{
  "url": "https://openlegislation.uk/national-health-service-general-dental-services-contracts-regulations-2005/schedule-3/paragraph-1",
  "json_url": "https://openlegislation.uk/national-health-service-general-dental-services-contracts-regulations-2005/schedule-3/paragraph-1.json",
  "legislation": "uksi/2005/3361",
  "legislation_title": "The National Health Service (General Dental Services Contracts) Regulations 2005",
  "legislation_url": "https://openlegislation.uk/national-health-service-general-dental-services-contracts-regulations-2005",
  "path": "schedule/3/paragraph/1",
  "kind": "paragraph",
  "number": "1",
  "heading": "Persons to whom mandatory services or additional services are to be provided",
  "text": "(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—\n(a) the person who requires the services; or\n(b) a person specified in sub-paragraph (2), on behalf of the person who requires those services.\n(2) For the purposes of sub-paragraph (1), a request for services may be made—\n(a) on behalf of any child by—\n(i) either parent;\n(ii) a person duly authorised by a local authority to whose care the child has been committed under the Children Act 1989 ; or\n(iii) a person duly authorised by a voluntary organisation by which the child is being accommodated under the provisions of that Act; or\n(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.\n(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.\n(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—\n(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\n(b) a person's decision or intended decision to accept or refuse private services in respect of himself or a family member.\n(5) Sub-paragraph (1) does not apply—\n(a) where the contractor is providing mandatory or additional services in a secure and detained estate; or\n(b) in any event to dental public health services.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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)"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "1989 c. 41."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2005/3361/schedule/3/paragraph/1",
    "retrieved_at": "2026-10-29T04:41:21.795162+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}