Legalize / United Kingdom / Public General Act

Space Industry Act 2018

Type Public General Act

Publication 2018-03-15

Last updated 2026-02-18

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

“range control apparatus” means apparatus operated by a range control service provider for the purposes of providing range control services.

Amendment and revocation of orders

49

(1) 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—

(a) to amend the order, or

(b) to revoke the order.

(2) The power to make an order that is conferred by section 41(1) includes a power—

(a) to amend the order to shorten, or remove, a period specified as required by subsection (3) of that section;

(b) otherwise to amend the order;

(3) 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) a copy of the order, and

(b) a notice explaining the effect of the order and stating when it became operative.

(4) “The relevant persons” are—

(a) where the original order is a land order—

(i) every owner, lessee and occupier of any of the land;

(ii) every local authority within whose area any of the land is situated;

(b) where the original order is not a land order—

(i) 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;

(ii) 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.

(5) An order made under the power specified in subsection (2)(a) or (c) becomes operative immediately after it is made.

(6) 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.

Powers in relation to land: notices

50

(1) 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.

(2) The specified provisions are—

(a) section 39;

(b) section 41;

(d) section 47;

(e) Schedule 6.

Offences and civil sanctions

Application of criminal law to spacecraft etc

51

(1) Any act or omission which—

(a) occurs outside the United Kingdom on board a spacecraft or carrier aircraft launched in the United Kingdom, and

(b) 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),

constitutes that offence.

(2) Proceedings for an offence may be instituted in reliance on subsection (1)—

(a) in England and Wales, only by or with the consent of the Director of Public Prosecutions;

(b) in Northern Ireland, only by or with the consent of the Director of Public Prosecutions for Northern Ireland.

(3) Subsection (2) does not apply to an offence under this Act or under regulations made under this Act.

(4) For the purpose of conferring jurisdiction—

(a) an offence that is treated as committed by virtue of subsection (1), or

(b) an offence under Schedule 4,

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.

(5) Subsection (4) does not affect any jurisdiction exercisable apart from that subsection.

Offences on board spacecraft: supplementary

52

(1) Regulations may—

(a) provide for any of the listed provisions to apply (to the extent that they otherwise would not) to or in connection with spacecraft;

(b) provide for any of the listed provisions to apply with prescribed modifications;

(2) The listed provisions are—

(a) section 94 of the Civil Aviation Act 1982 (powers of commander of aircraft);

(b) 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.

(3) The power under this section to apply with modifications a provision that creates an offence does not include power—

(a) to modify the mode of trial for the offence, or

(b) to specify greater penalties for it.

(4) The power under this section to make provision corresponding to a provision that creates an offence does not include power—

(a) to make different provision with regard to the mode of trial for a new offence, or

(b) to specify greater penalties for a new offence,

as compared with the provision or penalties that apply to the existing offence to which the new offence corresponds.

Penalties for offences under this Act

53

(1) 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—

(a) on summary conviction in England and Wales, to a fine;

(b) on summary conviction in Scotland or Northern Ireland, to a fine not exceeding the statutory maximum;

(2) A person who commits an offence under section 32(9), section 33(8) or section 40(3) is liable—

(a) on summary conviction in England and Wales, to a fine;

(b) on summary conviction in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale.

(3) A person who commits an offence under section 40(2) is liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks or a fine (or both);

(b) 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);

(c) 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).

(4) A person who commits an offence under section 41(5), section 66(5) or paragraph 5 or 6(2) of Schedule 4 is liable—

(a) 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);

(b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

(c) 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);

(d) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).

(5) 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.

(6) 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.

(7) 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.

(8) 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.

Offences under regulations

54

(1) Regulations under this Act may create offences.

(2) Regulations may provide for an offence under the regulations to be triable—

(a) only summarily, or

(b) either summarily or on indictment.

(3) Regulations may provide for an offence under the regulations that is triable either way to be punishable—

(a) on summary conviction in England and Wales, with a fine;

(b) on summary conviction in Scotland or Northern Ireland, with a fine not exceeding the statutory maximum;

(c) 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).

(4) 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.

