Disability Discrimination Act 1995

Section 1(1).

SCHEDULE 1 U.K. Provisions Supplementing Section 1

Extent Information

E1 In its application to Northern Ireland, this Schedule has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Modifications etc. (not altering text)

C1 S. 1, Sch. 1 applied (N.I.) (6.4.2005) by The Special Educational Needs and Disability (Northern Ireland) Order (S.I. 2005/1117 (N.I. 6)), {art. 2(3)}

Impairment U.K.

1 (1) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Regulations may make provision, for the purposes of this Act—

(a) for conditions of a prescribed description to be treated as amounting to impairments;

(b) for conditions of a prescribed description to be treated as not amounting to impairments.

(3) Regulations made under sub-paragraph (2) may make provision as to the meaning of “condition” for the purposes of those regulations.

Textual Amendments

F1 Sch. 1 para. 1(1) repealed (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 18(2), 19(2), 20(3)-(6), Sch. 2; S.I. 2005/2774, art. 3(i)(k)(i) and said Sch. 1 para. 1(1) repealed (N.I.) (31.10.2007) by The Disability Discrimination (Northern Ireland) Order (S.I. 2006/312 (N.I. 1)), arts. 1, {18(2)}, 19(2), {Sch. 2}; S.R. 2007/430, art. 2(a)(d)

Commencement Information

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

Long-term effects U.K.

2 (1) The effect of an impairment is a long-term effect if—

(a) it has lasted at least 12 months;

(b) the period for which it lasts is likely to be at least 12 months; or

(c) it is likely to last for the rest of the life of the person affected.

(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 is likely to recur.

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

(4) Regulations may prescribe circumstances in which, for the purposes of this Act—

(a) an effect which would not otherwise be a long-term effect is to be treated as such an effect; or

(b) an effect which would otherwise be a long-term effect is to be treated as not being such an effect.

Commencement Information

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

Severe disfigurement U.K.

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 disfigurement is not to be treated as having that effect.

(3) Regulations under sub-paragraph (2) may, in particular, make provision with respect to deliberately acquired disfigurements.

Commencement Information

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

Normal day-to-day activities U.K.

4 (1) An impairment is to be taken to affect the ability of the person concerned to carry out normal day-to-day activities only if it affects one of the following—

(a) mobility;

(b) manual dexterity;

(c) physical co-ordination;

(d) continence;

(e) ability to lift, carry or otherwise move everyday objects;

(f) speech, hearing or eyesight;

(g) memory or ability to concentrate, learn or understand; or

(h) perception of the risk of physical danger.

(2) Regulations may prescribe—

(a) circumstances in which an impairment which does not have an effect falling within sub-paragraph (1) is to be taken to affect the ability of the person concerned to carry out normal day-to-day activities;

(b) circumstances in which an impairment which has an effect falling within sub-paragraph (1) is to be taken not to affect the ability of the person concerned to carry out normal day-to-day activities.

Commencement Information

I4 Sch. 1 para. 4 wholly in force at 30.5.1996; Sch. 1 para. 4 not in force at Royal Assent see s. 70(3); Sch. 1 para. 4 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 1 para. 4 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)

Substantial adverse effects U.K.

5 Regulations may make provision for the purposes of this Act—

(a) for an effect of a prescribed kind on the ability of a person to carry out normal day-to-day activities to be treated as a substantial adverse effect;

(b) for an effect of a prescribed kind on the ability of a person to carry out normal day-to-day activities to be treated as not being a substantial adverse effect.

Commencement Information

I5 Sch. 1 para. 5 wholly in force at 30.5.1996; Sch. 1 para. 5 not in force at Royal Assent see s. 70(3); Sch. 1 para. 5 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 1 para. 5 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)

Effect of medical treatment U.K.

6 (1) An impairment which would be likely to have a substantial adverse effect on the ability of the person concerned to carry out normal day-to-day activities, but for the fact that measures are being taken to treat or correct it, is to be treated as having that effect.

(2) In sub-paragraph (1) “measures” includes, in particular, medical treatment and the use of a prosthesis or other aid.

(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 his case, correctable by spectacles or contact lenses or in such other ways as may be prescribed; or

(b) in relation to such other impairments as may be prescribed, in such circumstances as may be prescribed.

Commencement Information

I6 Sch. 1 para. 6 wholly in force at 30.5.1996; Sch. 1 para. 6 not in force at Royal Assent see s. 70(3); Sch. 1 para. 6 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 1 para. 6 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)

Persons deemed to be disabled U.K.

