Meaning of “disability” and “disabled person”.
1 Subject to the provisions of Schedule 1, a person has a disability for the purposes of this Act and Part III of the 2005 Order if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities. (2) In this Act and Part III of the 2005 Order “ disabled person ” means a person who has a disability.
Past disabilities.
1 The provisions of this Part and Parts II , III and VA and Part III of the 2005 Order apply in relation to a person who has had a disability as they apply in relation to a person who has that disability. (2) Those provisions are subject to the modifications made by Schedule 2. (3) Any regulations or order made under this Act or Part III of the 2005 Order may include provision with respect to persons who have had a disability. (4) In any proceedings under Part II , III or VA of this Act or Part III of the 2005 Order , the question whether a person had a disability at a particular time (“the relevant time”) shall be determined, for the purposes of this section, as if the provisions of, or made under, this Act or Part III of the 2005 Order in force when the act complained of was done had been in force at the relevant time. (5) The relevant time may be a time before the passing of this Act or (as the case may be) the making of the 2005 Order .
Guidance.
A1 The Office may issue guidance about matters to be taken into account in determining whether a person is a disabled person. (1) Without prejudice to the generality of subsection (A1), the Office may, in particular, issue guidance about the matters to be taken into account in determining— (a) whether an impairment has a substantial adverse effect on a person’s ability to carry out normal day-to-day activities; or (b) whether such an impairment has a long-term effect. (2) Without prejudice to the generality of subsection (A1), guidance about the matters mentioned in subsection (1) may, among other things, give examples of— (a) effects which it would be reasonable, in relation to particular activities, to regard for purposes of this Act as substantial adverse effects; (b) effects which it would not be reasonable, in relation to particular activities, to regard for such purposes as substantial adverse effects; (c) substantial adverse effects which it would be reasonable to regard, for such purposes, as long-term; (d) substantial adverse effects which it would not be reasonable to regard, for such purposes, as long-term. (3) A tribunal or court determining, for any purpose of this Act or Part III of the 2005 Order , whether a person is a disabled person , shall take into account any guidance which appears to it to be relevant. (4) In preparing a draft of any guidance, the Department shall consult such persons as it considers appropriate. (5) Where the Department proposes to issue any guidance, the Department shall publish a draft of it, consider any representations that are made to the Department about the draft and, if the Department thinks it appropriate, modify its proposals in the light of any of those representations. (6) If the Department decides to proceed with any proposed guidance, the Department shall lay a draft of it before the Assembly. (7) If, within the statutory period, the Assembly resolves not to approve the draft, the Department shall take no further steps in relation to the proposed guidance. (8) If no such resolution is made within the statutory period, the Department shall issue the guidance in the form of its draft. (9) The guidance shall come into force on such date as the Department may by order appoint. (10) Subsection (7) does not prevent a new draft of the proposed guidance being laid before the Assembly. (11) The Department may— (a) from time to time revise the whole or any part of any guidance and re-issue it ; (b) by order revoke any guidance. (12) In this section— “ the Department ” means the Department of Economic Development; “ guidance ” means guidance issued by the Department under this section and includes guidance which has been revised and re-issued; “ statutory period ” has the meaning assigned to it by section 41(2) of the Interpretation Act (Northern Ireland) 1954.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
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