SCHEDULE 3OTHER CONTRACTUAL TERMS

PART 1PATIENTS

Persons to whom mandatory services or additional services are to be provided1

1

Subject to sub-paragraphs (3) and (5), the contractor may agree to provide mandatory or additional services under the agreement 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)(b), 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 agreement to a person if it has reasonable grounds for doing so which do not relate to—

F1a

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 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.