(5) Regulations may provide for a summary offence under the regulations to be punishable—

(a) in England and Wales—

(i) with a fine, or

(ii) with a fine not exceeding a prescribed amount, which must not exceed level 4 on the standard scale;

(b) in Scotland or Northern Ireland, with a fine not exceeding a prescribed amount, which must not exceed level 5 on the standard scale.

(6) This section is subject to—

(a) section 52(3) and (4);

(b) paragraph 6(2) and (3) of Schedule 3;

Offences under regulations: extended time limit in case of accident investigation etc

55

(1) 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—

(a) 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

(b) not more than six months after the commission of the offence—

(i) public notice has been given that an investigation into the accident is being carried out in accordance with regulations under section 20, or

(ii) 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.

(2) 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.

(3) 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).

(4) In this section “accident” has the same meaning as in section 20.

Defences

56

(1) 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.

(2) 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—

(a) sufficient evidence of the fact is adduced to raise an issue with respect to it, and

(b) the contrary is not proved beyond reasonable doubt.

(3) Subsection (1) does not apply to an offence under—

(a) section 3(7),

(b) section 7(9),

(d) section 32(9),

(e) section 33(8),

(f) section 41(5),

(g) section 42(5)

(h) section 66(5),

(i) Schedule 4, or

(j) paragraph 9(5) of Schedule 9.

(4) Regulations under this Act that create offences may provide for defences in relation to those offences.

Offences by bodies corporate

57

(1) This section applies where an offence created by or under this Act is committed by a body corporate.

(2) Where the offence is proved—

(a) to have been committed with the consent or connivance of an officer of the body corporate, or

(b) to be attributable to any neglect on the part of an officer of the body corporate,

the officer (as well as the body corporate) is guilty of the offence and is liable to be proceeded against and punished accordingly.

(3) In subsection (2) “officer”, in relation to a body corporate, means—

(a) a director, manager, secretary or other similar officer, or

(b) any person purporting to act in any such capacity.

In paragraph (a) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

Offences by partnerships

58

(1) Proceedings for an offence alleged to have been committed by a partnership may be brought in the name of the partnership.

(2) 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.

(3) For the purposes of such proceedings the following provisions apply as they apply in relation to a body corporate—

(a) section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates' Courts Act 1980;

(b) 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)).

(4) A fine imposed on a partnership on its conviction for an offence is to be paid out of the partnership assets.

(5) Where an offence committed by a partnership is proved—

(a) to have been committed with the consent or connivance of a partner, or

(b) to be attributable to any neglect on the part of a partner,

the partner (as well as the partnership) is guilty of the offence and is liable to be proceeded against and punished accordingly.

(6) In this section—

“offence” means an offence created by or under this Act;

“partner” includes a person purporting to act as a partner.

Civil sanctions

59

(1) In this section—

“the 2008 Act” means the Regulatory Enforcement and Sanctions Act 2008;

“offence under this Act” includes an offence under regulations made under this Act but does not include an offence under Schedule 4.

(2) 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—

(a) the regulator (within the meaning of this Act) were a regulator for the purposes of Part 3 of the 2008 Act, and

(b) the offence were a relevant offence in relation to that regulator for those purposes.

(3) 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—

(a) public safety;

(b) persons carried in spacecraft or carrier aircraft;

(c) persons at work at spaceports, mission management facilities or sites used in connection with the provision of range control services;

(d) the interests of persons in relation to the use of land, sea and airspace;

(e) the interests of persons with interests in property carried by spacecraft.

(4) 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.

(5) For the purposes of subsection (4)—

(a) 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

(b) section 68 of the 2008 Act does not apply where the regulator is the Secretary of State.

Appeals

60

Schedule 10, which makes provision for—

(a) appeals against decisions under this Act and under the Outer Space Act 1986, and

(b) the establishment of panels to consider such appeals,

has effect.

Miscellaneous

Register of launches

61

(1) The Secretary of State must maintain a register of launches that have taken place from spaceports in the United Kingdom.

(2) Subsection (1) applies only to launches resulting, or intended to result, in—

(a) a craft or object going beyond the stratosphere, or

(b) a balloon reaching the stratosphere carrying crew or passengers.

