PART 2The National Institute for Health and Care Excellence

NICE recommendations: appeals9

1

A person aggrieved by a recommendation described in paragraph (2) may bring an appeal against the recommendation on grounds described in paragraph (3).

2

A recommendation against which an appeal may be brought is—

a

a technology appraisal recommendation, or

b

a highly specialised technology recommendation.

3

The grounds on which an appeal may be brought are that—

a

in making the assessment that preceded the recommendation, NICE

i

failed to act fairly, or

ii

exceeded its powers; or

b

the recommendation is unreasonable in the light of the evidence submitted to NICE.