# The National Health Service (General Dental Services Contracts) Regulations 2005, Paragraph 1: Persons to whom mandatory services or additional services are to be provided

Extent: E+W

(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—
(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), 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 ; 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 contract to a person if it has reasonable grounds for doing so which do not relate to—
(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 or refuse 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 secure and detained estate; or
(b) in any event to dental public health services.

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Source: https://www.legislation.gov.uk/uksi/2005/3361/schedule/3/paragraph/1 (the official version)
Page: https://openlegislation.uk/national-health-service-general-dental-services-contracts-regulations-2005/schedule-3/paragraph-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

