Space Industry Act 2018
This Act has effect for the purpose of regulating— carried out in the United Kingdom.
space activities,
sub-orbital activities, and
associated activities,
For the purposes of this Act, a person carries out a space activity or sub-orbital activity if the person causes it to occur or is responsible for its continuing.
In section 1 of the Outer Space Act 1986 (activities to which that Act applies)—
omit “whether carried on in the United Kingdom or elsewhere”;
at the end of the existing text (which becomes subsection (1)) insert—
In this Act—
“range control service provider” means a person providing range control services.
“the CAA” means the Civil Aviation Authority;
In this Schedule—
A charging scheme may— A charging scheme may provide that the charge for the performance of a particular function must not exceed an amount specified in the scheme. A charging scheme may specify factors to which the charging authority may or must have regard when ascertaining or determining the amount of a particular charge. A charging scheme may, in relation to each charge specified in it, specify— A charging scheme may specify different charges for different cases.
Where provision is made in a charging scheme for a charge to be paid in connection with the performance of a function by a charging authority, it is the duty of the charging authority to charge accordingly. But the charging authority may waive a charge (in whole or in part) if it thinks fit to do so in a particular case. This paragraph does not affect a charging authority’s power to enter into an agreement for the payment to it of charges in respect of the performance of functions in respect of which a charging scheme does not provide for the making of a charge.
In Article 53A of the Police and Criminal Evidence (Northern Ireland) Order 1989 (“qualifying offence” etc), at the end of paragraph (2) insert—
Schedule 8A to the Police Act 1997 (offences which must always be disclosed) is amended as follows. In the heading before paragraph 20, after “Aviation” insert “, spaceflight”. After paragraph 21 insert— The reference in sub-paragraph (1) above to Schedule 8A is to the Schedule inserted by article 3 of the Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial (No. 2) Order 2015 (S.S.I. 2015/423).
In Schedule 4 to the Criminal Justice Act 2003 (qualifying offences for purposes of section 62), after paragraph 33 insert—
In Schedule 2 to the Armed Forces Act 2006 (“Schedule 2 offences”), in paragraph 12, at the end insert—
operating a space object, or
“offence under this Act” includes an offence under regulations made under this Act but does not include an offence under Schedule 4.
This paragraph applies if a person served with a notice under paragraph 1 or 2 makes an objection, which has not been withdrawn, in accordance with the notice. Before making the relevant order, the Secretary of State must either— The Secretary of State may make the relevant order if he or she thinks it appropriate to do so after considering—
Immediately after the making of an order under section 41 that is not a land order, the Secretary of State must— A notice under sub-paragraph (1) must—
When an application is made, the appropriate court— The appropriate court is satisfied as required by this sub-paragraph if it is satisfied— The appropriate court may exercise its powers under sub-paragraph (1) either generally or insofar as the order (or any of its provisions) affects the applicant.
A person who has an interest in land the value of which is diminished in consequence of the coming into operation of an order under section 39 is entitled to recover compensation for the diminution from the person in whose favour the order was made.
If— the Secretary of State may make the relevant order.
no person served with a notice under paragraph 1 or 2 makes an objection in accordance with the notice, or
any such objections are withdrawn,
A person who has an interest in land to which an order under section 41 relates is entitled, if the value of the interest is diminished by the coming into operation of the order, to recover compensation for the diminution from the operator of the spaceport specified in the order.
Despite paragraphs 3 and 4, the Secretary of State—
may require a person to provide that person’s objections to a proposed order in writing;
may disregard a person’s objections for the purposes of paragraphs 3 and 4 if satisfied that the objections relate exclusively to matters that can be dealt with by the tribunal by whom compensation is to be assessed.
A statutory undertaker is not entitled to recover compensation under this Schedule in a case in which compensation is recoverable by the undertaker under Schedule 9.
The amount of the compensation, if not agreed, is to be assessed by the appropriate tribunal. “The appropriate tribunal”—
Where this paragraph applies, the Secretary of State may by order direct that a statutory undertaker is relieved from the fulfilment of an obligation either— This paragraph applies where, on the representation of a person carrying on a statutory undertaking, the Secretary of State is satisfied that, as a result of the making of an order under section 39 or 41, it is impracticable for the person to fulfil an obligation incurred in connection with the carrying on of the undertaking.
An order under paragraph 4 is subject to special parliamentary procedure. An order under paragraph 5 is subject to special parliamentary procedure if—
An appeal lies to a panel against a decision of the regulator or the Secretary of State— An appeal under this paragraph may be brought— In this paragraph “licence” means a licence under this Act or under the Outer Space Act 1986.
Where a person appeals to a panel and there is no appealable decision, the panel may not accept the appeal. Where the panel does not accept an appeal, it must— In this paragraph “appealable decision” means a decision from which an appeal lies to a panel under this Schedule.
Where it does not allow an appeal, a panel must confirm the decision appealed against. Where it allows an appeal, a panel must do one or more of the following— Where a panel allows only part of an appeal— A panel must not give a direction under this paragraph that requires a person to do anything that the person would not have power to do apart from this paragraph. A person to whom a direction is given under this paragraph must comply with it. A direction given under this paragraph is enforceable— In this paragraph “the relevant provisions”—
A panel may grant permission to intervene in an appeal only if it is satisfied—
“launch” is to be read in accordance with subsection (2);
It is an offence for a person unlawfully and intentionally— if the destruction, damage or interference is likely to endanger the safety of a UK-launched spacecraft in flight. This sub-paragraph applies to property used for or in connection with operating a spacecraft, including— It is also an offence for a person intentionally to communicate information that is false, misleading or deceptive in a material particular, if the communication of the information endangers, or is likely to endanger, the safety of a UK-launched spacecraft in flight. It is a defence for a person charged with an offence under sub-paragraph (3) to prove— In this paragraph “unlawfully” has the same meaning as in paragraph 2.
A constable who has reasonable cause to suspect that a person is intending to commit an offence under paragraph 1, 2, 3 or 4 in relation to a spacecraft may— It is an offence for a person intentionally to obstruct a constable acting in the exercise of a power conferred by sub-paragraph (1). Sub-paragraph (1) does not affect the operation in relation to an offence under this Act—
An application under paragraph 1 must be made within the period of six weeks beginning with the day on which the notice that the order has been made is published under paragraph 6(1)(a) or paragraph 8(1)(a) (as the case may be) of Schedule 6.
In this Schedule—
“the appropriate tribunal”—
in relation to Scotland, means the Lands Tribunal for Scotland;
in the case of land in England and Wales, means section 5 of the Land Compensation Act 1961;
in relation in Northern Ireland, means the Lands Tribunal for Northern Ireland;
Regulations must make provision for the establishment of one or more panels to consider appeals. In this Schedule— Regulations under sub-paragraph (1) may in particular make provision—
In section 89 of the Energy Act 2013 (provision of information or advice to relevant authorities), in subsection (8), after paragraph (h) insert—
an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales;
In Schedule 15 to that Act (specified offences for purposes of Chapter 5 of Part 12), after paragraph 63H insert—
For the purposes of assessing compensation under paragraph 1 or 2, the land compensation provisions (so far as applicable) have effect as they have effect for the purpose of assessing compensation for the compulsory acquisition of land, subject to any necessary modifications.
This subsection applies to—
a rocket or other craft that is capable of operating above the stratosphere;
a balloon that is capable of reaching the stratosphere carrying crew or passengers.
Space activities and sub-orbital activities are referred to in this Act as “spaceflight activities”.
The regulator must exercise the regulator's functions with regard to spaceflight activities with a view to securing public safety. That duty has priority over the application of subsections (2) and (3).
The regulator must exercise the regulator's functions under this Act in the way that the regulator thinks best calculated to take into account—
the interests of persons carried by spacecraft or carrier aircraft;
the requirements of persons carrying out spaceflight activities;
the interests of any other persons in relation to the use of land, sea and airspace;
the requirements of persons with interests in property carried by spacecraft;
any environmental objectives set by the Secretary of State;
the interests of national security;
any international obligations of the United Kingdom;
any space debris mitigation guidelines issued by an international organisation in which the government of the United Kingdom is represented.
If in a particular case there is a conflict in the application of the provisions of subsection (2), in relation to that case the regulator must apply them in whatever way the regulator thinks reasonable having regard to the provisions as a whole.
The regulator may do anything that is calculated to facilitate, or is conducive or incidental to, the performance of any of the regulator's functions under this Act.
The power in subsection (4) is subject to any restrictions imposed by or under any enactment.
In this Act—
“carrier aircraft” means an aircraft that is not capable of operating above the stratosphere and is used, or (as the case may be) is to be used, to carry a spacecraft;
a site at which controlled and planned landings of spacecraft take place or (as the case may be) are to take place;
Regulations may prescribe the meaning of “members of the public” for the purposes of any provision of this Act that refers to public safety. The regulations may provide that a person who is voluntarily in close proximity to a source of danger is not a member of the public for any such purposes.
A person must not (subject to the following provisions)— except under the authority of a licence under this section.
carry out spaceflight activities in the United Kingdom, or
operate a spaceport in the United Kingdom,
In this Act—
“offence” means an offence created by or under this Act;
In Schedule 5 to the Sexual Offences Act 2003 (other offences for purposes of Part 2), after paragraph 171B insert—
Section 20 of the Terrorism Act 2006 (interpretation of Part 1) is amended as follows. In subsection (2), at the end of the definition of “Convention offence” insert “(and see subsection (2A))”. After that subsection insert—
In Schedule 1 to the Criminal Justice (Northern Ireland) Order 2008 (serious offences), after paragraph 31A insert—
In Schedule 2 to that Order (specified offences), in Part 1, after paragraph 31A insert—
In subsection (2), the reference to a site in paragraph (b) of the definition of “spaceport” does not include an installation at sea that can be moved from place to place without major dismantling or modification.
A person does not require an operator licence to carry out, as employee or agent of another person, spaceflight activities that are authorised by an operator licence granted to that other person.
Regulations may make further provision for the purposes of this section, including in particular— “Licensee” here means the holder of a licence under this section.
provision prescribing eligibility criteria for a licensee;
provision requiring prescribed roles to be undertaken by individuals on behalf of a licensee.
A person who acts in contravention of subsection (1) commits an offence.
It is an offence for a person— for the purpose of obtaining a licence under this section (whether for the person making the statement or anyone else).
to make a statement that the person knows to be false in a material particular, or
recklessly to make a statement that is false in a material particular,
A person does not require an operator licence to carry out spaceflight activities in respect of which it is certified by Order in Council that arrangements have been made between the United Kingdom and another country to secure compliance with the international obligations of the United Kingdom.
Regulations may make provision for other activities or persons to be exempted, either by the regulations themselves or by the regulator, from the requirement to hold an operator licence, but only if the Secretary of State is satisfied that the requirement—
is not necessary to secure public safety,
is not necessary to secure the health and safety of individuals taking part in spaceflight activities in a role or capacity prescribed under section 17(1), and
is not necessary to secure compliance with the international obligations of the United Kingdom.
An exemption granted by or under the regulations may be for a limited period.
Regulations may—
make provision about the procedure in connection with the granting of an exemption by or under the regulations (including provision for applications);
make provision about the terms of an exemption or the conditions to which an exemption is subject;
make provision about the revocation or renewal of an exemption;
make provision for the enforcement of terms or conditions of an exemption;
provide that section 36 (obligation to indemnify government etc) does not apply to a person to the extent that the person is carrying out activities exempted by or under the regulations;
specify the maximum amount of a person's liability under that section so far as the liability relates to the carrying out of such activities.
In this Act “range” means a zone which (or two or more zones each of which) is subject to restrictions, exclusions or warnings for keeping it clear, at the relevant times, of— “Zone” here means a volume of airspace or an area of land or sea.
persons or things that might pose a hazard to spaceflight activities, and
persons or things to which spaceflight activities might pose a hazard.
Regulations may make provision about the range for spaceflight activities, including in particular—
provision as to matters to be taken into account in identifying the appropriate range;
provision imposing requirements on persons in relation to the operation of the range;
provision requiring a person providing range control services (see sections 6 and 7) to notify prescribed persons of spaceflight activities taking place within the range.
The power of the Secretary of State under section 66 of the Transport Act 2000 (air navigation: directions) to give directions to the CAA includes power to give directions imposing duties or conferring powers (or both) on the CAA with regard to the range for spaceflight activities.
For the purposes of this Act the following are “range control services”—
identifying an appropriate range for particular spaceflight activities;
co-ordinating arrangements for the activation and operation of the range;
obtaining all necessary information for identifying the range and for co-ordinating its activation and operation;
ensuring that notifications are issued for the protection of persons who might be put at risk by spacecraft or carrier aircraft within the range or in the vicinity of it;
monitoring the range, and the spacecraft or carrier aircraft for which it is provided, to ascertain—
whether the restrictions or exclusions to which the range is subject are complied with;
whether planned trajectories are adhered to;
communicating any failure to comply with those restrictions or exclusions, or to adhere to those trajectories, for the purpose of enabling any appropriate actions to be taken in response;
any prescribed services provided for the purposes of, or in connection with, services within any of paragraphs (a) to (f).