(3) 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)—

(a) the date of the launch;

(b) the spaceport from which the launch took place;

(d) the purpose of the launch.

(4) The Secretary of State must ensure that the public can view the information in the register free of charge.

(5) 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.

Charging schemes

62

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.

Provision of advice and assistance by or to an appointed person

63

(1) 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.

(2) 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.

(3) Where under subsection (1) the Secretary of State—

(a) requires an appointed person to provide advice or assistance to a person other than the Secretary of State, but

(b) does not undertake to pay the appointed person the cost of doing so,

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.

(4) 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).

(5) 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.

(6) 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.

(7) 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).

Co-operation between Secretary of State and other public authorities

64

(1) 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.

(2) The listed public authorities are—

(a) the regulator (if not the Secretary of State);

(b) the CAA (if not an appointed person);

(d) the Health and Safety Executive for Northern Ireland;

(e) the Office for Nuclear Regulation;

(f) any other public authority with which the Secretary of State considers it would be appropriate to enter into arrangements under this section.

(3) The parties to any arrangements made under this section must—

(a) review the arrangements from time to time;

(b) revise them when they consider it appropriate to do so.

Agreements with other countries: compliance with requirements etc

65

(1) 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.

(2) In this section—

“relevant agreement” means an agreement between the United Kingdom and another country relating to spaceflight activities;

“subordinate legislation” has the same meaning as in the Interpretation Act 1978 (see section 21(1) of that Act).

Use of records and documentary evidence

66

(1) 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.

(2) 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.

(3) 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—

(a) the position of a spacecraft at any material time,

(b) 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

(c) the terms or content of any message received from a spacecraft by the prescribed person or the person acting under that person's control.

(4) 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—

(a) purporting to be a copy of the record so made, and

(b) certified to be a true copy by, or on behalf of, the prescribed person or the person acting under that person's control.

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.

(5) 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.

General

Minor and consequential amendments

67

(1) Schedule 12 (minor and consequential amendments) has effect.

(2) The Secretary of State may by regulations make provision that is consequential on any provision made by this Act.

(3) Regulations under this section may not amend or repeal primary legislation.

(4) In this section “primary legislation” means—

(a) an Act of Parliament;

(b) an Act of the Scottish Parliament;

(d) Northern Ireland legislation.

Regulations: general

68

(1) Regulations may make provision generally for carrying this Act into effect and for achieving the purpose set out in section 1(1).

(2) A power to make regulations or an order under this Act may be exercised—

(a) for all cases to which the power applies, for those cases subject to specified exceptions, or for any specified cases or descriptions of case;

(b) so as to make, for the cases for which it is exercised—

(i) the full provision to which the power applies or any less provision (whether by way of exception or otherwise);

(ii) 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;

(iii) any such provision either unconditionally or subject to specified conditions.

(3) Regulations under this Act may make—

(a) different provision for different areas;

(b) provision applying to conduct or places outside the United Kingdom;

(c) 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).

(4) A power to make regulations under this Act is exercisable by the Secretary of State by statutory instrument.

(5) A statutory instrument containing regulations under this Act, other than—

(a) an instrument within subsection (6), or

(b) an instrument containing regulations under section 70,

is subject to annulment in pursuance of a resolution of either House of Parliament.

(6) A statutory instrument containing (whether alone or with other provision)—

(a) regulations under section 4(2),

(b) the first regulations to be made under section 5(2),

(d) the first regulations to be made under section 7(6),

(e) regulations under section 9,

(f) the first regulations to be made under section 13(7),

(g) the first regulations to be made under section 19,

(h) the first regulations to be made under section 23,

(i) regulations under section 35(5),

(j) regulations under section 36(3)(a),

(k) regulations under section 59,

(l) regulations under section 65, or

(m) regulations that create offences,

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.

(7) 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.

(8) 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.

(9) 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) subsections (6) to (10) of this section, and

(b) section 70,

a reference (however expressed) to regulations under this Act is to be read as including a reference to an Air Navigation Order.

