Explanatory note

These Regulations provide for certain persons to be deemed to have a disability and hence to be disabled persons for the purposes of the Disability Discrimination Act 1995.

Under regulation 3, a person who is (i) certified as blind or partially sighted by a consultant ophthalmologist, or (ii) registered as blind or partially sighted in a register maintained by or on behalf of a local authority, is deemed to be a disabled person.

In England and Wales, certification must be by a consultant ophthalmologist in accordance with Department of Health Circular LASSL(90)1 entitled “Certification of Blind and Partially Sighted People: Revised Form BD8 and Procedures”. In Scotland, certification must be by a consultant ophthalmologist in accordance with Social Work Services Group Circular SWSG8/86 NHS 1998 (PCS) entitled “Registration of Blind and Partially Sighted People”.

Under regulation 4, conclusive evidence for the purposes of these Regulations may be provided in one of two ways: by a certificate signed by the certifying consultant ophthalmologist; or by a certificate issued by or on behalf of a local authority stating that the person is registered as blind or partially sighted with that authority. (In order to be registered with a local authority, a person must first be certified as blind or partially sighted by a consultant ophthalmologist.)

Any certificate produced for the purposes of regulation 4 is to be presumed to have been validly issued in the absence of evidence to the contrary.

These Regulations do not impose a charge on business.