Services prescribed under subsection (1)(g) must relate to—
safety systems,
facilities or infrastructure (including facilities or infrastructure relating to ground control, communications, transport, power, handling of hazardous materials, environmental protection, emergency response or security),
planning, scheduling or co-ordination of activities or operations, or
meteorological information.
Range control services may be provided only by—
the Secretary of State, or
a person authorised to provide them by a range control licence.
In this Act—
A person on board a UK-launched spacecraft in flight who unlawfully, by the use of force or by threats of any kind, seizes the spacecraft or exercises control of it commits the offence of hijacking a spacecraft.
It is an offence for a person, by means of a device, substance or weapon, intentionally to commit at a spaceport an act of violence that— It is also an offence for a person, by means of a device, substance or weapon, unlawfully and intentionally— in such a way as to endanger or be likely to endanger the safe operation of the spaceport or the safety of persons at the spaceport. Sub-paragraphs (1) and (2) apply— In this paragraph “unlawfully” has the same meaning as in paragraph 2.
Proceedings for an offence under paragraph 1, 2, 3 or 4 may be instituted—
in England and Wales, only by or with the consent of the Attorney General;
in Northern Ireland, only by or with the consent of the Director of Public Prosecutions for Northern Ireland.
“operator licence” means a licence under this section authorising a person to carry out spaceflight activities;
A person does not require a range control licence to provide, as employee or agent of another person, range control services the provision of which is authorised by a range control licence granted to that other person.
Regulations may make provision for persons or services to be exempted, either by the regulations themselves or by the regulator, from the prohibition in subsection (1) on unlicensed persons providing range control services, but only if the Secretary of State is satisfied that the prohibition—
is not necessary to secure public safety,
is not necessary to secure the health and safety of individuals taking part in spaceflight activities in a role or capacity prescribed under section 17(1), and
is not necessary to secure compliance with the international obligations of the United Kingdom.
An exemption granted by or under regulations made under subsection (4) may be for a limited period.
Regulations may make further provision for the purposes of this section, including in particular—
provision prescribing eligibility criteria to be the holder of a range control licence;
provision about the circumstances in which, and the conditions subject to which, a person may be authorised to provide range control services for spaceflight activities carried out by that person;
provision for securing the independence of individuals involved in the provision of range control services from individuals involved in the spaceflight activities for which the services are provided;
provision as to how range control services are to be provided;
provision requiring prescribed roles to be undertaken by individuals on behalf of the holder of a range control licence;
provision imposing restrictions on the holder of a range control licence delegating the provision of range control services;
provision about the procedure in connection with the granting of an exemption by or under regulations made under subsection (4) (including provision for applications);
provision about the terms of an exemption or the conditions to which an exemption is subject;
provision about the revocation or renewal of an exemption;
provision for the enforcement of terms or conditions of an exemption.
The regulator may issue guidance about how the holder of a range control licence may comply with any safety requirements imposed by regulations under subsection (6).
A person who acts in contravention of subsection (1) commits an offence.
It is an offence for a person— for the purpose of obtaining a range control licence (whether for the person making the statement or anyone else).
to make a statement that the person knows to be false in a material particular, or
recklessly to make a statement that is false in a material particular,
Subject to the following provisions of this Act, the regulator may grant a licence under this Act if the regulator thinks fit.
The regulator may grant a licence under this Act only if satisfied that doing so—
will not impair the national security of the United Kingdom;
is consistent with the international obligations of the United Kingdom;
is not contrary to the national interest.
The regulator may not grant an application for a licence under this Act unless satisfied that—
the applicant has the financial and technical resources to do the things authorised by the licence, and is otherwise a fit and proper person to do them;
the persons who are expected to do, on the applicant's behalf, any of the things authorised by the licence are fit and proper persons to do them.
If the regulator is not the Secretary of State, the regulator may grant a licence under this Act only with the consent of the Secretary of State.
Regulations may make provision about how applications for licences are to be made, considered and determined.
The regulations may in particular prescribe, or provide for a person responsible for determining an application to specify—
the form and contents of an application for a licence;
information to be provided in connection with an application;
the procedure for rectifying procedural irregularities;
time limits for doing anything required to be done in connection with an application and the procedure for extending any period so prescribed.
The regulations may also provide for— by prescribed persons or persons of prescribed descriptions.
the inspection of sites, facilities, equipment, spacecraft, carrier aircraft and other vehicles, and
the obtaining of information (whether by inspecting documents, interviewing individuals or otherwise),
The regulator must not grant an application for an operator licence unless satisfied that the requirements in subsections (2) to (4) are met.
The applicant must have carried out an assessment of the risks to the health and safety of individuals who are to take part in a prescribed role or capacity in the activities to be authorised by the licence (a “risk assessment”).
The risk assessment must meet prescribed requirements.
As regards risks to the health, safety and property of persons not within subsection (2)—
the applicant must have taken all reasonable steps to ensure that those risks are as low as reasonably practicable;
the level of those risks must be acceptable.
Regulations may make provision about—
matters to be taken into account, and other requirements to be met, in carrying out risk assessments;
steps to be taken under subsection (4)(a);
how acceptable levels of risk are to be determined for the purposes of subsection (4)(b).
Regulations may require information to be provided to the regulator for the purposes of the regulator's functions under this section.
The Secretary of State may issue guidance about what an applicant may or must do in order for the regulator to be satisfied that the requirements in subsections (2) to (4) are met. Such guidance may also be issued by the regulator (if the regulator is not the Secretary of State).
In carrying out functions under this section, the regulator (if the regulator is not the Secretary of State) must have regard—
to any guidance given to the regulator by the Secretary of State as to how those functions are to be exercised;
to any guidance issued by the Secretary of State under subsection (7).
For the purposes of this Act, taking part in spaceflight activities includes being carried in a spacecraft or carrier aircraft without being involved in the operation of it.
The regulator must not grant an application for a spaceport licence unless satisfied that—
the applicant has taken all reasonable steps to ensure that risks to public safety arising from the operation of the spaceport are as low as reasonably practicable, and
any prescribed criteria or requirements are met.
This section applies to—
a spaceport licence;
an operator licence authorising launches of spacecraft or carrier aircraft.
The regulator may not grant an application for a licence to which this section applies unless the applicant has submitted an assessment of environmental effects.
In this section “assessment of environmental effects”—
in relation to a spaceport licence, means an assessment of the effects that launches of spacecraft or carrier aircraft from the spaceport in question, or launches of spacecraft from carrier aircraft launched from the spaceport, are expected to have on the environment;
in relation to an operator licence authorising launches of spacecraft or carrier aircraft, means an assessment of the effects that those launches are expected to have on the environment.
If or to the extent that the regulator directs, the requirement imposed by subsection (2) to submit an assessment of environmental effects may be met by submitting— The regulator may make a direction under this subsection only if satisfied that there has been no material change of circumstances since the previous assessment was prepared.
an equivalent assessment prepared previously in compliance with a requirement imposed by or under another enactment, or
an assessment of environmental effects prepared in connection with a previous application.
The regulator must take into account the assessment of environmental effects (including any assessment submitted as mentioned in subsection (4)) in deciding—
whether to grant a licence to which this section applies;
what conditions should be attached to such a licence under section 13.
The regulator must issue guidance about— Guidance under paragraph (a) may specify matters that are to be dealt with in an assessment of environmental effects only if the regulator so requires in a particular case.
the form, contents and level of detail of an assessment of environmental effects;
the time for submitting an assessment of environmental effects;
the circumstances in which the regulator will or may give a direction under subsection (4).
An operator licence may authorise the licensee to carry out—
any spaceflight activities, or
spaceflight activities of a particular description, or
one or more particular spaceflight activities.
An operator licence must specify a limit on the amount of the licensee's liability under section 36 in respect of the activities authorised by the licence.
A spaceport licence must identify the site in respect of which the licence is granted.
A spaceport licence may—
authorise the operator of the spaceport to carry out launch activities at the spaceport, or
authorise the use of the spaceport for the carrying out, by another person, of launch activities which that person is authorised to carry out by an operator licence.
In subsection (4) “launch activities” means— involving the launch of spacecraft or carrier aircraft.
spaceflight activities,
spaceflight activities of a particular description, or
one or more particular spaceflight activities,
A range control licence may authorise the licensee to provide—
any range control services, or
range control services of a particular description, or
particular range control services.
A licence under this Act may be granted subject to— that the regulator thinks appropriate.
any conditions of the kinds described in Schedule 1, or
any other conditions,
In that Schedule “specified” means specified, or of a description specified, in the licence.
Regulations may require particular conditions to be included in licences under this Act in particular cases or circumstances.
In deciding what conditions to include in a licence under this Act, the regulator may accept or recognise— In paragraph (a) “designated” means designated by the Secretary of State.
a licence, authorisation or approval, under the law of a designated country outside the United Kingdom, concerning a matter that is relevant to the regulator's decision, or
the outcome of any process undertaken in connection with an application for any such licence, authorisation or approval.
The Secretary of State must from time to time publish a list of the countries that are currently designated under subsection (4)(a).
In deciding what conditions to include in a licence under this Act, the regulator—
must consult the CAA (if the regulator is not the CAA);
must consult the Secretary of State (if the regulator is not the Secretary of State);
must consult the Health and Safety Executive (in the case of a spaceport in Great Britain) or the Health and Safety Executive for Northern Ireland (in the case of a spaceport in Northern Ireland);
must consult the Office for Nuclear Regulation;
must consult the Defence Safety Authority;
must consult whatever other persons the regulator thinks appropriate if the proposed licence gives rise to any issues regarding trade controls or national security.
Regulations may prescribe what the holder of a licence under this Act may or must do in order to comply with prescribed kinds of licence conditions.
It is an offence for the holder of a licence under this Act to fail to comply with a condition of the licence.
A licence under this Act may be granted for a period specified in the licence.
A licence under this Act granted for a specified period may be renewed by the regulator, on the application of the licensee, for a further specified period.
If the regulator is not the Secretary of State, the regulator must consult the Secretary of State before renewing a licence under this Act.
Sections 8 to 13, and other provisions of this Act about licences, apply in relation to the renewal of a licence as they apply in relation to the grant of a licence.
A licence under this Act may be transferred with the written consent of the regulator.
The regulator may consent to a licence being transferred to a person (“the transferee”) only if satisfied that—
consenting to the transfer—
will not impair the national security of the United Kingdom;
is consistent with the international obligations of the United Kingdom;
is not contrary to the national interest;
the transferee has the financial and technical resources to do the things authorised by the licence, and is otherwise a fit and proper person to do them;
the persons who are expected to do, on the transferee's behalf, any of the things authorised by the licence are fit and proper persons to do them.
The regulator may revoke, vary or suspend a licence under this Act—
with the consent of the licensee,
in accordance with the terms of the licence, or
where the regulator is satisfied it is necessary to do so—
in the interests of safety,
in the interests of national security,
to comply with any international obligation of the United Kingdom, or
otherwise in the national interest.
The regulator may revoke or vary a licence under this Act where it appears to the regulator that—
a condition of the licence has not been complied with, or
the licensee has failed to comply with, or to secure compliance with, obligations imposed under or by virtue of any enactment.
Where it appears to the regulator that an investigation or review is needed to ascertain whether or not— the regulator may vary or suspend the licence pending the outcome of the investigation or review.
it is necessary to revoke or vary a licence under subsection (3)(c), or
paragraph (a) or (b) of subsection (4) applies,
If the regulator is not the Secretary of State, the regulator must consult the Secretary of State—
before revoking a licence under this Act,
before varying such a licence (otherwise than under subsection (5)), or
before consenting to the transfer of such a licence.
The suspension, revocation or expiry of a licence does not affect the obligations of the licensee or former licensee under the conditions of the licence.
For the purposes of this section, varying a licence includes—
removing, varying or suspending a condition of a licence;
adding a new condition to a licence.
The Secretary of State may by regulations appoint the CAA or another person (the “appointed person”) to exercise any function conferred by or under this Act that is expressed (in whatever way) to be a function of the regulator.
A person may be appointed—
to exercise a function for particular purposes, in relation to particular activities or services or in relation to particular areas;
to exercise a function instead of, or concurrently with, the Secretary of State;
to exercise a function subject to conditions;
to exercise a function for a particular period.
More than one person may be appointed.
In sections 2 and 15 as they apply to an appointed person—
a reference to environmental objectives set by the Secretary of State is a reference to environmental objectives notified to the appointed person by the Secretary of State;
a reference to the interests of national security or international obligations of the United Kingdom is a reference to such interests or obligations that are notified to the appointed person by the Secretary of State.
The Secretary of State may give to an appointed person any directions that the Secretary of State considers to be necessary or expedient—
in the interests of national security, or
otherwise in the national interest.
If the CAA is appointed by virtue of this section to exercise functions under this Act, section 4 of the Civil Aviation Act 1982 (CAA's general objectives) does not apply in relation to its performance of those functions.
This section does not affect the Secretary of State's powers to enter into agreements or arrangements for the exercise by others of functions of the Secretary of State on his or her behalf.
In this Act (except in subsection (1)) “the regulator”—
in relation to functions that (by virtue of regulations under this section) are exercisable by an appointed person instead of the Secretary of State, means that person;
in relation to functions that (by virtue of those regulations) are exercisable by an appointed person concurrently with the Secretary of State, means that person or the Secretary of State;
in relation to functions that are not exercisable by an appointed person, means the Secretary of State.
