OpenLegislation

Regulation 5 Grant of licences

F1(1A)

The Secretary of State may grant a licence to a person to deal with a tier 1 substance, subject to paragraph (1B).

(1B)

The Secretary of State may not grant a licence under paragraph (1A)—

(a)

to a person to supply ammonium nitrate or sodium chlorate to a member of the general public at a concentration higher than the corresponding limit value, or

(b)

to a member of the general public to deal with ammonium nitrate or sodium chlorate at a concentration higher than the corresponding limit value.

(1C)

In paragraph (1B) the references to supplying and dealing with ammonium nitrate or sodium chlorate at a concentration higher than the corresponding limit value include supplying or, as the case may be, dealing with a mixture or another substance if ammonium nitrate or sodium chlorate is present at a concentration higher than the corresponding limit value.

(1D)

In paragraphs (1B) and (1C) “corresponding limit value” means the limit value corresponding to the substance in column 2 of the table in Annex I to the Precursors Regulation.

(1E)

The Secretary of State may grant a licence to a member of the general public to deal with a tier 2 substance, subject to paragraph (1F).

(1F)

The Secretary of State may not grant a licence under paragraph (1E) for a tier 2 substance listed in the table in Annex I to the Precursors Regulation where—

(a)

that table indicates that licensing is not permissible, or

(b)

the concentration is higher than the upper limit value corresponding to the substance in column 3 of that table.

(2)

The Secretary of State may restrict the licence to one or more of the activities mentioned in regulation 3(3) or 4(3), as the case may be.

(3)

The term for which a licence is granted must not exceed 3 years, but this does not affect—

(a)

a person's right to apply for a further licence to take effect on expiry of that term; or

(b)

any power of the Secretary of State to amend, vary, suspend or revoke that licence before expiry of that term.

(4)

A licence may be granted subject to such terms and conditions as may be specified in the licence.

(5)

Before granting or amending a licence, the Secretary of State must consult the Chief Constable.

(6)

In deciding whether to grant or amend a licence, the Secretary of State must have regard to all the circumstances of the case, including in particular—

(a)

the intended use of the substance;

(b)

the availability of F2the substance at lower concentrations or alternative substances that would achieve the same purpose;

(c)

the proposed arrangements to ensure that the substance is kept securely;

(d)

any danger to public safety or public order that may be caused by the applicant dealing with the substance; and

(e)

whether the applicant is a fit and proper person to deal with the substance (and, in the case of an application by an organisation, whether the responsible person is a fit and proper person to be responsible for the substance).

(7)

But if there are reasonable grounds for doubting the legitimacy of the intended use of a substance or the intentions of the user to use it for a legitimate purpose, the Secretary of State must refuse the application so far as it relates to that substance.

F3(7A)

When having regard to whether the applicant or (as the case may be) the responsible person is a fit and proper person, the Secretary of State must have regard to any criminal convictions of the applicant or responsible person (including any criminal convictions in a member State).

(8)

A licence must—

(a)

be in a form approved by the Secretary of State; and

(b)

include a record of transactions for completion in accordance with regulations 12(7) and 13(3).

(9)

The Secretary of State may amend, vary, suspend or revoke any licence.

(10)

Where the Secretary of State makes a relevant decision, the Secretary of State must, as soon as reasonably practicable after the decision is made, send a notice to the affected person—

(a)

giving a brief description of the reason for the decision, unless it is not in the public interest to do so; and

(b)

informing the affected person of the right under regulation 7 to ask the Secretary of State to reconsider the decision.

(11)

In this regulation—

  • “affected person” means the applicant or, for a decision to vary, suspend or revoke a licence, the licence holder; and

  • “relevant decision” means a decision to—

    1. (a)

      refuse an application for a licence;

    2. (b)

      grant an application for a licence subject to any terms or conditions;

    3. (c)

      refuse an application to amend a licence;

    4. (d)

      grant an application to amend a licence subject to any terms or conditions; or

    5. (e)

      vary, suspend or revoke a licence.

Annotations

Textual amendments

F1

Reg. 5(1A)-(1F) substituted for reg. 5(1) (8.6.2026) by The Control of Explosives Precursors etc. (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/89), regs. 1(2), 8(a)

F2

Words in reg. 5(6)(b) inserted (8.6.2026) by The Control of Explosives Precursors etc. (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/89), regs. 1(2), 8(b)

F3

Reg. 5(7A) inserted (8.6.2026) by The Control of Explosives Precursors etc. (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/89), regs. 1(2), 8(c)