(10) 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—

(a) it is included in the Air Navigation Order in reliance on subsection (9), and

(b) subsection (6) would apply to a statutory instrument containing regulations making that provision.

Interpretation

69

(1) In this Act—

“Air Navigation Order” means an Order in Council under section 60 of the Civil Aviation Act 1982;

“appointed person” means a person appointed by regulations under section 16;

“the CAA” means the Civil Aviation Authority;

“carrier aircraft” has the meaning given in section 2(6);

“carry out”, in relation to an activity, is to be read in accordance with section 1(2);

“enactment” includes—an enactment contained in subordinate legislation (within the meaning given in the Interpretation Act 1978);an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales;an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;an enactment contained in, or in an instrument made under, Northern Ireland legislation;

“injury or damage” means personal injury, death or physical damage;

“insurance”, “insured” and “reinsurance” are to be read in accordance with section 38(8);

“land order” has the meaning given in section 41(4);

“launch” is to be read in accordance with subsection (2);

“local authority” has the meaning given in section 105 of the Civil Aviation Act 1982;

“mission management facility” has the meaning given in section 19(4);

“operator licence” has the meaning given in section 3(2);

“outer space” has the same meaning as in the Outer Space Act 1986;

“prescribed” means prescribed by regulations;

“public safety” has the meaning given in section 2(6) and (7);

“range” has the meaning given in section 5(1);

“range control services” has the meaning given in section 6;

“range control licence” and “range control service provider” have the meaning given in section 7(2);

“regulated person” has the meaning given in section 28(8);

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

“risk assessment” has the meaning given in section 9(2);

“rocket” means a projectile of mainly cylindrical or similar shape that can be propelled from or above the earth by combustion of its fuel (or fuel and oxidant);

“safety regulations” means regulations under section 19;

“sea”, in relation to the United Kingdom, includes the territorial sea adjacent to the United Kingdom;

“security regulations” means regulations under section 23;

“spacecraft” has the meaning given in section 2(6);

“spaceflight activities” has the meaning given in section 1(4) to (6);

“space object” has the same meaning as in the Outer Space Act 1986;

“spaceport” has the meaning given in section 3(2) and (3);

“spaceport licence” has the meaning given in section 3(2);

“space site” has the meaning given in paragraph 5(3) of Schedule 4;

“statutory undertaker” and “statutory undertaking” have the meaning given in subsection (3), read with subsection (4);

“take part”, in relation to spaceflight activities, is to be read in accordance with section 9(9);

“training regulations” means regulations under section 18.

(2) In this Act, a reference to launching a craft includes a reference to—

(a) causing it to take off, or

(b) (in the case of balloon) releasing it,

and “launch” (as a noun) is to be read accordingly.

(3) “Statutory undertaker” means—

(a) the holder of a licence under Chapter 1 of Part 1 of the Transport Act 2000 (an “air traffic licensee”);

(b) 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);

(c) 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—

(i) a railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or

(ii) an undertaking for the supply of hydraulic power.

“Statutory undertaking” is to be read accordingly.

(4) For the purposes of this Act—

(a) 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);

(b) 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.

References to a person's undertaking are to be read accordingly.

(5) 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.

Commencement

70

(1) 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.

(2) Regulations under this section—

(a) may appoint different days for different purposes;

(b) may make transitional, transitory or saving provision.

Extent

71

(1) Subject to the following subsections, this Act extends to England and Wales, Scotland and Northern Ireland.

(2) The following provisions do not extend to Northern Ireland—

(a) section 39(12);

(b) section 46 and Schedule 9;

(3) Section 48 extends to Northern Ireland only.

(4) An amendment made by Schedule 12 has the same extent as the provision to which it relates.

(5) 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—

(a) any of the Channel Islands;

(b) the Isle of Man;

Short title

72

This Act may be cited as the Space Industry Act 2018.

SCHEDULE 1

1

Conditions as to compliance with—

(a) safety requirements regarding the design and operation of spacecraft, carrier aircraft and payloads;

(b) 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;

(d) requirements relating to range, tracking, surveillance, risk management, weather measurement and meteorological forecasting;

(e) 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;

(f) requirements for the protection of sensitive or restricted information, technology or items;

(g) space debris mitigation guidelines.

