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Change 1
As published
SCHEDULE 2 Past Disabilities
Section 2(2).
1 The modifications referred to in section 2 are as follows.
2 References in Parts II , III and VAand Part III of the 2005 Order to a disabled person are to be read as references to a person who has had a disability.
2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 In sections 4A(1), 4B(4), 4E(1), 4H(1), 6B(1), 7B(1), 14(1), 14B(1), 14D(1) , 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 ”.
4 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) , 15C(3)(a) and 16A(6), for “has” (in each place it occurs) substitute “ has had ”.
4ZA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4ZB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 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.
6 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.
7 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.
8 In Article 15(3)(a) and (4) of the 2005 Order, after “disabled” insert “ or that he had had a disability ”.
9 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 ”.
10 (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 ”.
11 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 ”.
12 In Article 35(8) of the 2005 Order after “not having that particular disability” insert “ and who has not had that particular disability ”.
13 In Article 37(4)(b) of the 2005 Order for “has” substitute “ has had ”.
Your change, as a redline
SCHEDULE 2 Past Disabilities
Section 2(2).
1 The modifications referred to in section 2 are as follows.
2 References in Parts II , III and VAand Part III of the 2005 Order to a disabled person are to be read as references to a person who has had a disability.
2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 In sections 4A(1), 4B(4), 4E(1), 4H(1), 6B(1), 7B(1), 14(1), 14B(1), 14D(1) , 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 ”.
4 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) , 15C(3)(a) and 16A(6), for “has” (in each place it occurs) substitute “ has had ”.
4ZA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4ZB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 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.
6 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.
7 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.
8 In Article 15(3)(a) and (4) of the 2005 Order, after “disabled” insert “ or that he had had a disability ”.
9 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 ”.
10 (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 ”.
11 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 ”.
12 In Article 35(8) of the 2005 Order after “not having that particular disability” insert “ and who has not had that particular disability ”.
13 In Article 37(4)(b) of the 2005 Order for “has” substitute “ has had ”.
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