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The Litvinenko Inquiry

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<strong>The</strong> <strong>Litvinenko</strong> <strong>Inquiry</strong><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 />

considers it to be conducive to the <strong>Inquiry</strong> fulfilling its terms of reference and/or<br />

necessary in the public interest that such restrictions should be imposed.<br />

5 Otherwise than as is permitted by this Notice, no person, whether a member of the<br />

Core <strong>Inquiry</strong> Team or otherwise, may disclose or publish to any other person the<br />

Schedule to this Notice or any of the information contained in the documents identified<br />

in the Schedule to this Notice (“the Schedule material”). <strong>The</strong> Schedule to this Notice<br />

and the Schedule material are or refer to material which (i) was the subject of the<br />

Public Interest Immunity certificate issued by the Secretary of State for Foreign and<br />

Commonwealth Affairs and dated 7 February 2013 or (ii) had previously been shown<br />

to HM Assistant Coroner for Inner North West London during the course of the inquest<br />

into the death of Alexander <strong>Litvinenko</strong>.<br />

6 HMG advisers may disclose the contents of parts of the material referred to in the<br />

Schedule to this Notice to such other individuals and for such purposes as are<br />

identified in writing by the Minister to the Chairman.<br />

7 Save with the written agreement of the Minister, no reference shall be made by the<br />

Chairman to the Schedule material in any open ruling, judgment or report arising out<br />

of the <strong>Inquiry</strong>, or otherwise, unless it has been removed from the scope of this Notice<br />

by means of a letter under paragraph 15 below.<br />

Restrictions on Attendance at the <strong>Inquiry</strong> or part of the <strong>Inquiry</strong><br />

8 <strong>The</strong> restrictions referred to at paragraphs 9, 12, 13 and 14 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 />

considers it to be conducive to the <strong>Inquiry</strong> fulfilling its terms of reference and/or<br />

necessary in the public interest that such restrictions should be imposed.<br />

9 Save with the written consent of the Minister, no person, other than the Core <strong>Inquiry</strong><br />

Team, HMG advisers and any relevant witness, may attend any hearing of the <strong>Inquiry</strong><br />

at which any of the Schedule material is to be considered or referred to, or at which<br />

there is, in the judgment of the Chairman, any significant risk of reference being made<br />

to such material.<br />

10 Hearings at which such material may be considered or referred to, and which are<br />

subject to such restrictions, are to be referred to as “closed hearings”.<br />

11 <strong>The</strong> Minister may give consent, in accordance with paragraph 8 above, to the<br />

attendance at a closed hearing of persons other than those identified in paragraph 9,<br />

where the person concerned is a legal representative of the witness, the Chairman<br />

298

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