Statute Details
- Title: Guns, Explosives and Weapons Control (Dealing in Certain Lower-risk Explosives — Class Licence) Order 2025
- Act Authorising Provision: Guns, Explosives and Weapons Control Act 2021, section 56
- Legislative Instrument Type: Subsidiary legislation (SL)
- Act Code: GEWCA2021-S378-2025
- Legislation Number: SL 378/2025
- Commencement: 1 July 2025
- Status / Version: Current version as at 27 Mar 2026
- Key Definitions: “defined lower-risk explosive”, “properly use”, “safety or life-saving equipment”, “classification code”, “UN Number”, “UNRTDG”
- Key Provisions: Sections 2 (definitions), 3 (application), 4 (trading and use), 5 (repairer/supplier of conveyance), 6 (general class licence conditions), 7 (conditions for larger quantities)
What Is This Legislation About?
The Guns, Explosives and Weapons Control (Dealing in Certain Lower-risk Explosives — Class Licence) Order 2025 (“the Order”) creates a class licensing framework for specified categories of lower-risk explosives. In practical terms, it allows certain persons and their employees to import, export, supply, acquire, store, and possess these defined lower-risk explosives without needing to apply for an individual licence for each regulated activity—provided they comply with the conditions set out in the Order and the underlying Weapons Control Act 2021.
The Order is part of a broader regulatory architecture under the Guns, Explosives and Weapons Control Act 2021 (“the Act”). It sits alongside other class licence orders, including one dealing with the transporting of lower-risk explosives. The legislative approach is to identify “lower-risk” explosives with defined characteristics and then regulate them through permission by class, rather than case-by-case licensing, while still imposing safeguards relating to proper use, security, and public safety.
Although the Order is limited to “defined lower-risk explosives”, it is still legally significant: it determines who may deal with these explosives, what activities are permitted, and what compliance steps must be taken—especially where quantities are larger.
What Are the Key Provisions?
Section 1 (Citation and commencement) confirms that the Order is the “Guns, Explosives and Weapons Control (Dealing in Certain Lower-risk Explosives — Class Licence) Order 2025” and that it comes into operation on 1 July 2025. For practitioners, this matters for determining whether conduct occurred under the new regime and for assessing compliance timelines.
Section 2 (Definitions) is central because the Order’s permissions depend on whether an item falls within the statutory categories. The definition of “defined lower-risk explosive” includes, in summary: (a) safety cartridges for industrial fastening tools (such as nail gun cartridges); (b) explosive substances contained in safety or life-saving equipment designed to activate the equipment; and (c) certain sparklers (wire/stick not exceeding 400mm, partially coated with explosive composition along one end, designed to be held or fixed), with a specific limitation where potassium perchlorate is present (not more than 3% of the admixture).
The definition of “properly use” is also important: it ties permitted conduct to the design purpose of the defined lower-risk explosive. This means that even if an item qualifies as a “defined lower-risk explosive”, the class licence conditions will be breached if it is used for an unintended purpose.
Section 2 also defines “safety or life-saving equipment” by reference to specific types and classification codes, including: air bag inflators/modules (classification code 1.4 UN number 0503), seatbelt pretensioners (same classification code), fire extinguishers of classification code 2.2 UN number 1044 containing a cartridge or squib, and evacuation slides/lift rafts or similar life-preserving devices required by written law (and foreign equivalents for foreign-registered conveyances). This is a targeted approach: only explosive-containing components within these enumerated equipment categories are covered.
Section 3 (Application) limits the Order’s reach. It does not extend to persons who are exempt under sections 87 or 88 of the Act. It also states that the application of paragraph 4 is subject to section 66(1) and (2)(c) of the Act. While the extract does not reproduce section 66, the drafting signals that there are overarching statutory constraints on how class licences operate, including possibly conditions, limitations, or procedural requirements that must be read together with this Order.
Section 4 (Trading and use of defined lower-risk explosive) is the core permission provision. It provides that every person is subject to a class licence authorising them to do all or any of the following activities in relation to defined lower-risk explosives: (a) import or export; (b) properly use; (c) supply; and (d) acquire and store or possess the explosives in connection with the person’s import/export, proper use, or supply activities.
Section 4(2) extends the class licence to individuals employed or engaged by the class licensee, authorising them to carry out, in the course of employment/engagement, the same activities that the class licence authorises the employer to do. For compliance practice, this means employers should ensure that only appropriately trained staff handle these explosives and that internal controls align with the scope of the class licence.
Section 5 (Repairer or supplier, etc., of conveyance) creates a separate pathway for businesses that repair or supply certain conveyance-related safety equipment. In the course of business, persons who (a) repair or take part in repairing safety or life-saving equipment, or (b) repair/supply/import/export a conveyance in which life-saving equipment is installed (or required to be installed), are subject to a class licence authorising them to acquire and store/possess, supply, and import/export the explosive substance or explosive device contained in that equipment.
