Disability Discrimination Act 1995

Section 2(2).

SCHEDULE 2 U.K. Past Disabilities

1 The modifications referred to in section 2 are as follows.

Commencement Information

I1 Sch. 2 wholly in force at 30.5.1996; Sch. 2 not in force at Royal Assent see s. 70(3); Sch. 2 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 2 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)

2 References in Parts II [F1 to 4] to a disabled person are to be read as references to a person who has had a disability.

Extent Information

E1 This version of this provision extends to England and Wales and Scotland. A separate version has been created for Northern Ireland only.

Textual Amendments

F1 Sch. 2 para. 2: words “to 4” substituted for words “and III” (E.W.S.) (1.9.2002) by 2001 c. 10, s. 38(11) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

Commencement Information

I2 Sch. 2 wholly in force at 30.5.1996; Sch. 2 not in force at Royal Assent see s. 70(3); Sch. 2 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 2 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)

2 References in Parts II and III to a disabled person are to be read as references to a person who has had a disability.

Extent Information

E4 This version of this provision extends to Northern Ireland only. A separate version has been created for England and Wales and Scotland only

Commencement Information

I6 Sch. 2 wholly in force at 30.5.1996; Sch. 2 not in force at Royal Assent see s. 70(3); Sch. 2 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 2 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)

[F2 2A U.K. References in Chapter 1 of Part 4 to a disabled pupil are to be read as references to a pupil who has had a disability.]

Textual Amendments

F2 Sch. 2 paras. 2A, 2B inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 38(12) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

[F14 2A N.I. In section 3A(5), after “not having that particular disability” insert “ and who has not had that particular disability ”.]

Extent Information

E5 This provision extends to Northern Ireland only; a separate Sch. 2 para. 2A for England, Wales and Scotland only repealed (1.10.2010).

Textual Amendments

F14 Sch. 2 para. 2A inserted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004 ) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), {regs. 1(2)(3), 28(1)(a)}

F3 2B References in Chapter 2 of Part 4 to a disabled student are to be read as references to a student who has had a disability.

Textual Amendments

F3 Sch. 2 paras. 2A, 2B inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 38(12) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

2C In section 3A(5), after “not having that particular disability” insert “ and who has not had that particular disability ”.

[F4 3 In sections 4A(1), 4B(4), 4E(1), [F5 4H(1),] 6B(1), 7B(1), 7D(1), 14(1), 14B(1), 14D(1) and 16A(4), section 21A(4)(a) (in the words to be read as section 19(1)(aa)) and section 21A(6)(a) (in the words to be substituted in section 21(1)), after “not disabled” (in each place it occurs) insert “ and who have not had a disability ”.]

Extent Information

E2 This version of this provision extends to England, Wales and Scotland; a separate version has been created for Northern Ireland.

Textual Amendments

F4 Sch. 2 para. 3 substituted (E.W.S.) (3.7.2003 for certain purposes and otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 29(1)(b)

F5 Words in Sch. 2 para. 3 inserted (E.W.S) (1.12.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Pensions) Regulations 2003 (S.I. 2003/2770), regs. 1(2)(3), 4(4)(a)

Commencement Information

I3 Sch. 2 wholly in force at 30.5.1996; Sch. 2 not in force at Royal Assent see s. 70(3); Sch. 2 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 2 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)

3 In section 6(1), after “not disabled” insert “ and who have not had a disability ”.

Commencement Information

I3 Sch. 2 wholly in force at 30.5.1996; Sch. 2 not in force at Royal Assent see s. 70(3); Sch. 2 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 2 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)

[F15 3 In sections 4A(1), 4B(4), 4E(1), 4H(1), 6B(1), 7B(1), 14(1), 14B(1), 14D(1) and 16A(4), section 21A(4)(a) (in the words to be read as section 19(1)(aa)) and section 21A(6)(a) (in the words to be substituted in section 21(1)), after “not disabled” (in each place it occurs) insert “ and who have not had a disability ”.]

Extent Information

E6 This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland.

Textual Amendments

F15 Sch. 2 para. 3 substituted (N.I.) (21.2.2004 for certain purposes and 1.10.2004 insofar as not yet in force) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) (S.R. 2004/55), {reg. 28(1)(b)}

Commencement Information

I3 Sch. 2 wholly in force at 30.5.1996; Sch. 2 not in force at Royal Assent see s. 70(3); Sch. 2 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 2 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)

[F6 4 In sections 4A(3)(b), 4E(3)(b), [F7 4H(3)(b),] 6B(3)(b), 7B(4)(b), 7D(3)(b), 14(3)(b), 14B(3)(b), 14D(3)(b) and 16A(6), for “has” (in each place it occurs) substitute “ has had ”.]

