16A. (1) Where, after a claim has been made by a consumer, the consumer or the insurer concerned becomes aware of information (including non‑factual information) that would either support or prejudice the validity of the claim—

(a) in a case in which the consumer has become aware of the information, the consumer shall disclose the information to the insurer, and

(b) in a case in which the insurer has become aware of the information, the insurer shall disclose the information to the consumer.

(2) Where the information referred to in subsection (1) is contained in a report prepared for the purposes of pending or contemplated civil proceedings—

(a) that subsection shall apply notwithstanding any enactment or rule of law by virtue of which the report would otherwise be subject to litigation privilege, and

(b) the consumer or insurer, as the case may be, in receipt of the report shall disclose the report within 60 days from the date of receipt.

(3) This section shall not affect the operation of any enactment or rule of law by virtue of which—

(a) a report prepared by a lawyer, or

(b) a communication between a lawyer and another person,

is privileged.

(4) In this section—

"claim" means a claim made under a contract of insurance;

"report" means a report, letter or statement—

(a) in draft or final form,

(b) in physical or electronic form,

(c) prepared by an accountant, actuary, architect, dentist, doctor, engineer, occupational therapist, psychologist, psychiatrist, scientist or other expert,

(d) which—

(i) has been procured by or on behalf of a consumer or insurer for the purposes of assessing the validity of a claim, or

(ii) contains information which either supports or prejudices a claim,

and

(e) which has been received by the consumer or insurer concerned,

and includes any maps, drawings, photographs, graphs, charts, calculations or other like matter referred to in any such report, letter or statement.]