Subject to the provisions of Schedule 1, a person has a disability for the purposes of this Act F1and Part III of the 2005 Order if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.

In this Act F1and Part III of the 2005 Order“disabled person” means a person who has a disability.

The provisions of this Part and Parts II F8to 4F11and 5A apply in relation to a person who has had a disability as they apply in relation to a person who has that disability.

Those provisions are subject to the modifications made by Schedule 2.

Any regulations or order made under this Act F10by the Secretary of State, the Scottish Ministers or the National Assembly for Wales may include provision with respect to persons who have had a disability.

In any proceedings under Part II F9, 3 or 4 of this Act, the question whether a person had a disability at a particular time (“the relevant time”) shall be determined, for the purposes of this section, as if the provisions of, or made under, this Act in force when the act complained of was done had been in force at the relevant time.

The relevant time may be a time before the passing of this Act.

The provisions of this Part and Parts II and IIIF2and Part III of the 2005 Order apply in relation to a person who has had a disability as they apply in relation to a person who has that disability.

Those provisions are subject to the modifications made by Schedule 2.

Any regulations or order made under this Act F3or Part III of the 2005 Order may include provision with respect to persons who have had a disability.

In any proceedings under Part II or Part III of this Act F4or Part III of the 2005 Order, the question whether a person had a disability at a particular time (“the relevant time”) shall be determined, for the purposes of this section, as if the provisions of, or made under, this Act F4or Part III of the 2005 Order in force when the act complained of was done had been in force at the relevant time.

The relevant time may be a time before the passing of this Act F5or (as the case may be) the making of the 2005 Order.

The Secretary of State may issue guidance about matters to be taken into account in determining whether a person is a disabled person.

F12An adjudicating body determining, for any purpose of this Act, whether F17a person is a disabled person, shall take into account any guidance which appears to it to be relevant.

In preparing a draft of any guidance, the Secretary of State shall consult such persons as he considers appropriate.

Where the Secretary of State proposes to issue any guidance, he shall publish a draft of it, consider any representations that are made to him about the draft and, if he thinks it appropriate, modify his proposals in the light of any of those representations.

If the Secretary of State decides to proceed with any proposed guidance, he shall lay a draft of it before each House of Parliament.

If, within the 40-day period, either House resolves not to approve the draft, the Secretary of State shall take no further steps in relation to the proposed guidance.

If no such resolution is made within the 40-day period, the Secretary of State shall issue the guidance in the form of his draft.

The guidance shall come into force on such date as the Secretary of State may appoint by order.

Subsection (7) does not prevent a new draft of the proposed guidance from being laid before Parliament.

In this section—

• “40-day period”, in relation to the draft of any proposed guidance, means—

  1. a

     if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days, and

  2. b

     in any other case, the period of 40 days beginning with the day on which the draft is laid before each House,

  no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days; and

• “guidance” means guidance issued by the Secretary of State under this section and includes guidance which has been revised and re-issued.

A tribunal or court determining, for any purpose of this Act F6or Part III of the 2005 Order , whether an impairment has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities, shall take into account any guidance which appears to it to be relevant.

In preparing a draft of any guidance, the Department shall consult such persons as it considers appropriate.

Where the Department proposes to issue any guidance, the Department shall publish a draft of it, consider any representations that are made to the Department about the draft and, if the Department thinks it appropriate, modify its proposals in the light of any of those representations.

If the Department decides to proceed with any proposed guidance, the Department shall lay a draft of it before the Assembly.

If, within the statutory period, the Assembly resolves not to approve the draft, the Department shall take no further steps in relation to the proposed guidance.

If no such resolution is made within the statutory period, the Department shall issue the guidance in the form of its draft.

The guidance shall come into force on such date as the Department may by order appoint.

Subsection (7) does not prevent a new draft of the proposed guidance being laid before the Assembly.

In this section—

• “the Department” means the Department of Economic Development;

• “guidance” means guidance issued by the Department under this section and includes guidance which has been revised and re-issued;

• “statutory period” has the meaning assigned to it by section 41(2) of the Interpretation Act (Northern Ireland) 1954.