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The National Institute for Health and Care Excellence (Constitution and Functions) and the Health and Social Care Information Centre (Functions) Regulations 2013
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- UK Statutory Instruments
- 2013 No. 259
- PART 2
- Regulation 17
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Transitional provision – Appeal Panels
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17.—(1) Where the Institute has made arrangements for an appeal, on the application of a person aggrieved by a recommendation made by the Institute on the grounds that the Institute—
(a)failed to act fairly,
(b)exceeded its powers, or
(c)formulated guidance which cannot reasonably be justified in the light of the evidence submitted(1),
but has not determined the application before the relevant date, paragraph (2) applies.
(2) Where this paragraph applies, on and after the relevant date—
(a)any Appeal Panel that has been appointed by the Institute to determine the application of a person aggrieved is to be treated as an appeal panel constituted in accordance with regulation 10; and
(b)NICE must make arrangements in accordance with regulation 11 for the determination of the application.
(1)
See paragraph 5 of the NICE 2005 Directions, as amended by the 2007 Directions.
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