Section 6

A person (P) has a disability if— P has a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on P's ability to carry out normal day-to-day activities. A reference to a disabled person is a reference to a person who has a disability. In relation to the protected characteristic of disability— a reference to a person who has a particular protected characteristic is a reference to a person who has a particular disability; a reference to persons who share a protected characteristic is a reference to persons who have the same disability. 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 reference (however expressed) to a person who has a disability includes a reference to a person who has had the disability, and 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. 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). Schedule 1 (disability: supplementary provision) has effect.

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Source: legislation.gov.uk · retrieved 2026-09-04