SCHEDULES

Section 2(2).

SCHEDULE 2U.K. Past Disabilities

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

Commencement Information

I1Sch. 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)

2References in Parts II [F1to 4][F2and 5A] to a disabled person are to be read as references to a person who has had a disability.

Extent Information

E1This version of this provision extends to England and Wales and Scotland. A separate version has been created for Northern Ireland only.

Textual Amendments

F1Sch. 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

F2Words in Sch. 2 para. 2 inserted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 37(2); S.I. 2005/2774, art. 3(j)

Commencement Information

I2Sch. 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)

2References in Parts II and III [F32and Part III of the 2005 Order] to a disabled person are to be read as references to a person who has had a disability.

Extent Information

E4This version of this provision extends to Northern Ireland only. A separate version has been created for England and Wales and Scotland only

Textual Amendments

F32Words in Sch. 2 para. 2 inserted (N.I.) (1.9.2005 for certain purposes, otherwise 16.1.2007) by The Special Educational Needs and Disability (Northern Ireland) Order (S.I. 2005/1117 (N.I. 6)), arts. 1, {48(9)}; S.R. 2005/336, art. 2, Sch. (as amended (16.1.2007) by S.R. 2007/25, art. 2); S.R. 2005/337, art. 2, Sch.

Commencement Information

I6Sch. 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)

[F32AU.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

F3Sch. 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

[F332AN.I.In section 3A(5), after “not having that particular disability” insert “ and who has not had that particular disability ”.]

Extent Information

E5This provision extends to Northern Ireland only; a separate Sch. 2 para. 2A for England, Wales and Scotland only repealed (1.10.2010).

Textual Amendments

F33Sch. 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)}

F42BReferences 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

F4Sch. 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

2CIn [F5sections 3A(5) and 31AB(8)], after “not having that particular disability” insert “ and who has not had that particular disability ”.

Textual Amendments

F5Words in Sch. 2 para. 2C substituted (1.9.2007) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 37(3); S.I. 2007/1555, art. 3(b)

[F63In sections 4A(1), 4B(4), 4E(1), [F74H(1),] 6B(1), 7B(1), 7D(1), 14(1), 14B(1), 14D(1) [F8, 15C(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)) [F9and section 31AD(1)(d), (2)(c) and (3),] after “not disabled” (in each place it occurs) insert “ and who have not had a disability ”.]

Extent Information

E2This version of this provision extends to England, Wales and Scotland; a separate version has been created for Northern Ireland.

Textual Amendments

F6Sch. 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)

F7Words 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)

F8Words in Sch. 2 para. 3 inserted (E.W.S.) (4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), {Sch. 1 para. 37(4(a)}; S.I. 2005/2774, art. 4

F9Words in Sch. 2 para. 3 inserted (E.W.S.) (1.9.2007) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 37(4)(b); S.I. 2007/1555, art. 3(b)

Commencement Information

I3Sch. 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)

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

Commencement Information

[F343In 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

E6This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland.

Textual Amendments

F34Sch. 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

[F104In sections 4A(3)(b), 4E(3)(b), [F114H(3)(b),] 6B(3)(b), 7B(4)(b), 7D(3)(b), 14(3)(b), 14B(3)(b), 14D(3)(b) [F12, 15C(3)(a)][F13, 16A(6) and 31AD(4)(b),] for “has” (in each place it occurs) substitute “ has had ”.]

Extent Information

E3This version of this provision extends to England, Wales and Scotland; a separate version has been created for Northern Ireland.

Textual Amendments

F10Sch. 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)

F11Words 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)

F12Words in Sch. 2 para. 4 inserted (E.W.S.) (4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 37(5)(a); S.I. 2005/2774, art. 4(f)

F13Words in Sch. 2 para. 4 substituted (E.W.S.) (1.9.2007) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 37(5)(b); S.I. 2007/1555, art. 3(b)

Commencement Information

I4Sch. 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)

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

Commencement Information

[F354In 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

E7This version of this provision extends to Northern Ireland only; a separate version has been created for England, Wales and Scotland.

Textual Amendments

F35Sch. 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

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

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

[F144AIn section 28B(3)(a) and (4), after “disabled” insert “or that he had had a disability”.]

Textual Amendments

F14Sch. 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

F154BIn section 28C(1), in paragraphs (a) and (b), after “not disabled” insert “and who have not had a disability”.

