1.—(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—
[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 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.
Textual Amendments
F1Sch. 3 para. 1(4)(a) substituted (1.6.2011) by The National Health Service (Primary Dental Services) (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/1182), regs. 1, 15(2)
Marginal Citations