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)}
8[F1(1)Where—U.K.
(a)a person has a progressive condition (such as cancer, multiple sclerosis or muscular dystrophy or [F2HIV 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
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
F1Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1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)
F2Words 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
I1Sch. 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)