this Act come into force on such day as a Minister of |
| |
the Crown may by order appoint. |
| |
|
| |
|
| |
|
| |
| |
| |
Disability: supplementary provision |
| |
| |
Determination of disability |
| 5 |
| |
1 | Regulations may make provision for a condition of a prescribed description |
| |
to be, or not to be, an impairment. |
| |
| |
2 (1) | The effect of an impairment is long-term if— |
| 10 |
(a) | it 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 |
| 15 |
continuing 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. |
| 20 |
| |
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 |
| 25 |
disfigurement is not to be treated as having that effect. |
| |
(3) | The regulations may, in particular, make provision in relation to deliberately |
| |
| |
Substantial adverse effects |
| |
4 | Regulations may make provision for an effect of a prescribed description on |
| 30 |
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. |
| |
|
| |
|
| |
|
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. |
| 5 |
(2) | “Measures” includes, in particular, medical treatment and the use of a |
| |
| |
(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 |
| 10 |
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. |
| 15 |
(2) | HIV infection is infection by a virus capable of causing the Acquired |
| |
Immune Deficiency Syndrome. |
| |
| |
7 (1) | Regulations may provide for persons of prescribed descriptions to be treated |
| |
| 20 |
(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. |
| |
| |
8 (1) | This paragraph applies to a person (P) if— |
| 25 |
(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 |
| 30 |
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. |
| |
| |
9 (1) | A question as to whether a person had a disability at a particular time (“the |
| 35 |
relevant time”) is to be determined, for the purposes of section 6, as if the |
| |
provisions of, or made under, this Act were 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. |
| 40 |
|
| |
|
| |
|
| |
| |
| |
10 | This Part of this Schedule applies in relation to guidance referred to in |
| |
| 5 |
| |
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 |
| 10 |
reasonable to regard as long-term. |
| |
| |
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— |
| 15 |
| |
| |
(c) | a person (other than a court or tribunal) who may decide a claim |
| |
relating to a contravention of Part 6 (education). |
| |
| 20 |
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. |
| 25 |
| |
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 |
| 30 |
| |
(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 |
| |
| 35 |
| |
(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 |
| |
| |
| 5 |
15 | The guidance comes into force on the day appointed by order by the |
| |
| |
| |
| |
(a) | revise the whole or part of guidance and re-issue it; |
| 10 |
(b) | by order revoke guidance. |
| |
(2) | A reference to guidance includes a reference to guidance which has been |
| |
| |
| |
| |
Services and public functions: reasonable adjustments |
| 15 |
| |
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. |
| 20 |
(2) | For the purposes of this paragraph, the reference in section 20(3), (4) or (5) to |
| |
a disabled person is to disabled persons generally. |
| |
(3) | Section 20 has effect as if, in subsection (4), for “to avoid the disadvantage” |
| |
| |
“(a) | to avoid the disadvantage, or |
| 25 |
(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. |
| |
(5) | Being placed at a substantial disadvantage in relation to the exercise of a |
| 30 |
| |
(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 |
| 35 |
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 |
| 5 |
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. |
| 10 |
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 |
| 15 |
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 |
| 20 |
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 |
| 25 |
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), |
| 30 |
(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 |
| 35 |
tramway (within the meaning, in each case, of the Transport and |
| |
| |
| |
(h) | a vehicle deployed to transport the driver and passengers of a vehicle |
| |
that has broken down or is involved in an accident, or |
| 40 |
(i) | a vehicle deployed on a system using a mode of guided transport |
| |
(within the meaning of the Transport and Works Act 1992). |
| |
(4) | In so far as the second requirement requires A to adopt a reasonable |
| |
alternative method of providing the service to disabled persons, A may not, |
| |
for the purpose of complying with the requirement, rely on sub-paragraph |
| 45 |
(2)(b), (c) or (d) if the vehicle is within sub-paragraph (3)(h). |
| |
|
| |
|