(This note is not part of the Order)
This Order revokes, with effect from 1st May 2006 and subject to the transitional provision in article 3, the Guidance on matters to be taken into account in determining questions relating to the definition of disability issued by the Secretary of State for Education and Employment on 25th July 1996 under section 3 of the Disability Discrimination Act 1995 (“the 1995 Act”).
Article 3 of this Order provides for that Guidance to continue to have effect after 30th April 2006 in relation to proceedings arising from a complaint presented to an adjudicating body concerning an alleged act of discrimination contrary to the 1995 Act committed before 1st May 2006. This is for the purposes of section 3(3) of the 1995 Act, which requires an adjudicating body determining for any purpose of the 1995 Act whether a person is a disabled person to take into account any guidance which appears to it to be relevant.
A regulatory impact assessment has not been prepared for this Order as it has no direct impact on the costs of business, charities and the voluntary sector.