Part 2Equality: key concepts
Chapter 1Protected characteristics
6Disability
1
A person (P) has a disability if—
a
P has a physical or mental impairment, and
b
the impairment has a substantial and long-term adverse effect on P’s ability to carry out normal day-to-day activities.
2
A reference to a disabled person is a reference to a person who has a disability.
3
In relation to the protected characteristic of disability—
a
a reference to a person who has a particular protected characteristic is a reference to a person who has a particular disability;
b
a reference to persons who share a protected characteristic is a reference to persons who have the same disability.
4
This Act (except Part 12 and section 190) applies in relation to a person who has had a disability as it applies in relation to a person who has the disability; accordingly (except in that Part and that section)—
a
a reference (however expressed) to a person who has a disability includes a reference to a person who has had the disability, and
b
a reference (however expressed) to a person who does not have a disability includes a reference to a person who has not had the disability.
5
A Minister of the Crown may issue guidance about matters to be taken into account in deciding any question for the purposes of subsection (1).
6
Schedule 1 (disability: supplementary provision) has effect.