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The Litvinenko Inquiry

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RESTRICTION NOTICE No. 3<br />

Introduction<br />

Appendix 7 | Restriction Notices and Orders<br />

1 This Restriction Notice is made under section 19 of the Inquiries Act 2005 (“the Act”).<br />

2 For the purposes of this Restriction Notice, references to:<br />

a. “the <strong>Inquiry</strong>” are references to the “Alexander <strong>Litvinenko</strong> <strong>Inquiry</strong>”;<br />

b. “the Chairman” is a reference to the person appointed by the Minister to chair the<br />

<strong>Inquiry</strong> under section 4 of the Act, namely Sir Robert Owen;<br />

c. “the Minister” is a reference to the Secretary of State for the Home Department<br />

and, after the setting up of the <strong>Inquiry</strong>, to such other Government officials as are<br />

nominated by the Minister;<br />

d. “Core <strong>Inquiry</strong> Team” is a reference to the Chairman, counsel to the <strong>Inquiry</strong>, the<br />

solicitor to the <strong>Inquiry</strong> and such other persons as are agreed between the Minister<br />

and the Chairman and identified as such in writing;<br />

e. “HMG advisers” is a reference to counsel and solicitors, instructed on behalf of Her<br />

Majesty’s Government, and such other Government officials as are nominated by<br />

the Minister;<br />

f. “relevant witnesses” are references to witnesses whom the Chairman directs<br />

should be called to give evidence in a closed hearing as described in paragraphs<br />

9 to 12 below; and<br />

g. “open rulings, judgments or reports” are references to rulings, judgments or<br />

reports produced by the Chairman in the course, or at the conclusion, of the<br />

<strong>Inquiry</strong> which may be released to the public without risking harm to the public<br />

interest.<br />

h. “Closed hearings” are hearings of the <strong>Inquiry</strong> to which paragraphs 9 to 14 below<br />

apply.<br />

3 This Restriction Notice is to be read as imposing no restriction on the disclosure of<br />

any document or information:<br />

a. between members of the Core <strong>Inquiry</strong> Team for purposes connected with the<br />

<strong>Inquiry</strong>; or<br />

b. to the Minister or HMG advisers.<br />

Restrictions on the Disclosure or Publication of Evidence or Documents<br />

given, produced or provided to the <strong>Inquiry</strong><br />

4 <strong>The</strong> restrictions referred to at paragraphs 5 and 7 below are imposed:<br />

(i)<br />

as being required by the rule of law known as public interest immunity; and/or<br />

(ii) because the Minister, acting in accordance with section 19(3)(b) of the Act<br />

and having had regard, in particular, to the matters set out in s19(4) of the Act,<br />

303

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