SCHEDULES
E10C1SCHEDULE 1 Provisions Supplementing Section 1
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
I11
F11
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
Long-term effects
E1I22
F31
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.
Severe disfigurement
E2I33
F41
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.
Normal day-to-day activities
I4E34
F51
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.
F6i
taking part in normal social interaction; or
j
forming social relationships
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.
Substantial adverse effects
E4I55
F7Regulations 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.
Effect of medical treatment
E5I66
F81
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.
Persons deemed to be disabled
F12E66A
F91
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.
E77
F101
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 M1Disabled 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.
F115A
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.
Progressive conditions
E8I78
F131
Where—
a
a person has a progressive condition (such as cancer, multiple sclerosis or muscular dystrophy or F14HIV 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.
F16Interpretation
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)
E99
F15In this Schedule, “HIV infection” means infection by a virus capable of causing the Acquired Immune Deficiency Syndrome.
In its application to Northern Ireland, this Schedule has effect subject to the modifications set out in Sch. 8; see s. 70(6)