Meaning of “disability”N.I.
18.—(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) insert—
“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) insert—
“(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 insert—
“InterpretationN.I.
9. In this Schedule, “HIV infection” means infection by a virus capable of causing the Acquired Immune Deficiency Syndrome.”.
Commencement Information
I1Art. 18 wholly in operation at 31.10.2007; art. 18 not in operation at date of making see art. 1(2); art. 18 in operation for certain purposes at 3.7.2006 by S.R. 2006/289, art. 2(2); art. 18 in operation at 31.10.2007 insofar as not already in operation by S.R. 2007/430, art. 2(a)