This provision is particularly relevant to automotive and maritime supply chains, where airbag inflators, seatbelt pretensioners, fire extinguisher cartridges, and life-saving devices may be replaced or serviced. Section 5(2) similarly extends authorisation to employees/engaged individuals acting within the course of their work.
Section 6 (Class licence conditions: general) sets out the compliance obligations that apply to class licensees. The conditions include: (a) the class licensee only properly uses the defined lower-risk explosive; (b) the class licensee does not abandon any defined lower-risk explosive acquired or stored; (c) the class licensee takes all reasonable steps to ensure explosives are not lost or stolen and are not accessible and are not supplied or transferred to anyone not authorised under the Act to possess them; and (d) the class licensee takes all reasonable steps to protect other people from alarm relating to the class licensee carrying out any regulated activity authorised by the class licence.
For practitioners, the “all reasonable steps” standard is a key litigation and enforcement concept. It requires evidence of a risk-based compliance programme—e.g., secure storage, access controls, inventory reconciliation, staff vetting/training, and documented procedures for supply/transfer only to authorised persons.
Section 7 (Class licence conditions for larger quantities of defined lower-risk explosives) introduces quantity thresholds that trigger additional conditions. The extract indicates that where a class licensee has: (a) more than 5,000 rounds of safety cartridges for industrial fastening tools; or (b) a number of defined lower-risk explosives (or combination) containing a total mass (excluding packaging) of explosive substances exceeding 5 kilograms, the class licensee may carry out the regulated activity subject to additional conditions.
The remainder of section 7 is truncated in the provided extract, but the structure is clear: the law differentiates between routine, lower-volume dealings and higher-volume holdings, reflecting increased risk. Practitioners should obtain the full text of section 7 (and any related conditions) to ensure compliance where stock levels exceed the thresholds.
How Is This Legislation Structured?
The Order is structured as a short, targeted instrument with an enabling formula and seven main sections:
- Section 1 sets citation and commencement.
- Section 2 provides definitions that determine scope (including technical references to UN classification and specific item categories).
- Section 3 limits application, including interaction with exemptions and provisions of the Act.
- Section 4 establishes the general class licence for trading and proper use of defined lower-risk explosives.
- Section 5 establishes a class licence for repairers/suppliers of conveyances and safety/life-saving equipment.
- Section 6 sets general class licence conditions (proper use, non-abandonment, security, and preventing public alarm).
- Section 7 provides additional conditions where quantities exceed specified thresholds.
Who Does This Legislation Apply To?
The Order applies to every person who deals with the specified “defined lower-risk explosives” within the activities listed in section 4, unless the person is excluded by exemptions under the Act. It also applies to businesses involved in repairing or supplying conveyances and safety/life-saving equipment under section 5.
In addition, the Order applies to individuals employed or engaged by class licensees, but only to the extent that they carry out authorised activities in the course of employment/engagement. This means that corporate compliance is not sufficient on its own; operational staff must work within the scope of the class licence and under controls that satisfy the “reasonable steps” requirements.
Why Is This Legislation Important?
This Order is important because it operationalises a “class licence” approach for certain explosives that are commonly encountered in commercial and safety contexts—such as nail gun cartridges, airbag and seatbelt components, fire extinguisher cartridges, and specific types of sparklers. It reduces administrative friction by allowing authorised dealings without individual licensing, while still imposing enforceable conditions.
From a legal risk perspective, the most consequential issues are: (1) whether the item qualifies as a “defined lower-risk explosive” under the statutory definition; (2) whether the activity is within the permitted list (import/export/supply/acquire/store/possess/proper use); and (3) whether the class licence conditions are met—especially the security and transfer restrictions in section 6(c) and the “properly use” limitation in section 6(a).
For higher-volume operators, section 7’s thresholds (5,000 rounds; 5 kilograms total explosive substance excluding packaging) are likely to be a compliance trigger. Practitioners should advise clients to implement inventory tracking that can calculate total explosive substance mass (not merely packaging weight) and to review whether additional conditions apply once thresholds are exceeded.
Related Legislation
- Guns, Explosives and Weapons Control Act 2021 (authorising Act; relevant provisions include sections 56, 66, 87, 88, and the regulated activity framework)
- Guns, Explosives and Weapons Control (Transporting Lower‑risk Explosives — Class Licence) Order 2025 (referenced for the definition of “lower-risk explosive”)
Source Documents
This article provides an overview of the Guns, Explosives and Weapons Control (Dealing in Certain Lower-risk Explosives — Class Licence) Order 2025 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.