2

Conditions as to following advice given by a range control service provider.

3

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).

4

Conditions as to trajectories and mission profiles.

5

Conditions requiring the licensee to provide the regulator, or a range control service provider, as soon as possible with—

(a) information as to the date and location of any launch;

(b) the basic orbital parameters of any space object to be put into orbit, including nodal period, inclination, apogee and perigee;

(c) 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.

6

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.

7

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.

8

Conditions imposing restrictions as to areas in relation to which, the times at which and the manner in which spaceflight activities are carried out.

9

Conditions requiring the licensee to notify specified persons—

(a) 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;

(b) of any risk of damage to persons or property in the area whilst the activities are carried out.

10

Conditions requiring—

(a) the launch of a spacecraft or carrier aircraft to be aborted or delayed, or

(b) unmanned spacecraft or other objects to be destroyed,

in specified circumstances.

11

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.

12

Conditions designed to secure compliance with—

(a) obligations of the United Kingdom under agreements entered into with other countries;

(b) any other international obligations of the United Kingdom.

13

Conditions imposing restrictions or prohibitions on spacecraft or carrier aircraft landing outside the United Kingdom.

14

Conditions requiring the licensee to conduct the licensee's activities in such a way as—

(a) to prevent the contamination of outer space or adverse changes in the environment of the earth,

(b) to avoid interference with the activities of others in the peaceful exploration and use of outer space,

(d) not to prejudice the foreign policy of Her Majesty's government in the United Kingdom.

15

Conditions requiring spaceflight activities to be carried out at—

(a) a spaceport that the licensee or another person is authorised to operate by a spaceport licence,

(b) an aerodrome licensed under an Air Navigation Order,

(d) 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.

16

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.

17

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.

18

Conditions permitting inspection by the regulator (or a person acting on the regulator's behalf) of—

(a) a spaceport, mission management facility or other site used or operated by the licensee, and

(b) any facilities, equipment, spacecraft, carrier aircraft or other vehicles on it.

19

Conditions permitting testing by the regulator (or a person acting on the regulator's behalf) of—

(a) the equipment at a spaceport or mission management facility, or

(b) any other equipment used by the licensee.

20

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.

21

Conditions permitting the regulator to attend the launch of any spacecraft or carrier aircraft.

22

Conditions permitting the regulator to attend specified meetings.

23

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).

24

Conditions relating to the security of—

(a) spaceports or mission management facilities, or particular areas of them;

(b) facilities, equipment, spacecraft, carrier aircraft, other vehicles, payloads, cargo, supplies or other things at spaceports or mission management facilities.

25

Conditions relating to the use, processing, communication and distribution of data obtained in the course of spaceflight activities.

26

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.

27

Conditions corresponding to or supplementing—

(a) the prohibition in section 17 on individuals taking part in spaceflight activities unless they have consented to accept the risks involved;

(b) requirements as to training, qualifications and medical fitness prescribed under section 18.

28

Conditions requiring licensees—

(a) to keep risk assessments under review,

(b) to revise them as necessary, and

29

Conditions imposing restrictions or requirements as to persons involved in spaceflight activities.

30

Conditions as to the qualifications of persons involved in spaceflight activities.

31

Conditions as to the responsibilities of persons involved in spaceflight activities.

32

Conditions requiring co-operation with any accident investigations.

33

Conditions imposing restrictions or requirements as to the carriage for reward of people or cargo in spacecraft or carrier aircraft.

34

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.

35

Conditions requiring insurance or indemnities, including—

(a) conditions requiring liability to third parties to be insured for no less than a specified amount;

(b) conditions as to compliance with requirements imposed by regulations under section 38(1).

36

Conditions requiring waivers or indemnities to be provided, including conditions requiring—

(a) the holder of a spaceflight licence, and

(b) 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)),

to enter into reciprocal waivers of liability in respect of any injury or damage resulting from the carrying out of those activities.

37

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.

38

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.

39

Conditions providing for the review or termination of the licence on the happening of specified events.

