Basic information
Outline of the system
With certain limited exemptions, an authorisation is required for the acquisition of explosives.
With certain exemptions, importers must apply for a Transfer Document which authorises the transfer of the explosives into the UK. A Recipient Competent Authority (RCA) document is required for the domestic transfer of explosives.
Manufacturers or importers are required to mark most civil explosives with a unique identification code. Where it is required the unique identification code must be marked on (or in certain cases attached to) each individual item. Different marking requirements apply depending on the size of the explosive.
Those who wish to import explosives into the UK should ensure that the explosives have been assigned a hazard classification by a signatory to the European Agreement Concerning for International Carriage of Dangerous Goods by Road (ADR) and hold a Competent Authority Document (CAD), which specifies the hazard classification and any conditions in relation to the transport of the explosives.
Further information is available on the HSE website.
Product coverage
The provisions set out above apply to explosives as defined in The Explosives Regulations 2016. Explosive means (a) any explosive article or explosive substance which would (i) if packaged for transport, be classified in accordance with the United Nations Recommendations as falling within Class 1; or ii) be classified in accordance with the United Nations recommendations as (aa) being unduly sensitive or so reactive as to be subject to spontaneous reaction and accordingly too dangerous to transport, and (bb) falling within Class 1; or (b) a desensitised explosive.
For the purposes of transport and hazard classification this applies to articles and substances which would be classified in accordance with the United Nations Recommendations as falling within Class 1.
Please see Products "Civil explosives" HS Chapter 36
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Non-Automatic licensing to protect human, animal or plant life or health; protect environment; regulate the imports of arms, ammunition or fissionable materials and safeguard national security.
Products under restriction as to the quantity or value of imports
Licensing is not intended to restrict the quantity or value of imports. The purpose of licensing is to protect human, animal or plant life and health and to protect the environment.
Questions for products under restriction as to the quantity or value of imports
Not applicable.
The system applies to products originating from which country?
The system applies to goods originating in and coming from all countries.
Expected duration of licensing procedure
Ongoing
Legal requirements
Is the licensing statutorily required?
The licensing provisions are set out under the provisions of The Explosives Regulations 2016. (Specific arrangements for the importation of civil explosives into Northern Ireland in accordance with the requirements of European Directive No. 2014/28 relating to the making available on the market and supervision of explosives for civil uses continue to apply in NI by virtue of the Protocol on Ireland/Northern Ireland to the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community. In NI, these Directive requirements are transposed by The Making Available on the Market and Supervision of Transfers of Explosives Regulations (Northern Ireland) 2016 and The Identification and Traceability of Explosives Regulations (Northern Ireland) 2013.) Licensing is statutorily required, and the designation of products subjected to licensing is set out in the Regulations. The licensing provisions in the Explosives Regulations 2014 are unaffected by the amendments made by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 and The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020. These amendments are specific to the conformity assessment marking provisions of the regulations.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Licensing is statutorily required, and the designation of products subjected to licensing is set out in the Regulations.
Is it possible for the government to abolish the system without legislative approval?
It is not possible for the Government to abolish the system without legislative approval.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
All persons, firms and institutions are eligible to apply for licences. The system is restrictive insofar as the applicant for a licence must first apply for and obtain authorisation from the local police authority for a certificate to acquire or acquire and keep any relevant explosive. A certificate is issued to the applicant if the chief officer of police is satisfied that the applicant is a fit person.
Is there a registration fee?
Fees are payable for the issue of both the certificate and the licence.
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Health and Safety Executive - Great Britain lead/
Dept. of Justice - Northern Ireland lead
Address
Explosives Inspectorate, Redgrave Court, Merton Road, Bootle, Merseyside L20 7H
Telephone
Fax
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Health and Safety Executive - Great Britain lead/
Dept. of Justice - Northern Ireland lead
Documentation requirements
What information is required in applications?
Further detail on the information required in applications is available on the HSE website.
What documents is the importer required to supply with the application?
Window of submission of an application
How far in advance of importation must application for a licence be made?
Licences should be in place before explosives reach the UK Border and are imported. Further information is available on the HSE website.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
No. There are no limitations as to the period of the year during which application for licence and or importation may be made.
Issuing the license
Can a licence be granted immediately on request?
No. A licence cannot be granted immediately on request.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Applications for transfer documents, site codes and hazard classifications are generally processed within 1 month of receipt of all necessary information.
Which administrative body is responsible for approving application of licences?
Yes, the application is considered by a single administrative organ (Health and Safety Executive). Applications for import into NI are considered by the Department of Justice in Northern Ireland.
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
The conditions of each licence will be set out in the licence document.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Further detail on the fees payable for applications is available on the HSE website.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
Currently there is no fee when applying to transfer explosives into GB. Further details on the other fees that may be payable for applications is available on the HSE website.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
Are the reasons for any refusal given to applicants?
The reasons for any refusal are given to the applicant in writing.
Have applicants a right of appeal in the event of refusal to issue a licence?
There is no right of appeal against a refusal to grant a transfer document, site code or hazard classification, although refusal is extremely rare. Refusal will occur if the applicant is deemed unsuitable, does not have a certificate to acquire or keep explosives, or the site to which they want to transfer the explosives is not a licensed site.
If so, to what bodies and under what procedures?
Importation
Are there any limitations as to the period of year during which importation may be made?
No. There are no limitations as to the period of the year during which application for licence and or importation may be made.
What documents are required upon actual importation?
To apply for a GB Transfer, a company must supply us with a completed LP50 (GB Transfer form), with all relevant sections completed. They must also supply us with a valid Acquire & Keep Document and/or a Registered Firearms Dealer (RFD) document depending on what explosives they wish to transfer. All licences are required to import civil explosives.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
With certain limited exemptions authorisations are required for the acquisition, keeping, storage and/ or manufacture of explosives. Authorisations to acquire explosives are granted by the Police, while licences to store and/or manufacture explosives are granted by the Police, Local Authority or HSE, depending on the type and quantity of explosives. Both may be required before explosives can be lawfully kept in the UK. Applications for authorisations to acquire or acquire and keep explosives granted by the Police are subject to the time taken to complete all necessary security assessments. Licences for the manufacture and/or storage of explosives are subject to the time taken to undertake a full assessment of the proposed storage locations and suitability checks of the applicant. If an importer can arrange third party storage arrangements, then a licence to store may not be required before explosives are imported.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The period of validity of a licence depends on the type of licence and will be stated on the licence. Some licences can be renewed, through the application process.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
No, there is no penalty for the non-utilization of a licence or a portion of a licence.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences are not transferable between importers.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Not applicable.
Is a licence required as a condition to obtaining foreign exchange?
Not applicable.
Is foreign exchange always available to cover licences issued?
Not applicable.
What formalities must be fulfilled for obtaining the foreign exchange?
Not applicable.