6A (1) Subject to sub-paragraph (2), a person who has cancer, HIV infection or multiple sclerosis is to be deemed to have a disability, and hence to be a disabled person.

(2) Regulations may provide for sub-paragraph (1) not to apply in the case of a person who has cancer if he has cancer of a prescribed description.

(3) A description of cancer prescribed under sub-paragraph (2) may (in particular) be framed by reference to consequences for a person of his having it.

7 (1) Sub-paragraph (2) applies to any person whose name is, both on 12th January 1995 and on the date when this paragraph comes into force, in the register of disabled persons maintained under section 6 of the M1 Disabled Persons (Employment) Act 1944.

(2) That person is to be deemed—

(a) during the initial period, to have a disability, and hence to be a disabled person; and

(b) afterwards, to have had a disability and hence to have been a disabled person during that period.

(3) A certificate of registration shall be conclusive evidence, in relation to the person with respect to whom it was issued, of the matters certified.

(4) Unless the contrary is shown, any document purporting to be a certificate of registration shall be taken to be such a certificate and to have been validly issued.

(5) Regulations may provide for prescribed descriptions of person to be deemed to have disabilities, and hence to be disabled persons, for the purposes of this Act.

[F2 (5A) The generality of sub-paragraph (5) shall not be taken to be prejudiced by the other provisions of this Schedule.]

(6) Regulations may prescribe circumstances in which a person who has been deemed to be a disabled person by the provisions of sub-paragraph (1) or regulations made under sub-paragraph (5) is to be treated as no longer being deemed to be such a person.

(7) In this paragraph—

• “certificate of registration” means a certificate issued under regulations made under section 6 of the Act of 1944; and

• “initial period” means the period of three years beginning with the date on which this paragraph comes into force.

Textual Amendments

F2 Sch. 1 para. 7(5A) inserted (E.W.S.) (30.6.2005 for certain purposes, otherwise 5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. {18(4)}, 20(3)-(6); S.I. 2005/1676, art. 2(2)(f); S.I. 2005/2774, art. 3(i) and said Sch. 1 para. 7(5A) inserted (N.I.) (3.7.2006 for certain purposes and otherwise 31.10.2007) by The Disability Discrimination (Northern Ireland) Order (S.I. 2006/312 (N.I. 1)), arts. 1, {18(4)}; S.R. 2006/289, art. 2(2)(e); S.R. 2007/430, art. 2(a)

Marginal Citations

M1 1944 c. 10.

Progressive conditions U.K.

8 (1) Where—

(a) a person has a progressive condition (such as cancer, multiple sclerosis or muscular dystrophy or [F3 HIV infection]),

(b) as a result of that condition, he has an impairment which has (or had) an effect on his ability to carry out normal day-to-day activities, but

(c) that effect is not (or was not) a substantial adverse effect,

he shall be taken to have an impairment which has such a substantial adverse effect if the condition is likely to result in his having such an impairment.

(2) Regulations may make provision, for the purposes of this paragraph—

(a) for conditions of a prescribed description to be treated as being progressive;

(b) for conditions of a prescribed description to be treated as not being progressive.

Textual Amendments

F3 Words in Sch. 1 para. 8(1)(a) substituted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 36; S.I. 2005/2774, art. 3(j) and said words substituted (N.I.) (31.10.2007) by The Disability Discrimination (Northern Ireland) Order (S.I. 2006/312 (N.I. 1 )), arts. 1, 19(1), {Sch. 1 para. 27}; S.R. 2007/430, art. 2(b)

Commencement Information

I7 Sch. 1 para. 8 wholly in force at 30.5.1996; Sch. 1 para. 8 not in force at Royal Assent see s. 70(3); Sch. 1 para. 8 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 1 para. 8 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)

[F4 Interpretation U.K.

Textual Amendments

F4 Sch. 1 para. 9 and cross-heading inserted (E.W.S.) (30.6.2005 for certain purposes, otherwise 5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. {18(5)}, 20(3)-(6); S.I. 2005/1676, { art. 2(2)(f)}; S.I. 2005/2774, art. 3(i) and said Sch. 1 para. 9 and cross-heading inserted (N.I.) (3.7.2006 for certain purposes, otherwise 31.10.2007) by The Disability Discrimination (Northern Ireland) Order (S.I. 2006/312 (N.I. 1)), {art. 18(5)}; S.R. 2006/289, art. 2(2)(e); S.R. 2007/430, art. 2(a)

9 In this Schedule, “HIV infection” means infection by a virus capable of causing the Acquired Immune Deficiency Syndrome.]