Article 18 Meaning of “disability”

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.

Paragraph 1(1) (mental illness must be clinically well-recognised if it is to be basis of “mental impairment”) is omitted.

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.”.

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.”.

At the end insert—

“Interpretation

9

In this Schedule, “HIV infection” means infection by a virus capable of causing the Acquired Immune Deficiency Syndrome.”.