Equality Act 2010 — Schedule 1: disability

Equality Act 2010 (c. 15) Schedule 1 – Disability: supplementary provision Document Generated: 2026-08-17

Changes to legislation: Equality Act 2010, Schedule 1 is up to date with all changes known to be in force on or before 17 August 2026. There are changes that may be brought into force at a future date. Changes that have been made

appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

S C H E D U L E S

Schedule 1 Section 6

Disability: Supplementary Provision

Part 1

Determination Of Disability

Impairment

1 Regulations may make provision for a condition of a prescribed description to be, or not to be, an impairment.

Commencement Information

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

Long-term effects

2 (1) The effect of an impairment is long-term if—

(a) it has lasted for at least 12 months, (b) it is likely to last for at least 12 months, or (c) it is likely to last for the rest of the life of the person affected.

(2) If an impairment ceases to have a substantial adverse effect on a person's ability to

carry out normal day-to-day activities, it is to be treated as continuing to have that effect if that effect is likely to recur.

(3) For the purposes of sub-paragraph (2), the likelihood of an effect recurring is to be

disregarded in such circumstances as may be prescribed.

(4) Regulations may prescribe circumstances in which, despite sub-paragraph (1), an

effect is to be treated as being, or as not being, long-term.

Commencement Information

I2 Sch. 1 para. 2 wholly in force at 1.10.2010; para. 2 not in force at Royal Assent see s. 216; para. 2 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)

2 Equality Act 2010 (c. 15) Schedule 1 – Disability: supplementary provision

Document Generated: 2026-08-17 Changes to legislation: Equality Act 2010, Schedule 1 is up to date with all changes known to be in force on or before 17 August 2026. There are changes that may be brought into force at a future date. Changes that have been made

appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Severe disfigurement

3 (1) An impairment which consists of a severe disfigurement is to be treated as having a

substantial adverse effect on the ability of the person concerned to carry out normal day-to-day activities.

(2) Regulations may provide that in prescribed circumstances a severe disfigurement is

not to be treated as having that effect.

(3) The regulations may, in particular, make provision in relation to deliberately acquired

disfigurement.

Commencement Information

I3 Sch. 1 para. 3 wholly in force at 1.10.2010; para. 3 not in force at Royal Assent see s. 216; para. 3 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)

Substantial adverse effects

4 Regulations may make provision for an effect of a prescribed description on the ability of a person to carry out normal day-to-day activities to be treated as being, or as not being, a substantial adverse effect.

Commencement Information

I4 Sch. 1 para. 4 wholly in force at 1.10.2010; para. 4 not in force at Royal Assent see s. 216; para. 4 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)

Effect of medical treatment

5 (1) An impairment is to be treated as having a substantial adverse effect on the ability

of the person concerned to carry out normal day-to-day activities if—

(a) measures are being taken to treat or correct it, and (b) but for that, it would be likely to have that effect.

(2) “Measures” includes, in particular, medical treatment and the use of a prosthesis or

other aid.

(3) Sub-paragraph (1) does not apply—

(a) in relation to the impairment of a person's sight, to the extent that the impairment is, in the person's case, correctable by spectacles or contact lenses or in such other ways as may be prescribed; (b) in relation to such other impairments as may be prescribed, in such circumstances as are prescribed.

Equality Act 2010 (c. 15) Schedule 1 – Disability: supplementary provision Document Generated: 2026-08-17

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Commencement Information

I5 Sch. 1 para. 5 wholly in force at 1.10.2010; para. 5 not in force at Royal Assent see s. 216; para. 5 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)

[F1Normal day-to-day activities

Textual Amendments

F1 Sch. 1 para. 5A and cross-heading inserted (1.1.2024) by The Equality Act 2010 (Amendment) Regulations 2023 (S.I. 2023/1425), regs. 1(2), 6

5A (1) This paragraph has effect for the purposes of the application to the protected

characteristic of disability of—

(a) Part 5 (work); (b) Part 8 (prohibited conduct: ancillary), so far as relating to Part 5; (c) Part 10 (contracts), so far as relating to Part 5; (d) Schedule 21 (reasonable adjustments: supplementary), so far as applying for the purposes of Schedule 8.

(2) References in the relevant provisions to a person’s ability to carry out normal day-

to-day activities are to be taken as including references to the person’s ability to participate fully and effectively in working life on an equal basis with other workers.

(3) The “relevant provisions” are—

(a) section 6 (disability); (b) other provisions of this Schedule; (c) regulations under this Schedule (whenever made).]

