Section 6 DisabilityI1

(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.

Annotations

Commencement

I1: S. 6 wholly in force; s. 6 not in force at Royal Assent see s. 216; s. 6(5) in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; s. 6(6) in force for certain purposes at 4.8.2010 by S.I. 2010/1966, art. 2; s. 6 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(b) (with art. 15)