Part 2 E+W+SGuidance
PreliminaryE+W+S
10E+W+SThis Part of this Schedule applies in relation to guidance referred to in section 6(5).
Commencement Information
I1Sch. 1 para. 10 wholly in force at 1.10.2010; para. 10 not in force at Royal Assent see s. 216; para. 10 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)
ExamplesE+W+S
11E+W+SThe 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 reasonable to regard as long-term.
Commencement Information
I2Sch. 1 para. 11 wholly in force at 1.10.2010; para. 11 not in force at Royal Assent see s. 216; para. 11 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)
Adjudicating bodiesE+W+S
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.E+W+S
(2)An adjudicating body is—
(a)a court;
(b)a tribunal;
(c)a person (other than a court or tribunal) who may decide a claim relating to a contravention of Part 6 (education).
RepresentationsE+W+S
13E+W+SBefore 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.
Commencement Information
I3Sch. 1 para. 13 wholly in force at 1.10.2010; para. 13 not in force at Royal Assent see s. 216; para. 13 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)
Parliamentary procedureE+W+S
14(1)If the Minister decides to proceed with proposed guidance, a draft of it must be laid before Parliament.E+W+S
(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 guidance.
(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 laid before Parliament.
(5)The 40-day period—
(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 dissolved;
(c)does not include a period during which both Houses are adjourned for more than 4 days.
Commencement Information
I4Sch. 1 para. 14 wholly in force at 1.10.2010; para. 14 not in force at Royal Assent see s. 216; para. 14 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)
CommencementE+W+S
15E+W+SThe guidance comes into force on the day appointed by order by the Minister.
Commencement Information
I5Sch. 1 para. 15 wholly in force at 1.10.2010; para. 15 not in force at Royal Assent see s. 216; para. 15 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)
Revision and revocationE+W+S
16(1)The Minister may—E+W+S
(a)revise the whole or part of guidance and re-issue it;
(b)by order revoke guidance.
(2)A reference to guidance includes a reference to guidance which has been revised and re-issued.
Commencement Information
I6Sch. 1 para. 16 wholly in force at 1.10.2010; para. 16 not in force at Royal Assent see s. 216; para. 16 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)