PART 2The National Institute for Health and Care Excellence
Transitional provision – Appeal Panels17.
(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 submitted46,
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.