104.— (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 under any of Parts 7, 8 and 9,

(b) communications by the Fitness to Practise Committee under section 67,

(c) reports of the Fitness to Practise Committee under section 69,

(d) communications by the Council under section 70, 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 Council pursuant to any of Parts 7, 8 and 9 in performing a function of the Council.

(2) Subject to subsection (4), a document which relates to a medical practitioner’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 medical practitioner (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 medical practitioner’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 medical practitioner’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.