SCHEDULES
SCHEDULE 2 Past Disabilities
I11
The modifications referred to in section 2 are as follows.
I6E42
I2E52
F342A
References in Chapter 1 of Part 4 to a disabled pupil are to be read as references to a pupil who has had a disability.
F21E12A
In section 3A(5), after “not having that particular disability” insert “
and who has not had that particular disability
”
.
F352B
References in Chapter 2 of Part 4 to a disabled student are to be read as references to a student who has had a disability.
2C
In F39sections 3A(5) and 31AB(8), after “not having that particular disability” insert “
and who has not had that particular disability
”
.
F26I3E63
In sections 4A(1), 4B(4), 4E(1), F274H(1), 6B(1), 7B(1), 7D(1), 14(1), 14B(1), 14D(1) F28, 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))
F29and section 31AD(1)(d), (2)(c) and (3), after “not disabled”
(in each place it occurs) insert “
and who have not had a disability
”
.
I33
In section 6(1), after “not disabled” insert “
and who have not had a disability
”
.
F3I3E73
In sections 4A(1), 4B(4), 4E(1), 4H(1), 6B(1), 7B(1), 14(1), 14B(1), 14D(1) F4, 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
”
.
F30I4E84
I44
In section 6(6), for “has” substitute “
has had
”
.
F5I4E94
In 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) F6, 15C(3)(a) and 16A(6), for “has”
(in each place it occurs) substitute “
has had
”
.
4ZA
In section 24(3)(e)(i) and (f)(i), after “having” insert “
had
”
4ZB
In sections 24D(2)(a) and 24J(3)(b), for “did not have” substitute “
had not had
”
.
F74A
In section 28B(3)(a) and (4), after “disabled” insert “or that he had had a disability”.
F22E24A
In section 24(3)(e)(i) and (f)(i), after “having” insert had.
F84B
In section 28C(1), in paragraphs (a) and (b), after “not disabled” insert “and who have not had a disability”.
F22E34B
In sections 24D(2)(a) and 24J(3)(b), for “did not have” substitute had not had.
F10F94C
In section 28S
a
in subsection (3)(a), after “disabled” insert “
or that he had had a disability
”
,
b
in subsection (6)(a), after “who do not have” insert “
and have not had
”
, and
c
in subsection (10), for “that particular disability” substitute “and who has not had that particular disability and
F114D
In F36subsections (1), (1A), (1B) (1C) and (1D) of section 28T, after “not disabled” insert “and who have not had a disability”.
F124E
I55
For 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.
F23F136
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.
F147
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.
F158
In Article 15(3)(a) and (4) of the 2005 Order, after “disabled” insert “
or that he had had a disability
”
.
F169
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
”
.
F1710
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
”
.
F1811
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
”
.
F1912
In Article 35(8) of the 2005 Order after “not having that particular disability” insert “
and who has not had that particular disability
”
.
F2013
In Article 37(4)(b) of the 2005 Order for “has” substitute “
has had
”
.