The holder of an operator licence (the “licensee”) must not allow an individual to take part, in a prescribed role or capacity, in spaceflight activities carried out by the licensee unless the individual—
has signified his or her consent to accept the risks involved in those activities, and
fulfils prescribed criteria with respect to age and mental capacity.
Consent to accept the risks involved in spaceflight activities must be signified by signing a document (a “consent form”) that gives details of the risk assessment carried out for those activities under section 9.
Regulations may make—
provision about the form and content of consent forms;
provision about information to be given to individuals before they sign consent forms;
provision imposing evidential and procedural requirements with regard to the signification of consent.
It is an offence for a licensee to contravene subsection (1).
Regulations (referred to in this Act as “training regulations”) may make provision with respect to the training, qualifications and medical fitness of individuals—
taking part in, or otherwise engaged in connection with, spaceflight activities or the provision of range control services, or
working at sites used for or in connection with spaceflight activities or the provision of range control services.
Schedule 2 gives examples of particular kinds of provision that may be made by training regulations. That Schedule does not limit subsection (1).
The regulator may issue guidance about how a person carrying out spaceflight activities, operating a spaceport or providing range control services may comply with requirements imposed by training regulations.
The holder of a licence under this Act must not allow an unqualified individual— An individual is “unqualified” for the purposes of this subsection if he or she does not fulfil specified criteria with respect to training, qualifications and medical fitness.
to take part in, or to be otherwise engaged in connection with, activities authorised by the licence, or providing services the provision of which is authorised by the licence, in a specified role or capacity;
to work in a specified role or capacity at a site used for or in connection with the activities or services to which the licence relates.
In subsection (4) “specified” means specified in training regulations.
It is an offence for the holder of a licence under this Act to contravene subsection (4).
An individual commits an offence if— The individual is liable to be proceeded against and dealt with accordingly.
a person commits the offence in subsection (6), and
the person's commission of that offence is due to an act or default of the individual.
For the purposes of subsection (7) it does not matter whether or not proceedings are taken against the person committing the offence in subsection (6).
Regulations (referred to in this Act as “safety regulations”) may make provision for the purposes of—
securing the safe operation of spaceports and mission management facilities;
securing that spaceflight activities are carried out safely;
securing that the range for spaceflight activities enables the activities to be carried out safely.
Schedule 3 gives examples of particular kinds of provision that may be made by safety regulations. That Schedule does not limit subsection (1).
The regulator may issue guidance about how a person carrying out spaceflight activities, operating a spaceport or providing range control services may comply with requirements imposed by safety regulations.
In this Act “mission management facility” means a site (other than a spaceport) from which spaceflight activities are controlled or (as the case may be) are to be controlled.
Regulations may provide for the investigation of accidents, whether occurring in the United Kingdom or elsewhere, arising out of or in the course of spaceflight activities (including activities to which the Outer Space Act 1986 applies).
Regulations under this section may— This subsection does not limit subsection (1).
make provision corresponding to that which may be made by virtue of subsection (3) of section 75 of the Civil Aviation Act 1982 (investigation of accidents);
make provision entitling a person who incurs expenses in, or in connection with, carrying out an investigation under the regulations to recover those expenses from prescribed persons.
In this section “accident” includes any fortuitous or unexpected event by which the safety of any spacecraft or person is threatened.
This section does not limit the powers of any authority under sections 245 to 247 and sections 252 to 254 of the Merchant Shipping Act 1995.
The regulator may—
require a qualifying health and safety authority to provide any specified advice or assistance, to the regulator or any other person, in connection with any functions relating to safety that are conferred on the regulator by or under this Act;
authorise a qualifying health and safety authority to perform on behalf of the regulator any such functions that are specified.
In this section—
“spaceport official” means a person authorised by the licensee.
an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;
Before making an order under section 41 that is not a land order, the Secretary of State must publish a notice in whatever way the Secretary of State considers is best calculated to bring the proposed order to the notice of those persons who will be affected by it. A notice under sub-paragraph (1) must—
state that the Secretary of State proposes to make the order;
state the effect of the proposed order.
“spacecraft” means a space object, or a craft to which section 1(5) applies, that is used or (as the case may be) is to be used for the purpose of spaceflight activities.
The Secretary of State may by regulations prescribe fees payable in respect of anything dealt with by a panel under this Schedule. Regulations under this paragraph may, in particular, make provision about— Any prescribed fee must be reasonable and proportionate to the costs to which it relates. Fees payable under sub-paragraph (1) are recoverable summarily (or, in Scotland, recoverable) as a civil debt by the Secretary of State.
A requirement imposed under subsection (1)(a) to provide advice or assistance in connection with any function may be expressed so as to operate as a continuing requirement on the qualifying health and safety authority to provide advice or assistance in connection with that function.
Where under subsection (1)(a) the regulator— the authority may refuse to do so until the other person pays to the authority any reasonable charges in respect of the advice or assistance that the authority determines.
requires a qualifying health and safety authority to provide advice or assistance for a person other than the regulator, but
does not undertake to pay the authority the cost of doing so,
A qualifying health and safety authority is entitled to recover from the regulator a sum equal to any expense reasonably incurred by the authority—
in providing the regulator with advice or assistance in response to a requirement imposed under subsection (1)(a), or
in performing a function that the authority is authorised to perform under subsection (1)(b).
Regulations may prescribe functions that the regulator may not authorise a qualifying health and safety authority to perform under subsection (1)(b).
Schedule 4 (offences against the safety of spacecraft etc) has effect.
Regulations (referred to in this Act as “security regulations”) may make provision for the purpose of ensuring security in relation to—
spaceflight activities;
range control services;
activities associated with spaceflight activities or range control services;
sites and facilities used for or in connection with activities and services within paragraph (a), (b) or (c) (including sites and facilities used for training purposes);
spacecraft and their payloads.
Schedule 5 gives examples of particular kinds of provision that may be made by security regulations. That Schedule does not limit subsection (1).
The Secretary of State may issue guidance about how a person carrying out spaceflight activities, operating a spaceport or providing range control services may comply with requirements imposed by security regulations.
The Secretary of State by order may suspend the application of any requirement or restriction under security regulations in relation to an aerodrome occupied for the purposes of armed forces of the Crown.
The Secretary of State may make an order under subsection (4) only if satisfied that—
it is necessary to make the order because of the operational requirements of the armed forces of the Crown, and
the period of suspension under the order is as short as those requirements allow it to be.
The Secretary of State must—
give notice of an order under subsection (4) to the person in charge of the aerodrome in question, and
do what is reasonable to bring it to the attention of other persons likely to be affected by it.
An order under subsection (4) may make supplemental, incidental or transitional provision.
A person authorised by a spaceport licence to operate a spaceport (the “licensee”) may make byelaws regulating the use and operation of the spaceport, and the conduct of persons within it, for the purposes of ensuring security in relation to—
the spaceport;
spaceflight activities, and associated activities, carried out at the spaceport;
spacecraft and payloads at the spaceport.
Byelaws under this section (“spaceport byelaws”) may make provision— This subsection does not limit subsection (1).
for regulating vehicular traffic anywhere within the spaceport, except on roads within the spaceport to which the road traffic enactments apply, and in particular (with that exception) for imposing speed limits on vehicles within the spaceport and for restricting or regulating the parking of vehicles or their use for any purpose or in any manner specified in the byelaws;
for prohibiting or restricting access to any part of the spaceport;
for preserving order within the spaceport and preventing damage to property within it;
for requiring any person, if so requested by a constable or a spaceport official, to leave the spaceport or any particular part of it, or to state his or her name and address and purpose for being within the spaceport.
A spaceport official may not exercise a power under spaceport byelaws without producing written evidence of his or her authority if required to do so.
A constable may remove from a spaceport (or from any part of it)—
a person who fails or refuses to leave the spaceport (or part) after being requested to do so in accordance with a byelaw made by virtue of subsection (2)(d);
any vehicle, animal or thing brought to or left within the spaceport (or part) in contravention of a spaceport byelaw;
any vehicle, animal or thing likely to cause danger or obstruction.
Before a licensee makes spaceport byelaws that would apply in relation to any part of an airport in relation to which byelaws under section 63 of the Airports Act 1986 apply, the licensee must consult the person by whom the byelaws under that section were made (unless the licensee is that person).
Spaceport byelaws do not have effect until they are confirmed by the Secretary of State.
Schedule 3 to the Airports Act 1986 (further provision about byelaws) applies in relation to— as it applies in relation to airports, airport operators and byelaws under section 63 of that Act.
spaceports,
holders of spaceport licences, and
spaceport byelaws,
A person who contravenes a spaceport byelaw commits an offence and is liable on summary conviction to a fine not exceeding the amount specified by the byelaws in relation to the contravention.
The maximum fines that spaceport byelaws may specify by virtue of subsection (8) are fines of an amount at level 4 on the standard scale or of a lower amount.
The Secretary of State may by regulations revoke or vary a spaceport byelaw to the extent that it appears to the Secretary of State to be inconsistent with— Before exercising the power under this subsection the Secretary of State must consult the person by whom the byelaw was made.
the security of the spaceport, of spaceflight activities carried out at the spaceport or of spacecraft or payloads at the spaceport,
the safety of persons or vehicles using the spaceport, of spacecraft or of the general public,
the interests of national security, or
any international obligation of the United Kingdom.
In this section—
“injury or damage” means personal injury, death or physical damage;
It is an offence for a person unlawfully and intentionally— It is also an offence for a person unlawfully and intentionally— Sub-paragraphs (1)(a) and (b) and (2) apply where the UK-launched spacecraft or (in the case of sub-paragraph (2)(b)) the UK-launched carrier aircraft— Sub-paragraph (2) does not limit the circumstances in which the commission of an act— In this paragraph “unlawfully”—
It is an offence for a person to have with him or her an article to which sub- paragraph (2) applies— The articles to which this sub-paragraph applies are— In this Act “space site” means— It is a defence for a person charged with an offence under this paragraph to prove that he or she had lawful authority or a reasonable excuse for having the article in question with him or her. For the purposes of this paragraph, a person in a spacecraft is treated as having an article with him or her if— For the purposes of this paragraph, a person at a spaceport is treated as having an article with him or her if— Sub-paragraph (5) or (6)—
In this Schedule— For the purposes of this Schedule, the period during which a spacecraft or carrier aircraft is in flight is treated as including— References to a spacecraft or carrier aircraft having completed a flight are to be read accordingly.
The Secretary of State may make an order under this paragraph if satisfied, on the representation of a person carrying on a statutory undertaking, that it is expedient to do so in order to facilitate an adjustment of the carrying on of the undertaking necessitated by the making or proposed making of an order under section 39 or 41. An order under this paragraph may extend or modify the powers and duties of a statutory undertaker. An order under this paragraph may make provision— “Specified” means specified in the order. An order under this paragraph may contain incidental and supplementary provision. Sub-paragraphs (3) and (4) do not limit sub-paragraph (2).
Where no objection is made under paragraph 6, or all objections are withdrawn, the Secretary of State may make the relevant order. If an objection is made under paragraph 6 and not withdrawn—
Where land is damaged— the relevant person must pay just compensation to the persons interested in the land. In this paragraph “the relevant person” means— Where any dispute arises— the dispute is to be referred to and determined by the appropriate tribunal (see paragraph 2(2)).
An appeal to a panel may be brought only with the panel’s permission. An application for permission to appeal under this Schedule may be made only by a person who, if permission is granted, will be entitled to bring the appeal. An application for permission to appeal under this Schedule must be made within the prescribed period.
A panel may allow an appeal only to the extent that it is satisfied that the decision appealed against was wrong on one or more of the following grounds—
that the decision was based on an error of fact;
that the decision was wrong in law;
that an error was made in the exercise of a discretion.
A panel must determine an appeal within whatever period is prescribed (if any).
“sea”, in relation to the United Kingdom, includes the territorial sea adjacent to the United Kingdom;
In the application of this section to spaceports in Northern Ireland—
a reference to section 63 of the Airports Act 1986 is to be read as a reference to Article 18 of the Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1));
a reference to Schedule 3 to that Act is to be read as a reference to Schedule 4 to that Order.
A regulator to which this section applies may, in response to a request from— provide advice or assistance, to the person making the request, about any matter that is relevant to the exercise of the regulator's functions for the purpose mentioned in subsection (2).
the holder of a licence under this Act, or
an associated company of the holder of such a licence,
This section applies to a person appointed by regulations under section 16 to exercise functions for the purpose of ensuring security in relation to any activity, service, site, facility or other thing mentioned in section 23(1).
The Secretary of State may—
provide advice or assistance to any persons in connection with measures that they are required to take by directions given in the interests of national security under section 28;
provide any advice or assistance to specified persons that the Secretary of State considers appropriate for the purpose mentioned in subsection (2).
In providing advice or assistance under subsection (3)(b), the Secretary of State must have regard to any advice given by a regulator under subsection (1).
The power under subsection (1) is in addition to any other duty or power of the regulator to provide advice or assistance.
The powers under subsection (3) are in addition to any other duty or power of the Secretary of State to provide advice or assistance.
