Disability Discrimination Act 1995

2 Past disabilities. E+W+S

(1) The provisions of this Part and Parts II [F1 to 4][F2 and 5A] apply in relation to a person who has had a disability as they apply in relation to a person who has that disability.

(2) Those provisions are subject to the modifications made by Schedule 2.

(3) Any regulations or order made under this Act [F3 by the Secretary of State, the Scottish Ministers or the [F4 Welsh Ministers]] may include provision with respect to persons who have had a disability.

(4) In any proceedings under Part [F5 2, 3, 4 or 5A] of this Act, the question whether a person had a disability at a particular time (“the relevant time”) shall be determined, for the purposes of this section, as if the provisions of, or made under, this Act in force when the act complained of was done had been in force at the relevant time.

(5) The relevant time may be a time before the passing of this Act.

Extent Information

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

Textual Amendments

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

F2 Words in s. 2(1) inserted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 2(2); S.I. 2005/2774, art. 3(j)

F3 Words in s. 2(3) inserted (E.W.S.) (30.6.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 2(1)(3); S.I. 2005/1676, art. 2(1)(c)

F4 Words in s. 2(3) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order (S.I. 2007/1388), arts. 1, 3, {Sch. 1 para. 48}, the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

F5 Words in s. 2(4) substituted (E.W.S.) (4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 2(4); S.I. 2005/2774, art. 4(f)

Commencement Information

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

2 Past disabilities. N.I.

(1) The provisions of this Part and Parts II [F6 , III and VA][F7 and Part III of the 2005 Order] apply in relation to a person who has had a disability as they apply in relation to a person who has that disability.

(2) Those provisions are subject to the modifications made by Schedule 2.

(3) Any regulations or order made under this Act [F8 or Part III of the 2005 Order] may include provision with respect to persons who have had a disability.

(4) In any proceedings under Part II [F9 , III or VA] of this Act [F10 or Part III of the 2005 Order], the question whether a person had a disability at a particular time (“the relevant time”) shall be determined, for the purposes of this section, as if the provisions of, or made under, this Act [F10 or Part III of the 2005 Order] in force when the act complained of was done had been in force at the relevant time.

(5) The relevant time may be a time before the passing of this Act [F11 or (as the case may be) the making of the 2005 Order].

Extent Information

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

Textual Amendments

F6 Words in s. 2(1) substituted (N.I.) (31.10.2007) by virtue of The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), Sch. 1 para. 2(2); S.R. 2007/430, art. 2(b)

F7 Words in s. 2(1) 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(3)(a)}; 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.

F8 Words in s. 2(3) 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(3)(b)}; 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.

F9 Words in s. 2(4) substituted (N.I.) (31.10.2007) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), Sch. 1 para. 2(3); S.R. 2007/430, art. 2(b)

F10 Words in s. 2(4) 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(3)(c)}; 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.

F11 Words in s. 2(5) 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(3)(d)}; 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

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