Textual Amendments

F15Sch. 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

[F16F174CIn section 28S

(a)in subsection (3)(a), after “disabled” insert “ or that he had had a disability ”,

(b)in subsection (6)(a), after “who do not have” insert “ and have not had ”, and

(c)in subsection (10), for “that particular disability” substitute “and who has not had that particular disability and]

Textual Amendments

F16Sch. 2 para. 4C substituted (30.6.2006 for certain purposes and otherwise 1.9.2006) by The Disability Discrimination Act 1995 (Amendment) (Further and Higher Education) Regulations 2006 (S.I. 2006/1721), regs. 1, 18(2)

F17Sch. 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

F184DIn [F19subsections (1), (1A), (1B) (1C) and (1D)] of section 28T, after “not disabled” insert “and who have not had a disability”.

Textual Amendments

F18Sch. 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

F19Words in Sch. 2 para. 4D substituted (30.6.2006 for certain purposes and otherwise 1.9.2006) by The Disability Discrimination Act 1995 (Amendment) (Further and Higher Education) Regulations 2006 (S.I. 2006/1721), regs. 1, 18(3)

F204EIn [F21subsection (1) of that section] as substituted by paragraphs 2 [F229, 14 and 21] of Schedule 4C, after “not disabled” insert “and who have not had a disability”.

Textual Amendments

F20Sch. 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

F21Words in Sch. 2 para. 4E substituted (30.6.2006 for certain purposes and otherwise 1.9.2006) by The Disability Discrimination Act 1995 (Amendment) (Further and Higher Education) Regulations 2006 (S.I. 2006/1721), regs. 1, 18(4)(a)

F22Words in Sch. 2 para. 4E substituted (30.6.2006 for certain purposes and otherwise 1.9.2006) by The Disability Discrimination Act 1995 (Amendment) (Further and Higher Education) Regulations 2006 (S.I. 2006/1721), regs. 1, 18(4)(b)

5For 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

I5Sch. 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)

[F23F246N.I.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

F23Sch. 2 paras. 6-13 inserted (N.I.) (1.9.2005 for certain purposes, otherwise 16.1.2007 ) by The Special Educational Needs and Disability (Northern Ireland) Order (S.I. 2005/1117 (N.I. 6)), art. 1, {48(10)}; S.R. 2005/336, art. 2, Sch. (as amended 16.1.2007 by S.R. 2007/25, art. 2); S.R. 2005/337, art. 2, Sch.

F24Sch. 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

F257N.I.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.

Textual Amendments

F25Sch. 2 para. 7 substituted without change of text (10.8.2006 for certain purposes, otherwise 1.9.2006) by virtue of S.R. 2006/332, regs. 1(2)(3), 14

F268N.I.In Article 15(3)(a) and (4) of the 2005 Order, after “disabled” insert “ or that he had had a disability ”.

Textual Amendments

F26Sch. 2 para. 8 substituted without change of text (10.8.2006 for certain purposes, otherwise 1.9.2006) by virtue of S.R. 2006/332, regs. 1(2)(3), 14

F279N.I.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 ”.

Textual Amendments

F27Sch. 2 para. 9 substituted without change of text (10.8.2006 for certain purposes, otherwise 1.9.2006) by virtue of S.R. 2006/332, regs. 1(2)(3), 14

[F2810(1)In Article 29 of the 2005 Order in paragraph (3)(a), after “disabled” insert “ or that he had had a disability ”;N.I.

(2)in paragraph (6)(a) of that Article, after “who do not have” insert “ and have not had ”; and

(3)in paragraph (10) of that Article, for “that particular disability” substitute “ and who has not had that particular disability and ”.]

Textual Amendments

F28Sch. 2 para. 10 substituted (10.8.2006 for certain purposes, otherwise 1.9.2006) by virtue of S.R. 2006/332, regs. 1(2)(3), 14

[F2911N.I.In Articles 30(1)(c), (1A)(d), (1B)(c), (1C) and (1D) and 37(1)(d), 2(c) and (3) of the 2005 Order, after “not disabled” insert “ and who have not had a disability ”.]

Textual Amendments

F29Sch. 2 para. 11 substituted (10.8.2006 for certain purposes, otherwise 1.9.2006) by virtue of S.R. 2006/332, regs. 1(2)(3), 14

F3012N.I.In Article 35(8) of the 2005 Order after “not having that particular disability” insert “ and who has not had that particular disability ”.

Textual Amendments

F30Sch. 2 para. 12 substituted without change of text (10.8.2006 for certain purposes, otherwise 1.9.2006) by virtue of S.R. 2006/332, regs. 1(2)(3), 14

F3113N.I.In Article 37(4)(b) of the 2005 Order for “has” substitute “ has had ”.]

Textual Amendments

F31Sch. 2 para. 13 substituted without change of text (10.8.2006 for certain purposes, otherwise 1.9.2006) by virtue of S.R. 2006/332, regs. 1(2)(3), 14