SCHEDULES
SCHEDULE 1Disability: supplementary provision
Part 2Guidance
Preliminary
I110
This Part of this Schedule applies in relation to guidance referred to in section 6(5).
Examples
I211
The guidance may give examples of—
a
effects which it would, or would not, be reasonable, in relation to particular activities, to regard as substantial adverse effects;
b
substantial adverse effects which it would, or would not, be reasonable to regard as long-term.
Adjudicating bodies
12
1
In determining whether a person is a disabled person, an adjudicating body must take account of such guidance as it thinks is relevant.
2
An adjudicating body is—
a
a court;
b
a tribunal;
c
a person (other than a court or tribunal) who may decide a claim relating to a contravention of Part 6 (education).
Representations
I313
Before issuing the guidance, the Minister must—
a
publish a draft of it;
b
consider any representations made to the Minister about the draft;
c
make such modifications as the Minister thinks appropriate in the light of the representations.
Parliamentary procedure
I414
1
If the Minister decides to proceed with proposed guidance, a draft of it must be laid before Parliament.
2
If, before the end of the 40-day period, either House resolves not to approve the draft, the Minister must take no further steps in relation to the proposed guidance.
3
If no such resolution is made before the end of that period, the Minister must issue the guidance in the form of the draft.
4
Sub-paragraph (2) does not prevent a new draft of proposed guidance being laid before Parliament.
5
The 40-day period—
a
begins on the date on which the draft is laid before both Houses (or, if laid before each House on a different date, on the later date);
b
does not include a period during which Parliament is prorogued or dissolved;
c
does not include a period during which both Houses are adjourned for more than 4 days.
Commencement
I515
The guidance comes into force on the day appointed by order by the Minister.
Revision and revocation
I616
1
The Minister may—
a
revise the whole or part of guidance and re-issue it;
b
by order revoke guidance.
2
A reference to guidance includes a reference to guidance which has been revised and re-issued.