Commentary on Sections Part 2: Equality: Key Concepts Chapter 1: Protected characteristics Effect
38.This section establishes who is to be considered as having the protected characteristic of disability and is a disabled person for the purposes of the Act. With Schedule 1 and regulations to be made under that Schedule, it will also establish what constitutes a disability. Where people have the same disability, they share the protected characteristic of disability.
39.It provides for Ministers to issue statutory guidance to help those who need to decide whether a person has a disability for the purposes of the Act.