SCHEDULE 2

1

(1) Training regulations may make provision requiring an individual's competence—

(a) to take part in, or otherwise to be engaged in connection with, prescribed activities in a prescribed role or capacity, or

(b) to work at a prescribed place, or to work at a prescribed place in a prescribed role or capacity,

to be assessed by a person approved by, or on behalf of, the regulator.

(2) 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.

2

(1) Training regulations may make provision requiring training to be provided only by a person approved by, or on behalf of, the regulator.

(2) Training regulations may make provision—

(a) requiring training to cover prescribed matters;

(b) requiring the content of training to be approved by, or on behalf of, the regulator.

(3) Training regulations may make provision about—

(a) training facilities;

(b) craft or vehicles to be used for the purposes of training;

(4) Training regulations may make provision about inspection of approved training providers and approved assessors.

3

Training regulations may make provision about keeping records of training undertaken or provided.

4

Training regulations may—

(a) 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);

(b) make provision for any such document to be granted subject to conditions or limitation of time;

(c) make provision about the suspension, revocation, recognition, renewal or variation of any such document (including provision about the examinations and tests to be undergone);

(d) make provision about the form, custody, protection, cancellation, suspension, endorsement and surrender of any such document.

SCHEDULE 3

1

(1) Safety regulations may make provision for prohibiting craft from being used in spaceflight activities—

(a) unless prescribed conditions are complied with, or

(b) at all.

(2) Safety regulations may make provision for the detention of spacecraft.

(3) Safety regulations may make provision as to—

(a) the conditions under which space objects and carrier aircraft may be launched and operated;

(b) the conditions under which spaceflight activities may be carried out;

(4) Safety regulations may make provision—

(a) for minimising or preventing interference with the use, or the effectiveness, of apparatus used in connection with the navigation of spacecraft or carrier aircraft;

(b) for prohibiting the use of any apparatus in connection with the navigation of spacecraft or carrier aircraft;

(5) Safety regulations may make provision for prohibiting or regulating the display of signs or lights liable to endanger spacecraft.

2

(1) Safety regulations may make provision for prohibiting the carriage of passengers in spacecraft or carrier aircraft—

(a) unless prescribed conditions are complied with, or

(b) at all.

(2) Safety regulations may make provision for prohibiting the carrying on of prescribed activities on board spacecraft or carrier aircraft—

(a) unless prescribed conditions are complied with, or

(b) at all.

(3) Safety regulations may make provision for safeguarding the health of people carried in spacecraft or carrier aircraft.

3

(1) 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—

(a) radioactive material, or

(b) other materials or items that may be hazardous to persons or the environment.

(2) Safety regulations may make provision about payloads carried by spacecraft.

4

(1) 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.

(2) Safety regulations may make provision for the licensing of individuals employed at spaceports in the inspection or supervision of spacecraft or carrier aircraft.

5

Safety regulations may make provision under which—

(a) 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

(b) 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.

6

(1) Safety regulations may—

(a) provide for any of sections 92 to 94 of the Railways and Transport Safety Act 2003 (aviation: alcohol and drugs) to apply (to the extent that they otherwise would not) in relation to spaceflight activities;

(b) provide for any of those provisions of that Act to apply with prescribed modifications;

(2) The power in sub-paragraph (1)(b) does not include power—

(a) to modify the mode of trial for an offence, or

(b) to specify greater penalties for it.

(3) The power in sub-paragraph (1)(c) does not include power—

(a) to make different provision with regard to the mode of trial for a new offence, or

(b) to specify greater penalties for a new offence,

as compared with the provision or penalties that apply to the existing offence to which the new offence corresponds.

7

Safety regulations may make provision—

(a) 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;

(b) as to the form, custody, production, cancellation, suspension, endorsement and surrender of any such document.

SCHEDULE 4

Hijacking of spacecraft

1

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.

