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10.—(1) The appeal panel by which an appeal brought under regulation 9 is to be heard must—
(a)consist of members appointed by NICE whose appointment has been agreed by the Secretary of State;
(b)contain a majority of members who are not members or employees of NICE; and
(c)include—
(i)a member who has experience in the life sciences industry;
(ii)a member who is a patient or carer or member of an organisation that represents patients or carers; and
(iii)a member who is engaged in the provision of health care(1) in the health services.
(2) A chair of the appeal panel must be appointed by NICE—
(a)from amongst the members who are not members or employees of NICE; and
(b)only if the appointment as a chair has been agreed by the Secretary of State.
“Health care” is defined in section 240(4) of the Act.
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