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The National Health Service (General Dental Services Contracts) Regulations 2005

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Persons to whom mandatory services or additional services are to be providedE+W

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1.—(1) Subject to sub-paragraphs (3) and (5), the contractor may agree to provide mandatory or additional services under the contract to any person if a request is made for such services by—

(a)the person who requires the services; or

(b)a person specified in sub-paragraph (2), on behalf of the person who requires those services.

(2) For the purposes of sub-paragraph (1), a request for services may be made—

(a)on behalf of any child by—

(i)either parent;

(ii)a person duly authorised by a local authority to whose care the child has been committed under the Children Act 1989 M1; or

(iii)a person duly authorised by a voluntary organisation by which the child is being accommodated under the provisions of that Act; or

(b)on behalf of any adult who is incapable of making such an application, or authorising such an application to be made on their behalf, by a relative or the primary carer of that person.

(3) The contractor may refuse to provide mandatory or additional services in relation to a person falling outside a specified group of persons only where the contract provides for the contractor to provide such services to a specified group.

(4) The contractor shall only refuse to provide services under the contract to a person if it has reasonable grounds for doing so which do not relate to—

[F1(a)a person’s age, sex (reassigned or otherwise), religion or belief, sexual orientation, race, cultural and linguistic background, any disability they may have, or medical or dental condition; or]

(b)a person's decision or intended decision to accept or refuse private services in respect of himself or a family member.

(5) Sub-paragraph (1) does not apply—

(a)where the contractor is providing mandatory or additional services in a prison; or

(b)in any event to dental public health services.

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