Destroying, damaging or endangering safety of spacecraft

2

(1) It is an offence for a person unlawfully and intentionally—

(a) to destroy a UK-launched spacecraft,

(b) to damage a UK-launched spacecraft in a way that renders it incapable of flight or is likely to endanger its safety in flight,

(c) to commit on board a UK-launched spacecraft in flight an act of violence that is likely to endanger the safety of the spacecraft or of a carrier aircraft by which it is being carried, or

(d) to commit on board a UK-launched carrier aircraft in flight an act of violence that is likely to endanger the safety of a spacecraft carried by it.

(2) It is also an offence for a person unlawfully and intentionally—

(a) to place on a UK-launched spacecraft, or to cause to be placed on such a spacecraft, a device or substance that is likely—

(i) to destroy the spacecraft or a carrier aircraft by which it is being carried, or

(ii) to damage the spacecraft or carrier aircraft in a way that renders it incapable of flight or is likely to endanger its safety in flight, or

(b) to place on a UK-launched carrier aircraft, or to cause to be placed on such an aircraft, a device or substance that is likely—

(i) to destroy a spacecraft carried by it, or

(ii) to damage such a spacecraft in a way that renders it incapable of flight or is likely to endanger its safety in flight.

(3) 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—

(a) is being prepared for launch,

(b) is in flight, or

(4) Sub-paragraph (2) does not limit the circumstances in which the commission of an act—

(a) may constitute an offence under sub-paragraph (1), or

(b) may constitute attempting or conspiring to commit, or aiding, abetting, counselling or procuring, or being art and part in, the commission of such an offence.

(5) In this paragraph “unlawfully”—

(a) in relation to the commission of an act in the United Kingdom, means so as (apart from this Act) to constitute an offence under the law of the part of the United Kingdom in which the act is committed;

(b) in relation to the commission of an act outside the United Kingdom, means so that the commission of the act would (apart from this Act) have been an offence under the law in force in the place where the spacecraft in question was launched, or (as the case may be) was to be launched, if it had been committed in that place.

Other acts endangering or likely to endanger safety of spacecraft

3

(1) It is an offence for a person unlawfully and intentionally—

(a) to destroy or damage property to which sub-paragraph (2) applies, or

(b) to interfere with the operation of such property,

if the destruction, damage or interference is likely to endanger the safety of a UK-launched spacecraft in flight.

(2) This sub-paragraph applies to property used for or in connection with operating a spacecraft, including—

(a) any carrier aircraft so used,

(b) any land, building or ship so used, and

(3) 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.

(4) It is a defence for a person charged with an offence under sub-paragraph (3) to prove—

(a) that he or she believed, and had reasonable grounds for believing, that the information was true, or

(b) that, when the person communicated the information, he or she was lawfully employed to perform duties that consisted of or included the communication of information and that he or she communicated the information in good faith in the performance of those duties.

(5) In this paragraph “unlawfully” has the same meaning as in paragraph 2.

Endangering safety at spaceports

4

(1) 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—

(a) causes or is likely to cause death or serious personal injury, and

(b) endangers or is likely to endanger the safe operation of the spaceport or the safety of persons at the spaceport.

(2) It is also an offence for a person, by means of a device, substance or weapon, unlawfully and intentionally—

(a) to destroy or seriously to damage—

(i) property used for the provision of facilities at a spaceport (including any apparatus or equipment so used), or

(ii) a spacecraft or carrier aircraft at a spaceport, other than a craft that is being prepared for launch or has completed a flight within the previous 24 hours, or

(b) to disrupt the services of a spaceport,

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.

(3) Sub-paragraphs (1) and (2) apply—

(a) whether the act in question is committed in the United Kingdom or elsewhere, and

(b) whatever the nationality of the person committing the act.

(4) In this paragraph “unlawfully” has the same meaning as in paragraph 2.

Offences in relation to certain dangerous articles

5

(1) It is an offence for a person to have with him or her an article to which sub- paragraph (2) applies—

(a) on board a UK-launched spacecraft in flight, or

(b) at a space site in the United Kingdom.

