Paragraph 1 Persons to whom mandatory services or additional services are to be provided
England and Wales
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—
the person who requires the services; or
a person specified in sub-paragraph (2), on behalf of the person who requires those services.
For the purposes of sub-paragraph (1), a request for services may be made—
on behalf of any child by—
either parent;
a person duly authorised by a local authority to whose care the child has been committed under the Children Act 1989 M1; or
a person duly authorised by a voluntary organisation by which the child is being accommodated under the provisions of that Act; or
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.
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.
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—
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
a person's decision or intended decision to accept or refuse private services in respect of himself or a family member.
Sub-paragraph (1) does not apply—
where the contractor is providing mandatory or additional services in a F2secure and detained estate; or
in any event to dental public health services.
Annotations
Textual amendments
- F1
Sch. 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, 8(2)
- F2
Words in Sch. 3 para. 1(5)(a) substituted (23.6.2026) by The National Health Service (Primary Dental Services and Dental Charges) (Amendment) (No. 2) Regulations 2026 (S.I. 2026/554), regs. 1(2), 4(2)(c)(i)
Marginal citations
- M1