Persons to whom mandatory services or additional services are to be provided
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(1); 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—
(a)a person’s race, gender, social class, age, religion, sexual orientation, appearance, disability 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.