A person who incurs expense in providing advice or assistance under this section to another person is entitled to recover that expense from the other person to the extent that the amount of it is reasonable.
The regulator is responsible for monitoring— for the purposes set out in subsection (2).
spaceflight activities,
the operation of spaceports,
the provision of range control services by holders of range control licences, and
associated activities,
Those purposes are—
securing compliance with the provisions contained in and made under this Act, the conditions of licences under this Act and the international obligations of the United Kingdom;
protecting public safety and the national security of the United Kingdom.
Regulations may for any of those purposes—
require information to be provided to the regulator by a person who—
carries out spaceflight activities,
operates a spaceport,
occupies land forming part of a spaceport or is allowed access to such land for the purposes of the activities of a business carried on by the person,
provides range control services under a range control licence, or
carries out associated activities;
provide for the inspection of sites, facilities, equipment, spacecraft, carrier aircraft and other vehicles;
make provision for the inspection of records and documents (including provision about the production of documents, the making available in legible form of information held otherwise than in legible form, the making of copies, the removal of documents for the purpose of inspection and their retention for that purpose for a reasonable period);
provide for the appointment of inspectors;
make provision about the powers and duties of inspectors appointed under the regulations;
provide for the sharing of information between the regulator and other public authorities or international organisations responsible for regulating any aspect of spaceflight activities;
restrict the disclosure of information obtained or shared under the regulations.
The regulator—
may investigate offences under this Act or under regulations made under this Act, and
except in Scotland, may prosecute such offences.
This section applies where it appears to the regulator that a person is carrying out spaceflight activities, operating a spaceport or providing range control services—
without an authorisation required by this Act,
in contravention of the conditions of a licence under this Act, or
in contravention of any provisions contained in or made under this Act.
The regulator may give any directions to that person that appear to be necessary in the interests of safety or for the purposes of securing compliance with—
the conditions of a licence,
provisions contained in or made under this Act, or
the international obligations of the United Kingdom.
The regulator may give to a regulated person whatever directions the regulator considers to be necessary or expedient in the interests of health or safety.
The Secretary of State may give to the regulator (if the regulator is not the Secretary of State) a direction requiring the regulator (according to the circumstances of the case) to do, or not to do, a particular thing specified in the direction, if the Secretary of State considers it necessary or expedient to give the direction in the interests of—
health or safety,
spaceflight security,
national security, or
relations with a country or territory outside the United Kingdom.
The Secretary of State may give to a regulated person, or to particular kinds of regulated person or regulated persons generally, whatever directions of a general character the Secretary of State considers to be necessary or expedient in the interests of—
health or safety,
spaceflight security,
national security, or
relations with a country or territory outside the United Kingdom.
The Secretary of State may give to a regulated person a direction requiring the person (according to the circumstances of the case) to do, or not to do, a particular thing specified in the direction, if the Secretary of State considers it necessary or expedient to give the direction in the interests of—
health or safety,
spaceflight security,
national security, or
relations with a country or territory outside the United Kingdom.
Before giving a direction under subsection (4) requiring a person to revoke or vary a byelaw under section 24, the Secretary of State must consult the person by whom the byelaw was made.
In this section “spaceflight security” means—
the protection of spacecraft and space sites, and of persons or property on board spacecraft and at space sites, against acts of violence;
the protection of spaceflight activities against acts of unlawful interference that jeopardise the security of those activities.
In subsection (6)(a) “act of violence” means an act (whether actual or potential, and whether done or to be done in the United Kingdom or elsewhere)— A “relevant offence” is an offence of murder, attempted murder, manslaughter, culpable homicide or assault, or an offence under section 18, 20, 21, 22, 23, 24, 28 or 29 of the Offences against the Person Act 1861, under section 2 of the Explosive Substances Act 1883 or under section 1 of the Criminal Damage Act 1971 or, in Scotland, an offence of malicious mischief.
that is done in Great Britain and constitutes a relevant offence, or
that would constitute a relevant offence if done in Great Britain.
In this Act “regulated person” means—
the holder of a licence under this Act, or
a person who would be required to hold a licence under this Act but for section 4 or section 7(4).
The Secretary of State may give to a regulated person, or an associated company of a regulated person, a direction requiring that person or company (according to the circumstances of the case)— if the Secretary of State considers it necessary or expedient to give the direction in order to discharge or facilitate the discharge of any international obligation of the United Kingdom.
to do, or not to do, in connection with any spaceflight activities or range control services that the regulated person or associated company is authorised or permitted to carry out or provide, a particular thing specified in the direction, or
to secure that a particular thing specified in the direction is done or not done in connection with any such activities or services,
A body corporate is treated for the purposes of this section as an associated company of a regulated person if—
that body or the regulated person is a body corporate of which the other is a subsidiary, or
both of them are subsidiaries of the same body corporate.
Where the regulator is not the Secretary of State—
the regulator must consult the Secretary of State before giving a direction under section 27 or 28(1);
the Secretary of State must consult the regulator before giving a direction under section 27, 28 or 29.
Before giving a direction under section 27, 28 or 29 to a particular person the regulator or the Secretary of State must consult that person.
Before giving a direction under section 28(3) to particular kinds of regulated persons the Secretary of State must consult all regulated persons of those kinds.
Before giving a direction under section 28(3) to regulated persons generally the Secretary of State must consult all regulated persons.
In an urgent case, this section requires consultation only to the extent (if any) that it is practical.
A power to give directions under section 27, 28 or 29 (other than the power under section 28(2)) includes power to give any directions that appear necessary to bring about—
the cessation of any activities, or
the disposal of any object or material that is being, has been or is to be used in connection with any spaceflight activities.
A person must not disclose, and is not required by virtue of any enactment or otherwise to disclose, any direction given or other thing done by virtue of section 28 or 29 if the Secretary of State has notified the person that the Secretary of State is of the opinion that disclosure of that direction or thing—
is against the interests of national security or of relations with a country or territory outside the United Kingdom, or
is against the commercial interests of some other person.
It is an offence for a person—
to fail to comply with a direction under section 27, 28 or 29;
to disclose, in contravention of subsection (2), any direction given, or other thing done, by virtue of section 28 or 29.
Compliance with a direction under section 27, 28 or 29 may, without prejudice to subsection (3)(a) or other means of enforcement, be enforced on the application of the person who gave the direction—
by injunction, or
in Scotland, by interdict or by order under section 45 of the Court of Session Act 1988.
A direction given under section 27, 28 or 29 must be kept under review by the person who gave it.
A justice of the peace may issue an enforcement warrant if satisfied by information on oath that—
there are reasonable grounds for believing that a person is carrying out spaceflight activities, operating a spaceport or providing range control services—
without an authorisation required by this Act, or
in contravention of the conditions of a licence under this Act, or
in contravention of any provisions contained in or made under this Act,
a direction has been given under section 27, and
there are reasonable grounds for believing that the direction has not been complied with, or that a refusal to comply with such a direction is likely.
A justice of the peace may also issue an enforcement warrant if satisfied by information on oath that—
a direction has been given under section 28, and
there are reasonable grounds for believing that the direction has not been complied with, or that a refusal to comply with such a direction is likely.
A justice of the peace may also issue an enforcement warrant if satisfied by information on oath that—
the regulator needs access to premises in order to do anything that the regulator or an inspector is permitted to do under—
regulations made under section 26, or
a condition of a licence under this Act, and
the holder of the licence is refusing to allow the regulator that access.
An enforcement warrant is a warrant authorising a named person to do anything necessary—
to secure the health or safety of persons;
to secure compliance with the international obligations of the United Kingdom;
to secure compliance with the conditions of a licence under this Act;
to secure compliance with any provisions contained in or made under this Act.
An enforcement warrant must specify the action authorised.
An enforcement warrant may authorise entry on to specified premises at any reasonable hour and on production, if so required, of the warrant.
The powers conferred by an enforcement warrant include—
power for the named person to take with him or her any person authorised by the Secretary of State or, if the named person has reasonable cause to believe that he or she is likely to be obstructed, a constable;
power to use reasonable force, if necessary.
An enforcement warrant remains in force for a period of one month from the date of its issue.
It is an offence intentionally to obstruct a person in the exercise of powers conferred by an enforcement warrant.
In the application of this section to Scotland—
a reference to a justice of the peace is to be read as a reference to a sheriff or summary sheriff;
a reference to information is to be read as a reference to evidence.
In the application of this section to Northern Ireland—
a reference to a justice of the peace is to be read as a reference to a lay magistrate;
a reference to information is to be read as a reference to a complaint.
The Secretary of State may grant an enforcement authorisation if satisfied—
that the conduct or the expected conduct of persons involved in or associated with spaceflight activities that are being carried out, or are about to be carried out, gives rise to—
a serious risk to national security,
a serious risk of contravention of any international obligation of the United Kingdom, or
a serious risk to the health or safety of persons, and
that the case is one of urgency.
An enforcement authorisation is an authorisation by which a named person is authorised to do anything necessary—
for protecting the national security of the United Kingdom (where subsection (1)(a)(i) applies);
for securing compliance with the international obligations of the United Kingdom (where subsection (1)(a)(ii) applies);
for protecting the health or safety of persons (where subsection (1)(a)(iii) applies).
The Secretary of State may grant an enforcement authorisation to a person only if satisfied that the person is suitably qualified to carry out the action to be authorised by it.
An enforcement authorisation—
must be in writing;
must specify the action authorised.
An enforcement authorisation may authorise entry on to specified premises at any time and on production, if so required, of the authorisation.
The powers conferred by an enforcement authorisation include—
power for the named person to take with him or her a person authorised by the Secretary of State or, if the named person has reasonable cause to believe that he or she is likely to be obstructed, a constable;
power to use reasonable force, if necessary.
An enforcement authorisation remains in force for 48 hours from the time when it is granted.
It is an offence intentionally to obstruct a person in the exercise of the powers conferred by an enforcement authorisation.
No liability arises in trespass or nuisance in respect of spaceflight activities carried out in compliance, or substantially in compliance, with the requirements and conditions imposed by or under this Act.
Where injury or damage is caused to persons or property on land or water in the United Kingdom or in the territorial sea adjacent to the United Kingdom, or to aircraft in flight over any such land, water or sea, or to persons or property on board any such aircraft— damages in respect of the injury or damage are recoverable without proof of negligence or intention or other cause of action, as if the injury or damage had been caused by the wilful act, neglect, or default of the operator.
by any craft or space object being used by a person (“the operator”) for spaceflight activities,
by anything falling from such a craft or object, or
by any person in such a craft,
Subsection (2) does not apply to—
injury or damage sustained by an individual of a prescribed description taking part in, or otherwise engaged in connection with, the spaceflight activities;
injury or damage caused or contributed to by the negligence of the person by whom it is sustained.
Where— the operator is entitled to be indemnified by that other person against any claim in respect of the injury or damage.
injury or damage is caused as mentioned in subsection (2),
damages are recoverable from the operator in respect of the injury or damage only by virtue of that subsection, and
a person other than the operator is liable in respect of the injury or damage,
Regulations may make provision for an operator licence to specify a limit on the amount of the licensee's liability (under this section or otherwise) in respect of injury or damage that—
arises out of spaceflight activities carried out by the licensee, and
is sustained in prescribed circumstances or by persons of prescribed descriptions.
Regulations under subsection (5) may provide for the limit on the amount of a particular licensee's liability to be determined by the regulator in accordance with the regulations.
Subsections (2) and (3) apply where—
injury or damage is sustained by a person as a result of spaceflight activities carried out by the holder of an operator licence (“the licensee”),
that person is not an individual of a prescribed description taking part in, or otherwise engaged in connection with, those activities, and
the licensee is liable to that or some other person (“the claimant”) in respect of the injury or damage.
If the liability amount exceeds the insurance amount, the Secretary of State may indemnify the licensee in respect of the difference. In this subsection—
“the liability amount” means the amount of the licensee's liability (as limited by or under regulations made under section 34(5), if it is so limited);
“the insurance amount” means the amount for which the licensee is insured in respect of that liability (or, if a condition imposed by virtue of paragraph 35(a) of Schedule 1 requires the licensee to be insured for a greater amount in respect of it, that greater amount).
The Secretary of State must indemnify the claimant in respect of any difference between—
the amount of the licensee's liability as limited by or under regulations made under section 34(5), and
what the amount of that liability would be but for the regulations.
The Secretary of State is entitled—
to participate in legal proceedings concerning a liability in relation to which a power under subsection (2) or duty under subsection (3) might arise, or
to direct the conduct of the case of a person alleged to be liable in such proceedings.
Regulations may—
prescribe limits on the amounts that the Secretary of State may or must pay under subsection (2) or (3);
prescribe cases or circumstances in which the Secretary of State's power under subsection (2) or duty under subsection (3) does not arise;
make provision supplementing subsection (4).
A person carrying out spaceflight activities must indemnify— against any claims brought against the government, or the person or body, in respect of damage or loss arising out of or in connection with those activities.
Her Majesty's government in the United Kingdom, or
a person or body listed in subsection (2),
The listed persons and bodies are—
an appointed person;
the Health and Safety Executive;
the Health and Safety Executive for Northern Ireland;
the Office for Nuclear Regulation;
a body or person prescribed under section 21(2);
a public authority with whom arrangements are made under section 64.
Subsection (1)—
is subject to the limit specified under section 12(2) on the amount of a licensee's liability, except in prescribed cases or circumstances;
is subject to regulations under section 4(4)(e) or (f).
The obligation in subsection (1) does not apply—
to a person carrying out spaceflight activities as an employee or agent of a person who is authorised to carry them out by an operator licence, or
in relation to damage or loss resulting from anything done on instructions given by or on behalf of the regulator.
A person or body to whom this section applies is not liable (whether in negligence, for breach of statutory duty or on any other basis) to any person—
for taking or failing to take any relevant actions, or
for the way in which the person or body takes any relevant actions.
This section applies to—
the Secretary of State;
the regulator (if the regulator is not the Secretary of State);
the CAA (if not an appointed person);
the Health and Safety Executive;
the Health and Safety Executive for Northern Ireland;
the Office for Nuclear Regulation;
a body or person prescribed under section 21(2);
a public authority with whom arrangements are made under section 64.
In subsection (1) “relevant actions” means actions in relation to, or in connection with, spaceflight activities or activities associated with spaceflight activities.
This section does not apply to liability in respect of wilful misconduct or gross negligence.
For the purposes of subsection (4) there is “gross negligence” on the part of a person or body if—
the person or body is in breach of a duty of care owed under the law of negligence, and
the conduct constituting that breach falls far below what can reasonably be expected of the person or body in the circumstances.
Regulations may require holders of licences under this Act and other persons engaged in spaceflight activities to be insured in respect of prescribed risks and liabilities. The regulations may prescribe—
matters to be covered by the insurance;
matters that may, or may not, be excluded from the cover required;
the amounts of cover required.
Regulations made with the consent of the Treasury may provide for insurance or reinsurance to be made available by the Secretary of State for the purpose of enabling persons to comply with—
any requirements imposed on them by regulations under subsection (1);
any requirements about insurance imposed by licence conditions.
The Secretary of State may make arrangements with any person, on whatever terms the Secretary of State thinks appropriate, for the purpose mentioned in subsection (2).
Arrangements under which insurance or reinsurance is made available by the Secretary of State may not be made under subsection (3), but only in accordance with regulations under subsection (2).
Arrangements under subsection (3) may include—
the provision of an indemnity or guarantee;
the making of grants.
The Secretary of State must lay before Parliament a statement about arrangements made under subsection (3), as soon as reasonably practicable after they are made, setting out—
the persons for whose benefit the arrangements are made;
the nature of the arrangements;
the amount that may be required to discharge the Secretary of State's obligations under the arrangements.
While arrangements under subsection (3) continue, the Secretary of State must make a further statement about the arrangements, as soon as reasonably practicable after the end of each report period, setting out— The “report period” is the period of two years beginning with the day on which the statement under subsection (6) is laid before Parliament, and each subsequent period of two years.
any changes in the arrangements;
the amount that may be required to discharge the Secretary of State's obligations under the arrangements.
A reference in this Act to insurance includes a reference to a security that satisfies prescribed conditions. References in this Act to being insured, and to reinsurance, are to be read accordingly.
Sums received by the Secretary of State by virtue of subsection (2), or under arrangements made under subsection (3), are to be paid into the Consolidated Fund.
Sums required by the Secretary of State for fulfilling obligations by virtue of subsection (2), or under arrangements made under subsection (3), are to be paid out of money provided by Parliament.
The Secretary of State may make an order under this section if satisfied that it is appropriate to do so—
to secure the safe and efficient use for the carrying out of spaceflight activities of any land which is vested in a qualifying person or which a qualifying person proposes to acquire,
to secure the provision of any services required in relation to any such land, or
to secure that spacecraft and carrier aircraft may be navigated safely.
An order under this section may create any rights over, in or in relation to land in favour of a qualifying person.
In this section “qualifying person” means—
the Secretary of State;
the holder of a range control licence;
the holder of a spaceport licence.
The rights created under subsection (2) may include—
easements (in the case of land in England and Wales or Northern Ireland) or servitudes (in the case of land in Scotland);
rights to carry out and maintain works on any land;
rights to install and maintain structures and apparatus on, under or over any land.
An order under this section may—
include provision authorising persons to enter any land for the purpose of carrying out, maintaining, installing or removing any works, structures or apparatus;
make consequential, incidental and supplemental provisions.
A person must not, in exercise of a power conferred by an order under this section, enter any land that is occupied unless a notice has been served on the occupier of the land not less than seven days before the proposed day of entry.
The notice under subsection (6) must—
state the proposed date of entry;
specify the purposes for which entry will be made.
Subsection (6) does not restrict any right of any person to enter land—
in a case of emergency, or
for the purpose of performing any functions that are required to be performed in connection with the maintenance or use of any works, structures or apparatus.
The ownership of anything is not affected by reason only that it is placed on or under, or affixed, to any land in pursuance of an order under this section.
For the purposes of this section, a reference to carrying out works on land includes a reference to excavating the land or carrying out levelling operations on the land. A reference to maintaining works is to be read accordingly.
Part 1 of Schedule 6 makes further provision in relation to orders under this section.
An order under this section is subject to special parliamentary procedure if— “The relevant day” means the day specified in the notice served on the statutory undertaker under paragraph 1(1)(b) of Schedule 6 or (as the case may be) paragraph 2(1)(b) of that Schedule.
the order provides for the creation of any right over, in or in relation to land held by a statutory undertaker for the purposes of the carrying on of the undertaker's undertaking, and
the Secretary of State certifies, in response to a representation made by the statutory undertaker before the relevant day, that he or she is satisfied that the right could not be enjoyed without serious detriment to the carrying on of the undertaker's undertaking.
Whilst an order under section 39 is in force, a person must not, without the consent of the person in whose favour the order is made, interfere with—
any works carried out on any land under the order, or
anything installed on, under, over or across any land under the order.
A person who contravenes subsection (1) commits an offence.
A person who obstructs any person in the exercise of a power of entry conferred by an order under section 39 commits an offence.
Proceedings for an offence under this section may be instituted—
in England and Wales, only by or with the consent of the Secretary of State or the Director of Public Prosecutions;
in Northern Ireland, only by or with the consent of the Secretary of State or the Director of Public Prosecutions for Northern Ireland.
For the purposes of this section, a reference to the carrying out of works on land includes a reference to excavating the land or the carrying out of levelling operations on the land. A reference to interfering with works is to be read accordingly.
The Secretary of State may by order temporarily restrict or prohibit the use of a specified area of land or water as a place for the arrival and departure of aircraft or spacecraft if satisfied that it is appropriate to do so—
to secure that a specified launch or landing may be safely carried out at a specified spaceport, or
to prevent a specified launch or landing at a specified spaceport from endangering persons or property.
An order under subsection (1) may not restrict or prohibit the use of an area of tidal waters that is beyond those of the territorial sea adjacent to the United Kingdom.
An order under subsection (1) must specify the period, or periods, during which the use of the specified area of land or water is restricted or prohibited.
Schedule 6 makes further provision in relation to orders under subsection (1). In that Schedule—
Part 1 applies to orders under this section that do not prohibit or restrict the use of water (“land orders”);
Part 2 applies to orders under this section that are not land orders.
It is an offence to contravene a provision of an order under subsection (1).
An offence under subsection (5) committed on tidal waters outside the ordinary jurisdiction of a court of summary jurisdiction may be tried and punished by such a court as if it had been committed in the nearest part of the United Kingdom that is within the jurisdiction of such a court.
Subsection (6), as it applies in relation to Scotland, does not confer jurisdiction on any court of summary jurisdiction other than the sheriff court.
Proceedings for an offence under subsection (5) may be instituted—
in England and Wales, only by or with the consent of the Secretary of State or the Director of Public Prosecutions;
in Northern Ireland, only by or with the consent of the Secretary of State or the Director of Public Prosecutions for Northern Ireland.
In this section—
an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;
Where land is damaged in the exercise of a power conferred by an order under section 39, the person in whose favour the order was made must pay just compensation to the persons interested in the land.
This paragraph applies where the relevant person wishes to make representations to a panel in relation to an application under paragraph 5 for permission to appeal against a decision. The relevant person must make representations in writing within the prescribed period. The period prescribed for the purposes of sub-paragraph (2) must be one that ends after the end of the period prescribed for the purposes of paragraph 5(3). The relevant person must send a copy of the representations to the person who made the application for permission to appeal. In this paragraph “the relevant person” means the person who made the decision which is the subject of the appeal.
Regulations may make provision regulating the conduct and disposal of appeals. Regulations may make provision supplementing the provisions of this Schedule in relation to any application or requirement for which this Schedule provides. Regulations may in particular make provision— Regulations under this paragraph— Sub-paragraphs (2), (3) and (4)(a) do not limit sub-paragraph (1).
In Schedule 11 to the Land Registration Act (Northern Ireland) 1970 (matters requiring to be registered in the Statutory Charges Register), after paragraph 52 insert—
Section 38 of the Aviation Security Act 1982 (interpretation etc) is amended as follows. After subsection (1) insert— In subsection (5), after “subsection (1)” insert “or (1D)”.
In section 82 of the Airports Act 1986 (general interpretation), after subsection (1B) insert—
After section 48 of the Aviation and Maritime Security Act 1990 insert—
In section 70 of the Transport Act 2000 (general duty of CAA), in subsection (2), after paragraph (c) insert—.
Where land is damaged— the person in whose favour the order under section 39 was made must pay just compensation to the persons interested in the land.
in the exercise of a power conferred under section 42, or
in carrying out a survey for the purposes for which such a power is conferred,
Section 93 of that Act (control in time of hostilities etc) is amended as follows. In subsection (2)— In subsection (3)— In subsection (4)— In subsection (9), for “the CAA” substitute “a person within subsection (2)(a)”.
Section 94 of that Act (orders for possession of aerodromes etc) is amended as follows. In subsection (2)(a) and (b), after “aerodrome” insert “or spaceport”. In subsections (2)(b) and (3)(a), after “aircraft” insert “or spacecraft”.
Section 95 of that Act (sections 93 and 94: interpretation) is amended as follows. In subsection (1), after paragraph (c) insert—. In that subsection, after paragraph (d) insert—. In subsection (6)— After subsection (8) insert—
Where the Secretary of State has made, or is considering the making of, an order under section 39 the Secretary of State may authorise a person to enter any of the relevant land—
to carry out any survey that the Secretary of State requires to be carried out for the purpose of determining whether the order should be made, or
to carry out any survey that the person in whose favour the order was made, or is to be made, requires to be carried out for the purpose of any steps to be taken in consequence of the order.
An authorisation under subsection (1) must be in writing.
A person authorised under subsection (1)—
may enter the relevant land at any reasonable time for the purpose of carrying out the survey;
must, if asked, produce evidence of the person's authority to enter the land.
A person authorised under subsection (1) may demand admission as of right to any land that is occupied only if eight days' notice of the intended entry has been served on the occupier.
A person who obstructs a person authorised under subsection (1) in the exercise of a power under this section commits an offence.
Proceedings for an offence under this section may be instituted—
in England and Wales, only by or with the consent of the Secretary of State or the Director of Public Prosecutions;
in Northern Ireland, only by or with the consent of the Secretary of State or the Director of Public Prosecutions for Northern Ireland.
A proposal to make an order under section 39 or 41 may be challenged under paragraph 3 of Schedule 6 but may not otherwise be challenged in any legal proceedings.
An order under section 39 or 41 may be challenged under Schedule 7 but may not otherwise be challenged in any legal proceedings.
Subject to Schedule 7 and section 49(5), an order under section 39 or 41 becomes operative at the end of the period of six weeks beginning with the day on which the notice that the order has been made is published under paragraph 6(1)(a) or 8(1)(a) (as the case may be) of Schedule 6.
Schedule 8, which makes provision about compensation in connection with orders under sections 39 and 41 and powers of entry conferred under section 42, has effect.
Orders under section 39 are, when operative, local land charges in England and Wales.
In Scotland, where an order under section 39 becomes operative—
it must be registered in the Land Register of Scotland or (as the case may be) recorded in the Register of Sasines;
on being registered or recorded it is enforceable against any person having or subsequently acquiring any right in the land to which the order relates.
Where an order under section 39 affects land in Northern Ireland, it is to be included among the matters that are required to be registered in the Statutory Charges Register.
Schedule 9, which makes provision— has effect.
about the assessment of compensation payable to a statutory undertaker in consequence of an order under section 39 or 41, and
for the adjustment of the functions of statutory undertakers that may be necessary in consequence of such an order,
A local planning authority is entitled to recover from the relevant person a sum equal to any compensation that authority is liable to pay, if—
the planning authority becomes liable to pay compensation under any of the provisions set out in subsection (3) (which relate to compensation for certain planning restrictions, for purchase notices that do not take effect and in respect of undertakers' operational land), and
the liability is attributable to a planning decision that would not have been taken, or an order that would not have been made, but for the need to secure the safe and efficient operation of—
a spaceport, or
range control apparatus.
“The relevant person” is—
where subsection (1)(b)(i) applies, the person authorised to operate the spaceport by a spaceport licence;
where subsection (1)(b)(ii) applies, the range control service provider who operates the relevant range control apparatus.
The provisions are—
sections 107, 108, 144(2) and 279(1) of the Town and Country Planning Act 1990 (“the 1990 Act”);
sections 76, 77, 95(2) and 232(1) of the Town and Country Planning (Scotland) Act 1997 (“the 1997 Act”).
Where a sum is payable or paid by the relevant person to a local planning authority under subsection (1), the authority must refund to the relevant person any amount received by the authority in respect of compensation under sections 111 and 112 of the 1990 Act or section 82 of the 1997 Act (which relate to compensation on subsequent development).
A local authority may by notice require the relevant person to purchase an interest from it for the relevant sum, if— “The relevant sum” is the amount of compensation payable by the local authority for the interest specified in the purchase notice.
a purchase notice is served under section 137 of the 1990 Act or section 88 of the 1997 Act in respect of a planning decision that would not have been made but for the need to secure the safe and efficient operation of the relevant spaceport or (as the case may be) the range control apparatus, and
the local authority is deemed under section 139(3) or 143(1) of the 1990 Act or section 90(3) or 94(1) of the 1997 Act to have served a notice to treat in respect of the interest specified in the purchase notice.
A notice under subsection (5)—
must be in writing;
must be given to the relevant person before the end of the period of one month beginning with the day on which the amount of compensation payable by the local authority for the interest specified in the purchase notice is agreed or determined.
Where a notice is given to a relevant person under subsection (5), the relevant person is deemed to have contracted with the relevant local authority to purchase the interest for the relevant sum.
Any dispute as to— is to be referred to, and determined by, the Secretary of State.
whether a planning decision would not have been taken but for the need to secure the safe and efficient operation of a spaceport or range control apparatus, or
whether an order would not have been made but for that need,
In this section—
“specified” means specified in the requirement under subsection (1)(a) or the authorisation under subsection (1)(b).
Before making an order under section 39 or a land order, the Secretary of State must— In this Part “owner” has the meaning given in section 56 of the Civil Aviation Act 1982. A notice published or served under sub-paragraph (1) must— The day specified under sub-paragraph (3)(c) must not fall before the end of the period of 28 days beginning with the day on which the notice is published or served. This paragraph does not apply if the Secretary of State proposes to make an order following an application from the holder of a range control licence or a spaceport licence (“the licensee”).
Where an interest in land is subject to a mortgage or, in Scotland, to a heritable security— Sub-paragraph (1)(b) does not prevent the person entitled to the interest from making a claim for compensation.
Before making an application for an order under section 39 or for a land order, the licensee must— A notice published or served under sub-paragraph (1) must— The day specified under sub-paragraph (2)(c) must not fall before the end of the period of 42 days beginning with the day on which the notice is published or served.
A district council in Northern Ireland is entitled to recover from the relevant person a sum equal to any compensation that council is liable to pay, if—
the council becomes liable to pay compensation to any person because of a planning decision taken under the Planning Act (Northern Ireland) 2011 by a council, the Department for Infrastructure, or the Planning Appeals Commission, and
the liability is attributable to a planning decision that would not have been taken but for the need to secure the safe and efficient operation of—
a spaceport, or
range control apparatus.
“The relevant person” is—
where subsection (1)(b)(i) applies, the person authorised to operate the spaceport by a spaceport licence;
where subsection (1)(b)(ii) applies, the range control service provider who operates the relevant range control apparatus.
In this section—
A power to make an order that is conferred by section 39 or by paragraph 4 or 5 of Schedule 9 includes a power exercisable in the same manner and subject to the same conditions or limitations—
to amend the order, or
to revoke the order.
The power to make an order that is conferred by section 41(1) includes a power—
to amend the order to shorten, or remove, a period specified as required by subsection (3) of that section;
otherwise to amend the order;
to revoke the order.
Immediately after making an order under the power specified in subsection (2)(a) or (c) the Secretary of State must serve on the relevant persons—
a copy of the order, and
a notice explaining the effect of the order and stating when it became operative.
“The relevant persons” are—
where the original order is a land order—
every owner, lessee and occupier of any of the land;
every local authority within whose area any of the land is situated;
where the original order is not a land order—
any person who the Secretary of State thinks is particularly well able to bring the new order to the attention of those likely to be affected by it;
every person who was served with a copy of a notice, under paragraph 8(1)(b) of Schedule 6, in respect of the original order.
An order made under the power specified in subsection (2)(a) or (c) becomes operative immediately after it is made.
The power specified in subsection (2)(b) is exercisable in the same manner and subject to the same conditions or limitations as the power to make the original order.
Section 56 of the Civil Aviation Act 1982 applies to a notice required to be given or served under a specified provision of this Act as it applies to a notice required to be served under a provision to which that section applies.
The specified provisions are—
section 39;
section 41;
section 42 as it relates to the service of a notice by a person other than the Secretary of State;
section 47;
Schedule 6.
Any act or omission which— constitutes that offence.
occurs outside the United Kingdom on board a spacecraft or carrier aircraft launched in the United Kingdom, and
would constitute an offence under the law in force in (or in a particular part of) the United Kingdom if it occurred in the United Kingdom (or in that part of it),
Proceedings for an offence may be instituted in reliance on subsection (1)—
in England and Wales, only by or with the consent of the Director of Public Prosecutions;
in Northern Ireland, only by or with the consent of the Director of Public Prosecutions for Northern Ireland.
Subsection (2) does not apply to an offence under this Act or under regulations made under this Act.
For the purpose of conferring jurisdiction— is treated as having been committed in any place in the United Kingdom (or in the relevant part of the United Kingdom) where the offender is for the time being.
an offence that is treated as committed by virtue of subsection (1), or
an offence under Schedule 4,
Subsection (4) does not affect any jurisdiction exercisable apart from that subsection.
Regulations may—
provide for any of the listed provisions to apply (to the extent that they otherwise would not) to or in connection with spacecraft;
provide for any of the listed provisions to apply with prescribed modifications;
make provision corresponding to that made by any of the listed provisions.
The listed provisions are—
section 94 of the Civil Aviation Act 1982 (powers of commander of aircraft);
section 95 of that Act (provisions as to evidence in connection with aircraft), and subsections (4) and (5) of section 92 of that Act (application of criminal law to aircraft) as they apply by virtue of section 95(5) of that Act.
The power under this section to apply with modifications a provision that creates an offence does not include power—
to modify the mode of trial for the offence, or
to specify greater penalties for it.
The power under this section to make provision corresponding to a provision that creates an offence does not include power— as compared with the provision or penalties that apply to the existing offence to which the new offence corresponds.
to make different provision with regard to the mode of trial for a new offence, or
to specify greater penalties for a new offence,
A person who commits an offence under a provision of this Act, other than section 24(8), section 32(9), section 33(8), section 40(2) or (3), section 41(5), section 42(5), section 66(5) or Schedule 4, is liable—
on summary conviction in England and Wales, to a fine;
on summary conviction in Scotland or Northern Ireland, to a fine not exceeding the statutory maximum;
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).
A person who commits an offence under section 32(9), section 33(8) or section 40(3) is liable—
on summary conviction in England and Wales, to a fine;
on summary conviction in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale.
A person who commits an offence under section 40(2) is liable—
on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks or a fine (or both);
on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding level 5 on the standard scale (or both);
on summary conviction in Northern Ireland, to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale (or both).
A person who commits an offence under section 41(5), section 66(5) or paragraph 5 or 6(2) of Schedule 4 is liable—
on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
on summary conviction in Northern Ireland, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both);
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).
A person who commits an offence under section 42(5) or paragraph 9(5) of Schedule 9 is liable, on summary conviction, to a fine not exceeding level 2 on the standard scale.
A person who commits an offence under paragraph 1, 2, 3 or 4 of Schedule 4 is liable, on conviction on indictment, to imprisonment for life.
In relation to an offence committed before section 281(5) of the Criminal Justice Act 2003 comes into force, the reference in subsection (3)(a) to 51 weeks is to be read as a reference to six months.
In relation to an offence committed before 2 May 2022, the reference in subsection (4)(a) to the general limit in a magistrates’ court is to be read as a reference to six months.
Regulations under this Act may create offences.
Regulations may provide for an offence under the regulations to be triable—
only summarily, or
either summarily or on indictment.
Regulations may provide for an offence under the regulations that is triable either way to be punishable—
on summary conviction in England and Wales, with a fine;
on summary conviction in Scotland or Northern Ireland, with a fine not exceeding the statutory maximum;
on conviction on indictment, with imprisonment for a term not exceeding the period prescribed, which may not exceed two years, or a fine (or both).
Subsection (3)(c) has effect with the substitution of “ five years ” for “two years” in the case of a provision about endangering a spacecraft or persons in a spacecraft.
Regulations may provide for a summary offence under the regulations to be punishable—
in England and Wales—
with a fine, or
with a fine not exceeding a prescribed amount, which must not exceed level 4 on the standard scale;
in Scotland or Northern Ireland, with a fine not exceeding a prescribed amount, which must not exceed level 5 on the standard scale.
This section is subject to—
section 52(3) and (4);
paragraph 6(2) and (3) of Schedule 3;
paragraph 4 of Schedule 5.
Summary proceedings for an offence under regulations made under this Act may be instituted at any time within 12 months from the commission of the offence if—
it was committed in connection with spaceflight activities (including activities to which the Outer Space Act 1986 applies) arising out of which, or in the course of which, an accident occurred, and
not more than six months after the commission of the offence—
public notice has been given that an investigation into the accident is being carried out in accordance with regulations under section 20, or
the Secretary of State (acting alone or with any government department) has directed that a public inquiry into the accident be held in accordance with those regulations.
The fact that a direction has been given as mentioned in subsection (1)(b)(ii) on a particular date may be proved by the production of a certificate to that effect purporting to be signed by an official of the Secretary of State.
This section does not affect section 127(2) of the Magistrates' Courts Act 1980 or Article 19(2) of the Magistrates' Courts (Northern Ireland) Order 1981 (no time limit for offences triable either way).
In this section “accident” has the same meaning as in section 20.
It is a defence for a person charged with an offence under a provision of this Act to show that the person exercised all due diligence and took all reasonable precautions to avoid committing the offence.
A person is taken to have shown that the person exercised all due diligence and took all reasonable precautions to avoid committing the offence if—
sufficient evidence of the fact is adduced to raise an issue with respect to it, and
the contrary is not proved beyond reasonable doubt.
Subsection (1) does not apply to an offence under—
section 3(7),
section 7(9),
section 18(6),
section 32(9),
section 33(8),
section 41(5),
section 42(5)
section 66(5),
Schedule 4, or
paragraph 9(5) of Schedule 9.
Regulations under this Act that create offences may provide for defences in relation to those offences.
This section applies where an offence created by or under this Act is committed by a body corporate.
Where the offence is proved— the officer (as well as the body corporate) is guilty of the offence and is liable to be proceeded against and punished accordingly.
to have been committed with the consent or connivance of an officer of the body corporate, or
to be attributable to any neglect on the part of an officer of the body corporate,
In subsection (2) “officer”, in relation to a body corporate, means— In paragraph (a) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
a director, manager, secretary or other similar officer, or
any person purporting to act in any such capacity.
Proceedings for an offence alleged to have been committed by a partnership may be brought in the name of the partnership.
Rules of court relating to the service of documents have effect in relation to proceedings for an offence as if the partnership were a body corporate.
For the purposes of such proceedings the following provisions apply as they apply in relation to a body corporate—
section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates' Courts Act 1980;
section 18 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).
A fine imposed on a partnership on its conviction for an offence is to be paid out of the partnership assets.
Where an offence committed by a partnership is proved— the partner (as well as the partnership) is guilty of the offence and is liable to be proceeded against and punished accordingly.
to have been committed with the consent or connivance of a partner, or
to be attributable to any neglect on the part of a partner,
In this section—
In this section—
“the 2008 Act” means the Regulatory Enforcement and Sanctions Act 2008;
Regulations may make any provision, in relation to an offence under this Act, that could be made under Part 3 of the 2008 Act (civil sanctions) if—
the regulator (within the meaning of this Act) were a regulator for the purposes of Part 3 of the 2008 Act, and
the offence were a relevant offence in relation to that regulator for those purposes.
For the purposes of subsection (2), references in section 46 of the 2008 Act (stop notices) to any of the matters referred to in subsection (6) of that section are to be read as references to any of the following matters—
public safety;
persons carried in spacecraft or carrier aircraft;
persons at work at spaceports, mission management facilities or sites used in connection with the provision of range control services;
the interests of persons in relation to the use of land, sea and airspace;
the interests of persons with interests in property carried by spacecraft.
Sections 63 to 69 of the 2008 Act (guidance; exercise of powers; payment into Consolidated Fund) apply to provision made under this section as they apply to provision made under Part 3 of that Act.
For the purposes of subsection (4)—
references to a regulator in sections 63 to 69 of the 2008 Act are to be read as references to the regulator within the meaning of this Act, but
section 68 of the 2008 Act does not apply where the regulator is the Secretary of State.
Schedule 10, which makes provision for— has effect.
appeals against decisions under this Act and under the Outer Space Act 1986, and
the establishment of panels to consider such appeals,
The Secretary of State must maintain a register of launches that have taken place from spaceports in the United Kingdom.
Subsection (1) applies only to launches resulting, or intended to result, in—
a craft or object going beyond the stratosphere, or
a balloon reaching the stratosphere carrying crew or passengers.
In relation to each launch, the register must include as much of the following information as the Secretary of State considers appropriate to include (and may include any other information that he or she thinks is appropriate to include)—
the date of the launch;
the spaceport from which the launch took place;
the nature of each spacecraft or carrier aircraft launched;
the purpose of the launch.
The Secretary of State must ensure that the public can view the information in the register free of charge.
The obligations of the Secretary of State under this section and under section 7 of the Outer Space Act 1986 (register of space objects) may be discharged by maintaining a single register of launches and space objects.
Schedule 11, which makes provision about schemes for making charges in respect of the performance of functions conferred on the Secretary of State or the regulator by or under this Act, has effect.
An appointed person must provide to the Secretary of State, or to any other person, any advice or assistance that the Secretary of State requires the appointed person to provide in connection with any functions conferred on the Secretary of State by or under this Act.
A requirement imposed under subsection (1) to provide advice or assistance in connection with a function may be expressed so as to operate as a continuing requirement on the appointed person to provide advice or assistance in connection with that function.
Where under subsection (1) the Secretary of State— the appointed person may refuse to do so until the other person pays to the appointed person any reasonable charges in respect of the advice or assistance that the appointed person determines.
requires an appointed person to provide advice or assistance to a person other than the Secretary of State, but
does not undertake to pay the appointed person the cost of doing so,
An appointed person is entitled to recover from the Secretary of State a sum equal to any expense reasonably incurred by the person in providing the Secretary of State with advice or assistance in response to a requirement imposed under subsection (1).
A reference to the Secretary of State in subsections (1) to (4) includes a reference to an appointed person other than one required to provide the advice or assistance.
The Secretary of State may provide advice or assistance to an appointed person, at the person's request, in connection with any functions conferred on the person by or under this Act.
The Secretary of State is entitled to recover from an appointed person a sum equal to any expense reasonably incurred by the Secretary of State in providing the person with advice or assistance under subsection (6).
The Secretary of State and a public authority listed in subsection (2) may enter into and maintain arrangements with each other for securing co-operation, and the exchange of information, with regard to the carrying out of any of their functions under or in connection with this Act.
The listed public authorities are—
the regulator (if not the Secretary of State);
the CAA (if not an appointed person);
the Health and Safety Executive;
the Health and Safety Executive for Northern Ireland;
the Office for Nuclear Regulation;
any other public authority with which the Secretary of State considers it would be appropriate to enter into arrangements under this section.
The parties to any arrangements made under this section must—
review the arrangements from time to time;
revise them when they consider it appropriate to do so.
Regulations may provide that, in prescribed circumstances and subject to prescribed conditions, compliance with a prescribed requirement or prohibition imposed for the purpose of giving effect to a relevant agreement is to be taken as compliance with a prescribed requirement or prohibition imposed by subordinate legislation.
In this section—
In any legal proceedings, a document purporting to be certified by a prescribed person as being, or as being a true copy of, or of part of, a document issued or a record kept by the regulator for the purposes of this Act, or regulations made under this Act, is evidence, and in Scotland sufficient evidence, of the matters appearing from the document.
In any legal proceedings, any record to which subsection (3) applies is evidence, and in Scotland sufficient evidence, of the matters appearing from the record.
This subsection applies to a record if it was made by and is produced from the custody of a prescribed person, or a person acting under the control of a prescribed person, and purports to show—
the position of a spacecraft at any material time,
the terms or content of any message or signal transmitted to any spacecraft (whether alone or in common with other spacecraft) by the prescribed person or the person acting under that person's control, or
the terms or content of any message received from a spacecraft by the prescribed person or the person acting under that person's control.
The reference in subsection (3) to a record made by or under the control of a prescribed person includes a reference to a document or article— This section has effect in relation to such a copy as if in subsection (3) the words “and is produced from the custody of” were omitted.
purporting to be a copy of the record so made, and
certified to be a true copy by, or on behalf of, the prescribed person or the person acting under that person's control.
A person who certifies a document or article as mentioned in subsection (4)(b) knowing that it is not a true copy commits an offence.
Schedule 12 (minor and consequential amendments) has effect.
The Secretary of State may by regulations make provision that is consequential on any provision made by this Act.
Regulations under this section may not amend or repeal primary legislation.
In this section “primary legislation” means—
an Act of Parliament;
an Act of the Scottish Parliament;
an Act or Measure of the National Assembly for Wales;
Northern Ireland legislation.
Regulations may make provision generally for carrying this Act into effect and for achieving the purpose set out in section 1(1).
A power to make regulations or an order under this Act may be exercised—
for all cases to which the power applies, for those cases subject to specified exceptions, or for any specified cases or descriptions of case;
so as to make, for the cases for which it is exercised—
the full provision to which the power applies or any less provision (whether by way of exception or otherwise);
the same provision for all cases for which the power is exercised, or different provision for different cases or different descriptions of case, or different provision as respects the same case or description of case for different purposes of this Act;
any such provision either unconditionally or subject to specified conditions.
Regulations under this Act may make—
different provision for different areas;
provision applying to conduct or places outside the United Kingdom;
supplemental, incidental, transitional, saving or consequential provision (including transitional or saving provision about licences under the Outer Space Act 1986 or applications for such licences).
A power to make regulations under this Act is exercisable by the Secretary of State by statutory instrument.
A statutory instrument containing regulations under this Act, other than— is subject to annulment in pursuance of a resolution of either House of Parliament.
an instrument within subsection (6), or
an instrument containing regulations under section 70,
A statutory instrument containing (whether alone or with other provision)— may not be made unless a draft of the instrument has been laid before each House of Parliament and approved by a resolution of each House.
regulations under section 4(2),
the first regulations to be made under section 5(2),
regulations under section 7(4),
the first regulations to be made under section 7(6),
regulations under section 9,
the first regulations to be made under section 13(7),
the first regulations to be made under section 19,
the first regulations to be made under section 23,
regulations under section 35(5),
regulations under section 36(3)(a),
regulations under section 59,
regulations under section 65, or
regulations that create offences,
The Secretary of State must carry out a public consultation before making regulations to which subsection (6) applies. Where the Secretary of State lays before Parliament a draft of an instrument containing such regulations, it must be accompanied by a report by the Secretary of State about the consultation.
The duties imposed by subsection (7) do not apply where the regulations amend other regulations and, in the opinion of the Secretary of State, they do not make any substantial change.
Any provision that under this Act may be included in regulations (other than regulations under section 70) may be included in an Air Navigation Order. Accordingly, in any provision of this Act except— a reference (however expressed) to regulations under this Act is to be read as including a reference to an Air Navigation Order.
subsections (6) to (10) of this section, and
section 70,
An Air Navigation Order containing affirmative-resolution provision may not be submitted to Her Majesty in Council unless a draft of the Order has been laid before each House of Parliament and approved by a resolution of each House. Provision is “affirmative-resolution provision” if—
it is included in the Air Navigation Order in reliance on subsection (9), and
subsection (6) would apply to a statutory instrument containing regulations making that provision.
In this Act—
“planning decision” means a decision made on an application under Part 3 of the 1990 Act or Part 3 of the 1997 Act;
Immediately after the making of an order under section 39 or a land order, the relevant person must— A notice under sub-paragraph (1) must— In sub-paragraph (1) “the relevant person”—
Where any dispute arises— the dispute is to be referred to and determined by the appropriate tribunal.
as to whether compensation is payable under this Schedule,
as to the amount of compensation payable, or
as to the persons to whom compensation is payable,
The amount of the compensation is— The provisions of section 280 of the 1990 Act specified in sub-paragraph (1)(a) have effect for the purposes of this paragraph as if— The provisions of section 233 of the 1997 Act specified in sub-paragraph (1)(b) have effect for the purposes of this paragraph as if—
Regulations may make a scheme providing for payment to the Secretary of State, or to an appointed person other than the CAA, of charges in respect of the performance by the Secretary of State or the appointed person of functions that are— If an appointed person other than the CAA makes a proposal to the Secretary of State for a scheme under this paragraph, the Secretary of State must consider whether to make such a scheme (either in the terms proposed or with modifications). A scheme made by regulations under this paragraph may make provision as to the retention or remission of amounts received by an appointed person under the scheme.
The inclusion in a licence under this Act of a condition as to payment of charges determined under a charging scheme does not prevent the charging authority from recovering such charges as a debt due to the charging authority.
In section 1 of the Magistrates’ Courts Act 1980 (issue of summons to accused or warrant for his arrest), at the end of subsection (4D) insert—
In Schedule 1 to the Criminal Justice Act 1982 (offences excluded from section 32), at the end of Part 2 insert—
Section 3 of the Outer Space Act 1986 (prohibition of unlicensed activities) is amended as follows. In subsection (3), for “except other persons or activities from the requirement of a licence” substitute “make provision for other activities or persons to be exempted from the requirement of a licence, either by the order itself or by the Secretary of State,”. After that subsection insert— In subsection (3A), before paragraph (a) insert—. In subsection (4), for the words after “which shall” substitute “not be made unless a draft of the instrument has been laid before each House of Parliament and approved by a resolution of each House.
In Article 2 of the Airports (Northern Ireland) Order 1994 (interpretation), after paragraph (3) insert—
In section 4 of that Act (grant of licence) omit subsection (3)(d).
After that section insert—
In section 5 of that Act (terms of licence), subsection (2) (licence conditions) is amended as follows. After paragraph (c) insert—. After paragraph (d) insert—. In paragraph (e)—
In section 6 of that Act (transfer etc of licence), in subsection (1) omit “and in such other cases as may be prescribed”.
After section 6 of that Act insert—
Section 7 of that Act (register of space objects) is amended as follows. In subsection (2), after “space objects” insert “(whether launched in the United Kingdom or elsewhere)”. For subsection (3) substitute—
In this Act, a reference to launching a craft includes a reference to— and “launch” (as a noun) is to be read accordingly.
causing it to take off, or
(in the case of balloon) releasing it,
“Statutory undertaker” means— “Statutory undertaking” is to be read accordingly.
the holder of a licence under Chapter 1 of Part 1 of the Transport Act 2000 (an “air traffic licensee”);
a universal service provider (within the meaning of Part 3 of the Postal Services Act 2011) in connection with the provision of a universal postal service (within the meaning of that Part of that Act);
a person authorised by any Act (whether public general or local), or by any order or scheme under such an Act, to construct, work or carry on—
a railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or
an undertaking for the supply of hydraulic power.
For the purposes of this Act— References to a person's undertaking are to be read accordingly.
an air traffic licensee is taken to be a statutory undertaker only when carrying out activities authorised by the licence under the Transport Act 2000 (and the licensee's undertaking is taken to be a statutory undertaking only to the extent that it is its undertaking as an air traffic licensee);
the undertaking of a universal service provider so far as relating to the provision of a universal postal service is taken to be the provider's statutory undertaking.
The fact that a spaceport licence is in force in respect of any site does not affect the question whether that site, or any area of land or water of which it (or any part of it) forms part, is an aerodrome within the meaning of the Civil Aviation Act 1982.
This Act, apart from sections 68 to 72 (which come into force on the day on which this Act is passed), comes into force on whatever day or days the Secretary of State appoints by regulations.
Regulations under this section—
may appoint different days for different purposes;
may make transitional, transitory or saving provision.
Subject to the following subsections, this Act extends to England and Wales, Scotland and Northern Ireland.
The following provisions do not extend to Northern Ireland—
section 39(12);
section 46 and Schedule 9;
section 47.
Section 48 extends to Northern Ireland only.
An amendment made by Schedule 12 has the same extent as the provision to which it relates.
Her Majesty may by Order in Council direct that any of the provisions of this Act extend, with any modifications specified in the Order, to—
any of the Channel Islands;
the Isle of Man;
any British overseas territory.
This Act may be cited as the Space Industry Act 2018.
Section 13
Conditions as to compliance with—
safety requirements regarding the design and operation of spacecraft, carrier aircraft and payloads;
requirements regarding the assembling, integration and fuelling of spacecraft or carrier aircraft, mating of spacecraft or carrier aircraft to their payloads and fuelling of payloads;
requirements for handling strategies relating to the security and integrity of payloads;
requirements relating to range, tracking, surveillance, risk management, weather measurement and meteorological forecasting;
requirements for the protection of persons whose health or safety could be put at risk by spaceflight activities carried out by the licensee, or at or from a spaceport operated by the licensee;
requirements for the protection of sensitive or restricted information, technology or items;
space debris mitigation guidelines.
Conditions as to following advice given by a range control service provider.
Conditions as to the craft or equipment, or the types of craft or equipment, used for or in connection with spaceflight activities (including training for spaceflight activities).
Conditions as to trajectories and mission profiles.
Conditions requiring the licensee to provide the regulator, or a range control service provider, as soon as possible with—
information as to the date and location of any launch;
the basic orbital parameters of any space object to be put into orbit, including nodal period, inclination, apogee and perigee;
any other information that the regulator, or a range control service provider, may require concerning the nature, conduct, location and results of the licensee's activities.
Conditions requiring the licensee to obtain advance approval from the regulator for any intended deviation from notified orbital parameters, and to inform the regulator or a range control service provider immediately of any unintended deviation.
