Nurses and Midwives Act 2011

PART 13

Miscellaneous

102.

Privilege.

102.— (1) In any action for defamation, the following proceedings, reports and communications are absolutely privileged:

( a) proceedings of a Preliminary Proceedings Committee or of the Fitness to Practise Committee;

( b) communications by the Fitness to Practise Committee;

( c) reports of the Fitness to Practise Committee;

( d) communications by the Board of the steps taken under section 68 ; and

( e) any other communication made by—

(i) a committee pursuant to any of Parts 7, 8 and 9 in performing a function of the committee, or

(ii) the Board pursuant to any of Parts 7, 8 and 9 in performing a function of the Board.

(2) Subject to subsection (4), a document which relates to a nurse’s or midwife’s participation in a professional competence scheme, to the extent that it does so relate, shall not be admitted in evidence (whether by discovery or otherwise) in any civil proceedings except with the consent of the nurse or midwife concerned (in this section referred to as the “relevant consent”).

(3) No witness in any civil proceedings shall be obliged or permitted to disclose, in the absence of the relevant consent—

( a) subject to subsection (4), the contents of a document which relates to a nurse’s or midwife’s participation in a professional competence scheme to the extent that it does so relate, or

( b) subject to subsection (5), any deliberation, in relation to a nurse’s or midwife’s participation in a professional competence scheme, of a person.

(4) Neither subsection (1) nor subsection (3)(a) shall apply in the case of a document the subject of an allegation that it has not been made in good faith.

(5) Subsection (3)(b) shall not apply in the case of a deliberation the subject of an allegation that it has not been made in good faith.