Legalize / United Kingdom / Public General Act

Space Industry Act 2018

Type Public General Act

Publication 2018-03-15

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Regulation of spaceflight etc

Introduction

1

(1) This Act has effect for the purpose of regulating—

(a) space activities,

(b) sub-orbital activities, and

carried out in the United Kingdom.

(2) 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.

(3) In section 1 of the Outer Space Act 1986 (activities to which that Act applies)—

(a) omit “whether carried on in the United Kingdom or elsewhere”;

(b) at the end of the existing text (which becomes subsection (1)) insert—

(2) This Act does not apply to activities carried on in the United Kingdom (and accordingly does not apply to activities requiring authorisation under section 3(1) of the Space Industry Act 2018).

(4) In this Act—

“space activity” means—launching or procuring the launch or the return to earth of a space object or of an aircraft carrying a space object,operating a space object, orany activity in outer space;

“sub-orbital activity” means launching, procuring the launch of, operating or procuring the return to earth of—a craft to which subsection (5) applies, oran aircraft carrying such a craft,but does not include space activity.

(5) This subsection applies to—

(a) a rocket or other craft that is capable of operating above the stratosphere;

(b) a balloon that is capable of reaching the stratosphere carrying crew or passengers.

(6) Space activities and sub-orbital activities are referred to in this Act as “spaceflight activities”.

Duties and supplementary powers of the regulator

2

(1) 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).

(2) The regulator must exercise the regulator's functions under this Act in the way that the regulator thinks best calculated to take into account—

(a) the interests of persons carried by spacecraft or carrier aircraft;

(b) the requirements of persons carrying out spaceflight activities;

(d) the requirements of persons with interests in property carried by spacecraft;

(e) any environmental objectives set by the Secretary of State;

(f) the interests of national security;

(g) any international obligations of the United Kingdom;

(h) any space debris mitigation guidelines issued by an international organisation in which the government of the United Kingdom is represented.

(3) 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.

(4) 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.

(5) The power in subsection (4) is subject to any restrictions imposed by or under any enactment.

(6) 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;

“public safety” means the health and safety of members of the public (see subsection (7)) and the safety of their property;

“the regulator” has the meaning given in section 16(8);

“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.

(7) 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.

Prohibition of unlicensed spaceflight etc

3

(1) A person must not (subject to the following provisions)—

(a) carry out spaceflight activities in the United Kingdom, or

(b) operate a spaceport in the United Kingdom,

except under the authority of a licence under this section.

(2) In this Act—

“operator licence” means a licence under this section authorising a person to carry out spaceflight activities;

“spaceport” means—a site from which spacecraft or carrier aircraft are launched or (as the case may be) are to be launched, ora site at which controlled and planned landings of spacecraft take place or (as the case may be) are to take place;

“spaceport licence” means a licence under this section authorising a person to operate a spaceport.

(3) 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.

(4) 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.

(5) Regulations may make further provision for the purposes of this section, including in particular—

(a) provision prescribing eligibility criteria for a licensee;

(b) provision requiring prescribed roles to be undertaken by individuals on behalf of a licensee.

“Licensee” here means the holder of a licence under this section.

(6) A person who acts in contravention of subsection (1) commits an offence.

(7) It is an offence for a person—

(a) to make a statement that the person knows to be false in a material particular, or

(b) recklessly to make a statement that is false in a material particular,

for the purpose of obtaining a licence under this section (whether for the person making the statement or anyone else).

Exemptions from licence requirement

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(1) 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.

(2) 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—

(a) is not necessary to secure public safety,

(b) 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

(3) An exemption granted by or under the regulations may be for a limited period.

(4) Regulations may—

(a) make provision about the procedure in connection with the granting of an exemption by or under the regulations (including provision for applications);

(b) make provision about the terms of an exemption or the conditions to which an exemption is subject;

(d) make provision for the enforcement of terms or conditions of an exemption;

(e) 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;

(f) 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.

Range control

Range

5

(1) 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—

(a) persons or things that might pose a hazard to spaceflight activities, and

(b) persons or things to which spaceflight activities might pose a hazard.

“Zone” here means a volume of airspace or an area of land or sea.