Conditions requiring the carrying out of assessments of the impact that noise and emissions from spaceflight activities authorised by the licence are expected to have on communities in the vicinity.
Conditions imposing restrictions as to areas in relation to which, the times at which and the manner in which spaceflight activities are carried out.
Conditions requiring the licensee to notify specified persons—
of any spaceflight activities that are due to be carried out which will or may involve a spacecraft, carrier aircraft or other object flying over, or falling into, a specified area of water;
of any risk of damage to persons or property in the area whilst the activities are carried out.
Conditions requiring— in specified circumstances.
the launch of a spacecraft or carrier aircraft to be aborted or delayed, or
unmanned spacecraft or other objects to be destroyed,
Conditions governing the disposal of any payload in outer space on the termination of operations and requiring the licensee to notify the regulator as soon as practicable of its final disposal.
Conditions designed to secure compliance with—
obligations of the United Kingdom under agreements entered into with other countries;
any other international obligations of the United Kingdom.
Conditions imposing restrictions or prohibitions on spacecraft or carrier aircraft landing outside the United Kingdom.
Conditions requiring the licensee to conduct the licensee's activities in such a way as—
to prevent the contamination of outer space or adverse changes in the environment of the earth,
to avoid interference with the activities of others in the peaceful exploration and use of outer space,
to preserve the national security of the United Kingdom, and
not to prejudice the foreign policy of Her Majesty's government in the United Kingdom.
Conditions requiring spaceflight activities to be carried out at—
a spaceport that the licensee or another person is authorised to operate by a spaceport licence,
an aerodrome licensed under an Air Navigation Order,
an aerodrome occupied for the purposes of the armed forces of the Crown, or
an aerodrome authorised by a certificate under Commission Regulation (EU) No 139/2014 of 12 February 2014 laying down requirements and administrative procedures related to aerodromes pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council.
Conditions (in the case of a spaceport licence) prohibiting spaceflight activities, or spaceflight activities of a specified description, from being carried out without the prior approval of the regulator.
Conditions requiring a mission management facility to be located in the United Kingdom if the spaceflight activities controlled from the facility involve spacecraft or carrier aircraft launched from a site in the United Kingdom.
Conditions permitting inspection by the regulator (or a person acting on the regulator's behalf) of—
a spaceport, mission management facility or other site used or operated by the licensee, and
any facilities, equipment, spacecraft, carrier aircraft or other vehicles on it.
Conditions permitting testing by the regulator (or a person acting on the regulator's behalf) of—
the equipment at a spaceport or mission management facility, or
any other equipment used by the licensee.
Conditions permitting the regulator (or a person acting on the regulator's behalf) to inspect and take copies of documents relating to the information required to be given to the regulator.
Conditions permitting the regulator to attend the launch of any spacecraft or carrier aircraft.
Conditions permitting the regulator to attend specified meetings.
Conditions designed to avoid actual or perceived conflicts of interest or undue influence with regard to safety-critical decisions and procedures (including conditions relating to the ownership or control of spaceports, mission management facilities, spacecraft, carrier aircraft, payloads and equipment).
Conditions relating to the security of—
spaceports or mission management facilities, or particular areas of them;
facilities, equipment, spacecraft, carrier aircraft, other vehicles, payloads, cargo, supplies or other things at spaceports or mission management facilities.
Conditions relating to the use, processing, communication and distribution of data obtained in the course of spaceflight activities.
Conditions requiring specified persons taking part in spaceflight activities to be informed that the activities carry an inherent risk of danger and have not been certified as safe by the regulator.
Conditions corresponding to or supplementing—
the prohibition in section 17 on individuals taking part in spaceflight activities unless they have consented to accept the risks involved;
requirements as to training, qualifications and medical fitness prescribed under section 18.
Conditions requiring licensees—
to keep risk assessments under review,
to revise them as necessary, and
to take appropriate steps where risk assessments are revised.
Conditions imposing restrictions or requirements as to persons involved in spaceflight activities.
Conditions as to the qualifications of persons involved in spaceflight activities.
Conditions as to the responsibilities of persons involved in spaceflight activities.
Conditions requiring co-operation with any accident investigations.
Conditions imposing restrictions or requirements as to the carriage for reward of people or cargo in spacecraft or carrier aircraft.
Conditions prohibiting or restricting the display or emission, on or from spacecraft or carrier aircraft, of advertising material or other communications in such a way that the material or communications are visible or audible from the ground.
Conditions requiring insurance or indemnities, including—
conditions requiring liability to third parties to be insured for no less than a specified amount;
conditions as to compliance with requirements imposed by regulations under section 38(1).
Conditions requiring waivers or indemnities to be provided, including conditions requiring— to enter into reciprocal waivers of liability in respect of any injury or damage resulting from the carrying out of those activities.
the holder of a spaceflight licence, and
any person with whom the holder of the licence makes contractual arrangements in connection with the carrying out of activities authorised by the licence (other than an individual taking part in spaceflight activities in a role or capacity prescribed under section 17(1)),
Conditions requiring payment to the regulator (whether on the grant of a licence, subsequently or both) of charges determined under a scheme made under Schedule 11.
Conditions requiring the licensee to provide the Secretary of State with information about the prices charged, or to be charged, by the licensee for services provided in connection with activities authorised by the licence.
Conditions providing for the review or termination of the licence on the happening of specified events.
Section 18
Training regulations may make provision requiring an individual's competence— to be assessed by a person approved by, or on behalf of, the regulator. Training regulations may prescribe what a person may or must do in order to fulfil any prescribed criteria with respect to training and qualifications or medical fitness.
Training regulations may make provision requiring training to be provided only by a person approved by, or on behalf of, the regulator. Training regulations may make provision— Training regulations may make provision about— Training regulations may make provision about inspection of approved training providers and approved assessors.
Training regulations may make provision about keeping records of training undertaken or provided.
Training regulations may—
make provision about how applications for any authorisation, approval or other document required by the regulations are to be made, considered and determined (including provision about the examinations and tests to be undergone);
make provision for any such document to be granted subject to conditions or limitation of time;
make provision about the suspension, revocation, recognition, renewal or variation of any such document (including provision about the examinations and tests to be undergone);
make provision about the form, custody, protection, cancellation, suspension, endorsement and surrender of any such document.
Section 19
Safety regulations may make provision for prohibiting craft from being used in spaceflight activities— Safety regulations may make provision for the detention of spacecraft. Safety regulations may make provision as to— Safety regulations may make provision— Safety regulations may make provision for prohibiting or regulating the display of signs or lights liable to endanger spacecraft.
Safety regulations may make provision for prohibiting the carriage of passengers in spacecraft or carrier aircraft— Safety regulations may make provision for prohibiting the carrying on of prescribed activities on board spacecraft or carrier aircraft— Safety regulations may make provision for safeguarding the health of people carried in spacecraft or carrier aircraft.
Safety regulations may impose prohibitions, restrictions or conditions in relation to the carriage of goods, materials and other items by spacecraft, including (in particular) prohibitions, restrictions or conditions in relation to the carriage of— Safety regulations may make provision about payloads carried by spacecraft.
Safety regulations may make provision prohibiting an individual from carrying out a prescribed role, or acting in a prescribed capacity, at a spaceport or mission management facility unless the individual fulfils prescribed criteria. Safety regulations may make provision for the licensing of individuals employed at spaceports in the inspection or supervision of spacecraft or carrier aircraft.
Safety regulations may make provision under which—
members of the public may be denied access, at particular times, to spaceports or to particular areas within or in the vicinity of spaceports, or
members of the public may be allowed such access only if they have signified their consent (in accordance with provision made by the regulations) to accept the risks involved.
Safety regulations may— The power in sub-paragraph (1)(b) does not include power— The power in sub-paragraph (1)(c) does not include power— as compared with the provision or penalties that apply to the existing offence to which the new offence corresponds.
Safety regulations may make provision—
as to the manner and conditions of the issue, validation, renewal, extension, variation or revocation of any certificate or other document or the undergoing of any examination or test required by the regulations;
as to the form, custody, production, cancellation, suspension, endorsement and surrender of any such document.
Section 22
Section 23
Security regulations may make provision for the purpose of ensuring security in relation to— Security regulations may provide for— Security regulations may confer power on the regulator to prevent rights of way being exercised within a space site, for limited periods, at the request of the operator of the site. Security regulations may make provision about the training and qualifications of persons responsible for implementing security measures at space sites. Security regulations may—
Security regulations may— The listed provisions are—
Security regulations may make provision, in relation to space sites, spacecraft and carrier aircraft, corresponding to the provision that may be made in relation to aerodromes and aircraft by— Subsection (3) (consultation) of section 21F of the Aviation Security Act 1982 applies to regulations made by virtue of sub-paragraph (1)(a) as it applies to regulations under that section. Subsection (2) (consultation) of section 21G of that Act applies to regulations made by virtue of sub-paragraph (1)(b) as it applies to regulations under that section.
A power under this Schedule to apply with modifications a provision that creates an offence does not include power— A power under this Schedule to make provision corresponding to a provision that creates an offence does not include power— as compared with the provision or penalties that apply to the existing offence to which the new offence corresponds.
Sections 39, 41 and 43
Section 43
“specified” means specified in an order under subsection (1).
A person who is aggrieved by the making of an order under section 39 or 41 may apply to the appropriate court for the order, or any of its provisions, to be quashed. An application under this paragraph may be made on the ground—
that the order, or any provision of it, is not within the powers of the Secretary of State, or
that any requirement of this Act has not been complied with in relation to the order.
In this Schedule “the appropriate court”—
in relation to England and Wales and Northern Ireland, means the High Court;
in relation to Scotland, means the Court of Session.
An appeal lies to a panel against— An appeal under this paragraph may be brought only by the applicant.
A panel may refuse permission to appeal under this Schedule only on the ground that— A panel may grant permission to appeal under this Schedule subject to conditions.
Regulations may prescribe— Regulations may make provision about publication of determinations of a panel.
Where an application is made under paragraph 5 for permission to appeal to a panel against a decision, a person may make an application for permission to intervene in the appeal to the panel. An application for permission to intervene may be made before the end of the prescribed period. An application for permission to intervene may be made after the end of that period only with the leave of the panel. The applicant must send a copy of the application—
a scheme made by regulations under paragraph 3;
Section 44
“Air Navigation Order” means an Order in Council under section 60 of the Civil Aviation Act 1982;
A person who sustains damage that— is entitled to recover compensation for the damage from the operator of the spaceport specified in the order.
is due to the person being disturbed in the use of land or water as the result of the coming into operation of an order under section 41, and
does not consist of a diminution in the value of an interest in the land,
Subject to sub-paragraph (2), this Part has effect with regard to the compensation to be paid to a statutory undertaker in respect of a right created under an order made under section 39 or 41 (“the relevant order”) over, in or in relation to land held by the statutory undertaker for the purposes of carrying on its undertaking. Compensation is not payable under this Schedule unless the Secretary of State, in response to a representation made to him or her before the expiration of the time within which objections may be made to the relevant order, certifies that the land is in respect of its nature or situation of a kind that is comparable less with the generality of land than with land held for the purposes of the carrying on of statutory undertakings.
As soon as possible after making a representation under paragraph 4 or 5, the statutory undertaker must— A notice under sub-paragraph (1) must— In this paragraph “directed” means directed by the Secretary of State.
Where the Secretary of State makes, or is considering the making of, an order under paragraph 4, the Secretary of State may authorise a person to enter any of the relevant land— An authorisation under sub-paragraph (1) must be in writing. A person authorised under sub-paragraph (1)— A person authorised under sub-paragraph (1) may demand admission as of right to any land that is occupied only if eight days’ notice of the intended entry has been served on the occupier. A person who obstructs a person authorised under sub-paragraph (1) in the exercise of a power under this paragraph commits an offence. Proceedings for an offence under this paragraph may be instituted in England and Wales only by or with the consent of the Secretary of State or the Director of Public Prosecutions.
An appeal lies to a panel against— An appeal against any such decision may be brought only by a prescribed person.
The CAA may make a scheme providing for payment to it of charges in respect of the performance by the CAA of functions that are— The CAA may vary or revoke a scheme made under this paragraph. The CAA must publish— A date published under paragraph (c) must be at least 14 days after the day on which it is published.
Before making a scheme under paragraph 2, the CAA— Before making a proposal for a scheme under paragraph 3, an appointed person must consult the persons who, in the appointed person’s opinion, are likely to be affected by the scheme or any of those persons that it thinks fit. Before making regulations under paragraph 3, the Secretary of State must consult— But sub-paragraph (3) does not apply if the regulations give effect without modification to a proposal made by an appointed person.
In section 11 of the Civil Aviation Act 1982 (charges), after subsection (8) insert—
In section 65A of the Police and Criminal Evidence Act 1984 (“qualifying offence”), at the end of subsection (2) insert—
Schedule 2 to the Criminal Justice (Northern Ireland) Order 2004 (qualifying offences for purposes of Article 21) is amended as follows. In the heading before paragraph 24, after “Aviation,” insert “Spaceflight,”. After paragraph 25 insert—
An offence under any of the following paragraphs of Schedule 4 to the Space Industry Act 2018—
In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), after paragraph 36 insert—
Section 46
Section 60
Section 62
Section 67