Paragraph 8 E1I1
United Kingdom
Where—
a person has a progressive condition (such as cancer, multiple sclerosis or muscular dystrophy or F2HIV infection),
as a result of that condition, he has an impairment which has (or had) an effect on his ability to carry out normal day-to-day activities, but
that effect is not (or was not) a substantial adverse effect,
he shall be taken to have an impairment which has such a substantial adverse effect if the condition is likely to result in his having such an impairment.
Regulations may make provision, for the purposes of this paragraph—
for conditions of a prescribed description to be treated as being progressive;
for conditions of a prescribed description to be treated as not being progressive.
Annotations
Textual amendments
- F1
Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)
- F2
Words in Sch. 1 para. 8(1)(a) substituted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 36; S.I. 2005/2774, art. 3(j) and said words substituted (N.I.) (31.10.2007) by The Disability Discrimination (Northern Ireland) Order (S.I. 2006/312 (N.I. 1 )), arts. 1, 19(1), {Sch. 1 para. 27}; S.R. 2007/430, art. 2(b)
Commencement
- I1
Sch. 1 para. 8 wholly in force at 30.5.1996; Sch. 1 para. 8 not in force at Royal Assent see s. 70(3); Sch. 1 para. 8 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 1 para. 8 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)
Extent
- E1
Following the repeal of this Act for E.W.S. by the Equality Act 2010, this provision now extends to N.I. only.
Notes on the whole Act
Textual amendments
- F1
Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)
Notes on Schedule 1
Modifications
- C1
S. 1, Sch. 1 applied (N.I.) (6.4.2005) by The Special Educational Needs and Disability (Northern Ireland) Order (S.I. 2005/1117 (N.I. 6)), {art. 2(3)}
Extent
- E1
In its application to Northern Ireland, this Schedule has effect subject to the modifications set out in Sch. 8; see s. 70(6)