SCHEDULES

SCHEDULE 2 Past Disabilities

Section 2(2).

1

The modifications referred to in section 2 are as follows.

2

References in Parts II F1to 4 to a disabled person are to be read as references to a person who has had a disability.

2

References in Parts II and III to a disabled person are to be read as references to a person who has had a disability.

F22A

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.

2A

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

F32B

References in Chapter 2 of Part 4 to a disabled student are to be read as references to a student who has had a disability.

2C

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

F43

In sections 4A(1), 4B(4), 4E(1), F54H(1), 6B(1), 7B(1), 7D(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 ”.

3

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

3

In 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 ”.

F64

In sections 4A(3)(b), 4E(3)(b), F74H(3)(b), 6B(3)(b), 7B(4)(b), 7D(3)(b), 14(3)(b), 14B(3)(b), 14D(3)(b) and 16A(6), for “has” (in each place it occurs) substitute “ has had ”.

4

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

4

In 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 ”.

4ZA

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

4ZB

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

F84A

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

F94B

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

F104C

In section 28S(3)(a) and (4), after “disabled” insert “or that he had had a disability”.

F114D

In subsection (1) of section 28T, after “not disabled” insert “and who have not had a disability”.

F124E

In that subsection as substituted by paragraphs 2 and 6 of Schedule 4C, after “not disabled” insert “and who have not had a disability”.

5

For 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.”

F136

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.

7

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.

8

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

9

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 ”.

10

In Article 29(3)(a) and (4) of the 2005 Order, after “disabled” insert “ or that he had had a disability ”.

11

In Articles 30(1)(a) and (b) and 37(1)(d), (2)(c) and (3) of the 2005 Order, after “not disabled” “ and who have not had a disability ”.

12

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

13

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