CoronavirusSee Coronavirus legislation
on legislation.gov.uk
Get Coronavirus guidance from GOV.UK
Additional advice for Scotland | Wales | Northern Ireland

Search Legislation

Disability Discrimination Act 1995

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

There are currently no known outstanding effects for the Disability Discrimination Act 1995, SCHEDULE 1. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Section 1(1).

SCHEDULE 1U.K. Provisions Supplementing Section 1

Extent Information

E1In its application to Northern Ireland, this Schedule has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Modifications etc. (not altering text)

C1S. 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)}

ImpairmentU.K.

1[F1(1)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

(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.]

Textual Amendments

F1Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

F2Sch. 1 para. 1(1) repealed (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 18(2), 19(2), 20(3)-(6), Sch. 2; S.I. 2005/2774, art. 3(i)(k)(i) and said Sch. 1 para. 1(1) repealed (N.I.) (31.10.2007) by The Disability Discrimination (Northern Ireland) Order (S.I. 2006/312 (N.I. 1)), arts. 1, {18(2)}, 19(2), {Sch. 2}; S.R. 2007/430, art. 2(a)(d)

Commencement Information

I1Sch. 1 para. 1 wholly in force at 30.5.1996; Sch. 1 para. 1 not in force at Royal Assent see s. 70(3); Sch. 1 para. 1 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 1 para. 1 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)

Long-term effectsU.K.

2[F3(1)The effect of an impairment is a long-term effect if—U.K.

(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.]

Extent Information

E2Following the repeal of this Act for E.W.S. by the Equality Act 2010, this provision now extends to N.I. only.

Textual Amendments

F3Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

Commencement Information

I2Sch. 1 para. 2 wholly in force at 30.5.1996; Sch. 1 para. 2 not in force at Royal Assent see s. 70(3); Sch. 1 para. 2 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 1 para. 2 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)

Severe disfigurementU.K.

3[F4(1)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.U.K.

(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.]

Extent Information

E3Following the repeal of this Act for E.W.S. by the Equality Act 2010, this provision now extends to N.I. only.

Textual Amendments

F4Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

Commencement Information

I3Sch. 1 para. 3 wholly in force at 30.5.1996; Sch. 1 para. 3 not in force at Royal Assent see s. 70(3); Sch. 1 para. 3 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 1 para. 3 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)

Normal day-to-day activitiesU.K.

4[F5(1)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—U.K.

(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.

[F6(i)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.]

Extent Information

E4Following the repeal of this Act for E.W.S. by the Equality Act 2010, this provision now extends to Northern Ireland only

Textual Amendments

F5Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

Commencement Information

I4Sch. 1 para. 4 wholly in force at 30.5.1996; Sch. 1 para. 4 not in force at Royal Assent see s. 70(3); Sch. 1 para. 4 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 1 para. 4 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)

Substantial adverse effectsU.K.

5U.K.[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.]

Extent Information

E5Following the repeal of this Act for E.W.S. by the Equality Act 2010, this provision now extends to N.I. only

Textual Amendments

F7Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

Commencement Information

I5Sch. 1 para. 5 wholly in force at 30.5.1996; Sch. 1 para. 5 not in force at Royal Assent see s. 70(3); Sch. 1 para. 5 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 1 para. 5 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)

Effect of medical treatmentU.K.

6[F8(1)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.U.K.

(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.]

Extent Information

E6Following the repeal of this Act for E.W.S. by the Equality Act 2010, this provision now extends to N.I. only.

Textual Amendments

F8Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

Commencement Information

I6Sch. 1 para. 6 wholly in force at 30.5.1996; Sch. 1 para. 6 not in force at Royal Assent see s. 70(3); Sch. 1 para. 6 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 1 para. 6 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)

Persons deemed to be disabledU.K.

[F96A[F10(1)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.U.K.

(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.]]

Extent Information

E7Following the repeal of this Act for E.W.S. by the Equality Act 2010, this provision now extends to N.I. only.

Textual Amendments

F9Sch. 1 para. 6A inserted (E.W.S.) (30.6.2005 for certain purposes, otherwise 5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. {18(3)}, 20(3)-(6); S.I. 2005/1676, art. 2(2)(f); S.I. 2005/2774, art. 3(i) and said Sch. 1 para. 6A inserted (N.I.) (3.7.2006 for certain purposes and otherwise 31.10.2007) by The Disability Discrimination (Northern Ireland) Order (S.I. 2006/312 (N.I. 1 )), arts. 1, {18(3)}; S.R. 2006/289, art. 2(2)(e); S.R. 2007/430, art. 2(a)

F10Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

7[F11(1)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.U.K.

(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.

[F12(5A)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.]

Extent Information

E8Following the repeal of this Act for E.W.S. by the Equality Act 2010, this provision now extends to Northern Ireland only and also has effect subject to the modifications for Northern Ireland set out in Sch. 8 para. 49; see s. 70(6)

Textual Amendments

F11Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

F12Sch. 1 para. 7(5A) inserted (E.W.S.) (30.6.2005 for certain purposes, otherwise 5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. {18(4)}, 20(3)-(6); S.I. 2005/1676, art. 2(2)(f); S.I. 2005/2774, art. 3(i) and said Sch. 1 para. 7(5A) inserted (N.I.) (3.7.2006 for certain purposes and otherwise 31.10.2007) by The Disability Discrimination (Northern Ireland) Order (S.I. 2006/312 (N.I. 1)), arts. 1, {18(4)}; S.R. 2006/289, art. 2(2)(e); S.R. 2007/430, art. 2(a)

Marginal Citations

Progressive conditionsU.K.

8[F13(1)Where—U.K.

(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.]

Extent Information

E9Following the repeal of this Act for E.W.S. by the Equality Act 2010, this provision now extends to N.I. only.

Textual Amendments

F13Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

F14Words in Sch. 1 para. 8(1)(a) substituted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 36; S.I. 2005/2774, art. 3(j) and said words substituted (N.I.) (31.10.2007) by The Disability Discrimination (Northern Ireland) Order (S.I. 2006/312 (N.I. 1 )), arts. 1, 19(1), {Sch. 1 para. 27}; S.R. 2007/430, art. 2(b)

Commencement Information

I7Sch. 1 para. 8 wholly in force at 30.5.1996; Sch. 1 para. 8 not in force at Royal Assent see s. 70(3); Sch. 1 para. 8 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 1 para. 8 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)

[F15InterpretationU.K.

Textual Amendments

F15Sch. 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)

9U.K.[F16In this Schedule, “HIV infection” means infection by a virus capable of causing the Acquired Immune Deficiency Syndrome.]]

Extent Information

E10Following the repeal of this Act for E.W.S. by the Equality Act 2010, this provision now extends to N.I. only.

Textual Amendments

F16Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources