Vertical Markets

Explosive sales consultation

by Mark Rowe

In a consultation, the Home Office is proposing more controls on sales of explosives precursors and poisons under the Poisons Act 1972.

Suppliers would need to continue to verify licences and proofs of identity when selling regulated explosives precursors and poisons to members of the public. They would need to verify the status and intended use and register the details of the transaction when selling to a professional user or other supplier. Such details would include: proof of identity of an individual entitled to represent the business; their trade, business or profession; company name, address; VAT number; and the intended use.

The supplier would need to assess whether the intended use is consistent with the trade; and report suspicious transactions, within 24 hours of considering that a transaction or attempted transaction is suspicious; and train staff on the restrictions and reporting obligations. Online marketplaces would need to report suspicious transactions likewise.

The consultation, citing the 2017 Manchester Arena and Parsons Green terror attacks, suggests adding numerous substances to the lists of reportable and regulated precursors and poisons; introducing a requirement to report Suspicious Activity Reports (SARs) through an online portal hosted through gov.uk; and a requirement for retailers to provide currently held, relevant identifiable information (for example, name, email address, home address) involved in a suspicious transaction when making the suspicious activity report.

Home Secretary Priti Patel said: “The government already has robust controls in place for the sale of explosive substances and a strict licensing regime for the most dangerous chemicals. However, the recent attack in Liverpool was a stark reminder of how terrorists seek to do us harm. Public safety is my number one priority. It is therefore right that we should strengthen our controls to make it harder for terrorists to get their hands on dangerous substances, whilst not placing undue burden on businesses and those who require access to them for legitimate purposes.”

The consultation is running until March.

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