Faldingworth Defence Appeals HSE Variation Of Explosives Licence

Faldingworth Defence Limited has lodged an appeal against an HSE imposed variation to its explosives licence under the Explosives Regulations 2014. The appeal raises legal questions about the application of Regulation 16, enforcement of separation distances and the adequacy of HSE consultation and consideration of representations. An appointed reviewer will hear the case in August, with implications for licence holders and regulatory practice in the explosives sector.

Faldingworth Defence Limited has appealed to the Secretary of State for Work and Pensions against a decision by the Health and Safety Executive to impose a variation on its explosives licence under the Explosives Regulations 2014. The Secretary of State has appointed Andrew Kinnier KC to hear the appeal on his behalf and to make recommendations to inform the final determination.

The company sets out a number of grounds for appeal including that HSE has not identified any change in site circumstances since Exemption Certificates and explosives licences were issued to tenants that would prejudice health and safety, and therefore Regulation 16(1)(a) does not apply. Faldingworth also contends that some proposed changes fall outside the scope of Regulation 16(1)(a), that HSE did not give appropriate consideration to representations under Regulation 16(5), that enforcement of separation distances is contrary to the regulations, that HSE failed to consult on reasonable alternatives and that the imposed action is disproportionate and unnecessary.

The appeal will be heard in person at Henderson Chambers, 2 Harcourt Buildings, Temple, London EC4Y 9DB on 17, 18, 19, 20 and 21 August 2026. Persons wishing to attend or to apply to be heard should notify the Health and Safety Executive by 7 August 2026 either by email or by writing to Explosives licensing, 1.2 Redgrave Court, Merton Road, Bootle L20 7HS. Anyone applying to be heard must also serve on HSE a statement of their proposed submissions by 7 August 2026; those submissions will be shared with the appellant and the Secretary of State appointed person, who will decide the application to be heard.

The appeal is significant for the explosives sector and for regulatory practice because it raises core questions about when HSE may impose licence variations, how separation distances should be enforced and the level of consultation and proportionality required. Licence holders, tenants and dutyholders should note the issues highlighted and the procedural requirements for participation in the hearing.

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