Extent Information

E3 This version of this provision extends to England, Wales and Scotland; a separate version has been created for Northern Ireland.

Textual Amendments

F6 Sch. 2 para. 4 substituted (E.W.S.) (3.7.2003 for certain purposes and otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 29(1)(c)

F7 Words in Sch. 2 para. 4 substituted (E.W.S) (1.12.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Pensions) Regulations 2003 (S.I. 2003/2770), regs. 1(2)(3), 4(4)(b)

Commencement Information

I4 Sch. 2 wholly in force at 30.5.1996; Sch. 2 not in force at Royal Assent see s. 70(3); Sch. 2 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 2 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)

4 In section 6(6), for “has” substitute “ has had ”.

Commencement Information

I4 Sch. 2 wholly in force at 30.5.1996; Sch. 2 not in force at Royal Assent see s. 70(3); Sch. 2 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 2 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)

[F16 4 In sections 4A(3)(b), 4E(3)(b), 4H(3)(b), 6B(3)(b), 7B(3)(b), 14(3)(b), 14B(3)(b), 14D(3)(b) and 16A(6), for “has” (in each place it occurs) substitute “ has had ”.]

Extent Information

E7 This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland.

Textual Amendments

F16 Sch. 2 para. 4 substituted (N.I.) (21.2.2004 for certain purposes and otherwise 1.10.2004) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 28(1)(c)

Commencement Information

I4 Sch. 2 wholly in force at 30.5.1996; Sch. 2 not in force at Royal Assent see s. 70(3); Sch. 2 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 2 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)

Yn ddilys o 04/12/2006

4ZA In section 24(3)(e)(i) and (f)(i), after “having” insert “ had ”

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4ZB In sections 24D(2)(a) and 24J(3)(b), for “did not have” substitute “ had not had ”.

[F8 4A In section 28B(3)(a) and (4), after “disabled” insert “or that he had had a disability”.]

Textual Amendments

F8 Sch. 2 paras. 4A-4E inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 38(13) (with s. 43(13); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F9 4B In section 28C(1), in paragraphs (a) and (b), after “not disabled” insert “and who have not had a disability”.

Textual Amendments

F9 Sch. 2 paras. 4A-4E inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 38(13) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F10 4C In section 28S(3)(a) and (4), after “disabled” insert “or that he had had a disability”.

Textual Amendments

F10 Sch. 2 paras. 4A-4E inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 38(13) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F11 4D In subsection (1) of section 28T, after “not disabled” insert “and who have not had a disability”.

Textual Amendments

F11 Sch. 2 paras. 4A-4E inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 38(13) (with s. 43(13); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F12 4E In that subsection as substituted by paragraphs 2 and 6 of Schedule 4C, after “not disabled” insert “and who have not had a disability”.

Textual Amendments

F12 Sch. 2 paras. 4A-4E inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 39(13) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

5 For paragraph 2(1) to (3) of Schedule 1, substitute—

“(1) The effect of an impairment is a long-term effect if it has lasted for at least 12 months.

(2) Where 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 recurs.

(3) For the purposes of sub-paragraph (2), the recurrence of an effect shall be disregarded in prescribed circumstances.”

Commencement Information

I5 Sch. 2 wholly in force at 30.5.1996; Sch. 2 not in force at Royal Assent see s. 70(3); Sch. 2 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 2 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)

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F13 6 References in Chapter I of Part III of the 2005 Order to a disabled pupil are to be read as references to a pupil who has had a disability.

Textual Amendments

F13 Sch. 2 para. 6 substituted without change of text (10.8.2006 for certain purposes and 1.9.2006 insofar as not yet in force) by virtue of S.R. 2006/332, regs. 1(2)(3), 14

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7 References in Chapter II of Part III of the 2005 Order to a disabled student are to be read as references to a student who has had a disability.

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8 In Article 15(3)(a) and (4) of the 2005 Order, after “disabled” insert “ or that he had had a disability ”.

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9 In Article 16(1) of the 2005 Order, in sub-paragraphs (a) and (b), after “not disabled” insert “ and who have not had a disability ”.

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10 In Article 29(3)(a) and (4) of the 2005 Order, after “disabled” insert “ or that he had had a disability ”.

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11 In Articles 30(1)(a) and (b) and 37(1)(d), (2)(c) and (3) of the 2005 Order, after “not disabled” “ and who have not had a disability ”.

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12 In Article 35(8) of the 2005 Order after “not having that particular disability” insert “ and who has not had that particular disability ”.

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13 In Article 37(4)(b) of the 2005 Order for “has” substitute “ has had ”.