Disability Discrimination Act 2005

18 Meaning of “disability”

(1) Schedule 1 to the 1995 Act (which supplements the definition of “disability” in section 1 of that Act) shall have effect with the following amendments.

(2) Paragraph 1(1) (mental illness must be clinically well-recognised if it is to be basis of “mental impairment”) is omitted.

(3) Before paragraph 7 (persons deemed to be disabled) there is inserted—

“6A.(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.

(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.”

(4) In paragraph 7, after sub-paragraph (5) there is inserted—

“(5A) The generality of sub-paragraph (5) shall not be taken to be prejudiced by the other provisions of this Schedule.”

(5) At the end there is inserted—

“Interpretation

9. In this Schedule “HIV infection” means infection by a virus capable of causing the Acquired Immune Deficiency Syndrome.”