Certain medical conditions

6 (1) Cancer, Hiv infection and multiple sclerosis are each a disability.

(2) Hiv infection is infection by a virus capable of causing the Acquired Immune

Deficiency Syndrome.

Deemed disability

7 (1) Regulations may provide for persons of prescribed descriptions to be treated as

having disabilities.

(2) The regulations may prescribe circumstances in which a person who has a disability

is to be treated as no longer having the disability.

(3) This paragraph does not affect the other provisions of this Schedule.

4 Equality Act 2010 (c. 15) Schedule 1 – Disability: supplementary provision

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Commencement Information

I6 Sch. 1 para. 7 wholly in force at 1.10.2010; para. 7 not in force at Royal Assent see s. 216; para. 7 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)

Progressive conditions

8 (1) This paragraph applies to a person (P) if—

(a) P has a progressive condition, (b) as a result of that condition P has an impairment which has (or had) an effect on P's ability to carry out normal day-to-day activities, but (c) the effect is not (or was not) a substantial adverse effect.

(2) P is to be taken to have an impairment which has a substantial adverse effect if the

condition is likely to result in P having such an impairment.

(3) Regulations may make provision for a condition of a prescribed description to be

treated as being, or as not being, progressive.

Commencement Information

I7 Sch. 1 para. 8 wholly in force at 1.10.2010; para. 8 not in force at Royal Assent see s. 216; para. 8 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)

Past disabilities

9 (1) A question as to whether a person had a disability at a particular time (“the relevant

time”) is to be determined, for the purposes of section 6, as if the provisions of, or made under, this Act were in force when the act complained of was done had been in force at the relevant time.

(2) The relevant time may be a time before the coming into force of the provision of this

Act to which the question relates.

Part 2

Guidance

Preliminary

10 This Part of this Schedule applies in relation to guidance referred to in section 6(5).

Commencement Information

I8 Sch. 1 para. 10 wholly in force at 1.10.2010; para. 10 not in force at Royal Assent see s. 216; para. 10 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)

Equality Act 2010 (c. 15) Schedule 1 – Disability: supplementary provision Document Generated: 2026-08-17

appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

Examples

11 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.

Commencement Information

I9 Sch. 1 para. 11 wholly in force at 1.10.2010; para. 11 not in force at Royal Assent see s. 216; para. 11 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)

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

13 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.

Commencement Information

I10 Sch. 1 para. 13 wholly in force at 1.10.2010; para. 13 not in force at Royal Assent see s. 216; para. 13 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)

Parliamentary procedure

14 (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.

6 Equality Act 2010 (c. 15) Schedule 1 – Disability: supplementary provision

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(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 Information

I11 Sch. 1 para. 14 wholly in force at 1.10.2010; para. 14 not in force at Royal Assent see s. 216; para. 14 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)

Commencement

15 The guidance comes into force on the day appointed by order by the Minister.

Commencement Information

I12 Sch. 1 para. 15 wholly in force at 1.10.2010; para. 15 not in force at Royal Assent see s. 216; para. 15 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)

Revision and revocation

16 (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.

Commencement Information

I13 Sch. 1 para. 16 wholly in force at 1.10.2010; para. 16 not in force at Royal Assent see s. 216; para. 16 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)

Equality Act 2010 (c. 15) Document Generated: 2026-08-17 7

Changes and effects yet to be applied to :

– s. 40(1A)-(1C) inserted by 2025 c. 36 s. 21 – s. 40B inserted by 2025 c. 36 s. 22(2) – s. 78(3A)(3B) inserted by 2025 c. 36 s. 34(2) – s. 153(1A)(1B) inserted by 2025 c. 36 s. 34(3) – s. 154(3A)(3B) inserted by 2025 c. 36 s. 34(4) – s. 208(5)(aa) inserted by 2025 c. 36 s. 22(3)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters: Whole provisions yet to be inserted into this Act (including any effects on those provisions): – s. 40(1A)-(1C) inserted by 2025 c. 36 s. 21 – s. 40B inserted by 2025 c. 36 s. 22(2) – s. 78(3A)(3B) inserted by 2025 c. 36 s. 34(2) – s. 153(1A)(1B) inserted by 2025 c. 36 s. 34(3) – s. 154(3A)(3B) inserted by 2025 c. 36 s. 34(4) – s. 208(5)(aa) inserted by 2025 c. 36 s. 22(3)

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