SCHEDULES

SCHEDULE 2 Past Disabilities

Section 2(2).

E1I11

F1The modifications referred to in section 2 are as follows.

E2I22

F2References in Parts II F3, III and VAF4and Part III of the 2005 Order to a disabled person are to be read as references to a person who has had a disability.

E42A

F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36E32A

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

2B

F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F372C

F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8E5I33

F9In sections 4A(1), 4B(4), 4E(1), 4H(1), 6B(1), 7B(1), 14(1), 14B(1), 14D(1) F10, 15C(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 ”.

F11E6I44

F12In 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) F13, 15C(3)(a) and 16A(6), for “has” (in each place it occurs) substitute “ has had ”.

F394ZA

F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4ZB

F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16E94A

F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38E74A

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

E10F184B

F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38E84B

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

Annotations:
Extent Information
E8

This provision extends to Northern Ireland only; a separate Sch. 2 para. 4B for England, Wales and Scotland only repealed (1.10.2010).

F21F204C

F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F234D

F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F254E

F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E11I55

F27For 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.

F40F286

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.

F297

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.

F308

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

F319

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 ”.

F3210

1

In Article 29 of the 2005 Order in paragraph (3)(a), after “disabled” insert “ or that he had had a disability ”;

2

in paragraph (6)(a) of that Article, after “who do not have” insert “ and have not had ”; and

3

in paragraph (10) of that Article, for “that particular disability” substitute “ and who has not had that particular disability and ”.

F3311

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

F3412

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

F3513

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