(2) Regulations may make provision about the range for spaceflight activities, including in particular—

(a) provision as to matters to be taken into account in identifying the appropriate range;

(b) provision imposing requirements on persons in relation to the operation of the range;

(c) 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.

(3) 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.

Range control services

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(1) For the purposes of this Act the following are “range control services”—

(a) identifying an appropriate range for particular spaceflight activities;

(b) co-ordinating arrangements for the activation and operation of the range;

(d) 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;

(e) monitoring the range, and the spacecraft or carrier aircraft for which it is provided, to ascertain—

(i) whether the restrictions or exclusions to which the range is subject are complied with;

(ii) whether planned trajectories are adhered to;

(f) 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;

(g) any prescribed services provided for the purposes of, or in connection with, services within any of paragraphs (a) to (f).

(2) Services prescribed under subsection (1)(g) must relate to—

(a) safety systems,

(b) facilities or infrastructure (including facilities or infrastructure relating to ground control, communications, transport, power, handling of hazardous materials, environmental protection, emergency response or security),

(d) meteorological information.

Provision of range control services

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(1) Range control services may be provided only by—

(a) the Secretary of State, or

(b) a person authorised to provide them by a range control licence.

(2) In this Act—

“range control licence” means a licence under this section;

“range control service provider” means a person providing range control services.

(3) 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.

(4) 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—

(a) is not necessary to secure public safety,

(b) 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

(5) An exemption granted by or under regulations made under subsection (4) may be for a limited period.

(6) Regulations may make further provision for the purposes of this section, including in particular—

(a) provision prescribing eligibility criteria to be the holder of a range control licence;

(b) 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;

(c) 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;

(d) provision as to how range control services are to be provided;

(e) provision requiring prescribed roles to be undertaken by individuals on behalf of the holder of a range control licence;

(f) provision imposing restrictions on the holder of a range control licence delegating the provision of range control services;

(g) provision about the procedure in connection with the granting of an exemption by or under regulations made under subsection (4) (including provision for applications);

(h) provision about the terms of an exemption or the conditions to which an exemption is subject;

(i) provision about the revocation or renewal of an exemption;

(j) provision for the enforcement of terms or conditions of an exemption.

(7) 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).

(8) A person who acts in contravention of subsection (1) commits an offence.

(9) It is an offence for a person—

(a) to make a statement that the person knows to be false in a material particular, or

(b) recklessly to make a statement that is false in a material particular,

for the purpose of obtaining a range control licence (whether for the person making the statement or anyone else).

Licences

Grant of licences: general

8

(1) Subject to the following provisions of this Act, the regulator may grant a licence under this Act if the regulator thinks fit.

(2) The regulator may grant a licence under this Act only if satisfied that doing so—

(a) will not impair the national security of the United Kingdom;

(b) is consistent with the international obligations of the United Kingdom;

(3) The regulator may not grant an application for a licence under this Act unless satisfied that—

(a) 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;

(b) 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.

(4) 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.

(5) Regulations may make provision about how applications for licences are to be made, considered and determined.

(6) The regulations may in particular prescribe, or provide for a person responsible for determining an application to specify—

(a) the form and contents of an application for a licence;

(b) information to be provided in connection with an application;

(d) time limits for doing anything required to be done in connection with an application and the procedure for extending any period so prescribed.

(7) The regulations may also provide for—

(a) the inspection of sites, facilities, equipment, spacecraft, carrier aircraft and other vehicles, and

(b) the obtaining of information (whether by inspecting documents, interviewing individuals or otherwise),

by prescribed persons or persons of prescribed descriptions.

Grant of operator licences: safety

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(1) The regulator must not grant an application for an operator licence unless satisfied that the requirements in subsections (2) to (4) are met.

(2) 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”).

(3) The risk assessment must meet prescribed requirements.

(4) As regards risks to the health, safety and property of persons not within subsection (2)—

(a) the applicant must have taken all reasonable steps to ensure that those risks are as low as reasonably practicable;

(b) the level of those risks must be acceptable.

(5) Regulations may make provision about—

(a) matters to be taken into account, and other requirements to be met, in carrying out risk assessments;

(b) steps to be taken under subsection (4)(a);

(6) Regulations may require information to be provided to the regulator for the purposes of the regulator's functions under this section.

(7) 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).

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