Faldingworth Defence Appeals HSE Variation To Explosives Licence

Faldingworth Defence Limited is appealing an HSE imposed variation to its explosives licence under the Explosives Regulations 2014. The Secretary of State for Work and Pensions has appointed an independent person to hear the appeal. The case raises questions about the application of Regulation 16 and enforcement of separation distances, and an in person hearing is scheduled for mid August 2026.

Faldingworth Defence Limited has lodged an appeal with the Secretary of State for Work and Pensions against a variation imposed by the Health and Safety Executive on its explosives licence at Faldingworth Base, Spridlington Road LN8 3SQ. The Secretary of State has appointed Andrew Kinnier KC to hear the appeal and to make recommendations to inform the final determination.

The appellant’s grounds contend that the HSE has not identified any change in site circumstances since exemption certificates and licences were issued to tenants that would justify the variation, and that Regulation 16(1)(a) is not applicable. The appeal further argues that several of the proposed changes fall outside the scope of that regulation, that representations made under Regulation 16(5) were not properly considered, that enforcement of separation distances is contrary to the regulations, and that the proposed action is disproportionate and unnecessary. These issues are directly relevant to how Regulation 16 and the enforcement of separation distances are interpreted and applied in explosives licensing.

The appeal hearing will be held in person at Henderson Chambers, 2 Harcourt Buildings, Temple, London EC4Y 9DB on 17, 18, 19, 20 and 21 August 2026. Anyone wishing to attend or to apply to be heard must inform 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. Applicants who seek to be heard must also serve a statement of their proposed submissions on HSE by 7 August 2026; those statements will be shared with the appellant and the Secretary of State’s appointed person, who will decide which applications to hear.

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