(2) The articles to which this sub-paragraph applies are—

(a) a firearm, or an article that has the appearance of being a firearm, whether capable of being discharged or not;

(b) an explosive, an article manufactured or adapted (whether in the form of a bomb, grenade or otherwise) so as to have the appearance of being an explosive, whether it is capable of producing a practical effect by explosion or not, or any article marked or labelled so as to indicate that it is or contains an explosive;

(c) an article (not falling within paragraph (a) or (b)) made or adapted for use for causing injury to or incapacitating a person or for destroying or damaging property, or intended by the person having it with him or her for such use, whether by that person or another.

(3) In this Act “space site” means—

(a) a spaceport;

(b) a mission management facility;

(4) 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.

(5) For the purposes of this paragraph, a person in a spacecraft is treated as having an article with him or her if—

(a) the article (or an article in which it is contained) is on board the spacecraft, and

(b) the person, or someone acting in association with the person, has caused it to be brought there to be carried on a flight in the spacecraft.

(6) For the purposes of this paragraph, a person at a spaceport is treated as having an article with him or her if—

(a) the article (or an article in which it is contained) is at the spaceport, and

(b) the person, or someone acting in association with the person, has caused it to be brought there to be carried on a flight from that spaceport on which the person is also to be carried.

(7) Sub-paragraph (5) or (6)—

(a) applies even if the circumstances are such that the person would not otherwise be regarded as having the article with him or her in the spacecraft or spaceport;

(b) does not limit the circumstances in which a person would otherwise be regarded as having an article with him or her.

Powers exercisable on suspicion of intended offence under this Schedule

6

(1) 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—

(a) prevent the person from embarking on the spacecraft or (as the case may be) the carrier aircraft by which it is to be carried;

(b) remove the person from that craft (if it has not yet been launched);

(c) arrest the person without warrant and detain him or her for so long as necessary to prevent the person from being on a flight in that craft.

(2) It is an offence for a person intentionally to obstruct a constable acting in the exercise of a power conferred by sub-paragraph (1).

(3) Sub-paragraph (1) does not affect the operation in relation to an offence under this Act—

(a) in England and Wales, of sections 24 and 24A of the Police and Criminal Evidence Act 1984 (which confer powers to arrest without warrant) or section 3 of the Criminal Law Act 1967 (use of force in making arrest etc);

(b) in Scotland, of section 1 or 45 of the Criminal Justice (Scotland) Act 2016 (2016 asp 1);

(c) in Northern Ireland, of Articles 26 and 26A of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) or section 3 of the Criminal Law Act (Northern Ireland) 1967.

Prosecution of offences

7

Proceedings for an offence under paragraph 1, 2, 3 or 4 may be instituted—

(a) in England and Wales, only by or with the consent of the Attorney General;

(b) in Northern Ireland, only by or with the consent of the Director of Public Prosecutions for Northern Ireland.

Interpretation

8

(1) In this Schedule—

“act of violence” means—an act done in the United Kingdom that constitutes the 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 or under section 2 of the Explosive Substances Act 1883;an act done outside the United Kingdom that, if done in the United Kingdom, would constitute an offence mentioned in paragraph (a);

“article” includes any substance, whether in solid or liquid form or in the form of a gas or vapour;

“constable” includes any person who has the powers and privileges of a constable;

“explosive” means any article manufactured for the purpose of producing a practical effect by explosion, or intended for that purpose by a person having the article with him or her;

“firearm” includes an airgun or air pistol;

“property” includes any article of any description;

“UK-launched spacecraft” or “UK-launched carrier aircraft” means a spacecraft or carrier aircraft that has been launched, or (as the case may be) is to be launched, in the United Kingdom.

(2) For the purposes of this Schedule, the period during which a spacecraft or carrier aircraft is in flight is treated as including—

(a) in the case of a manned spacecraft or a carrier aircraft, any period from the moment when all its external doors or hatches are closed following embarkation until the moment when any external door or hatch is opened for disembarkation;

(b) in the case of an unmanned spacecraft, any period from the moment of ignition of any of its engines in preparation for launch until the first moment after landing when none of its engines is still running;

(c) in the case of a forced landing, any period until the competent authorities take over responsibility for the spacecraft or carrier aircraft and for any persons and property on board.

References to a spacecraft or carrier aircraft having completed a flight are to be read accordingly.

SCHEDULE 5

1

(1) Security regulations may make provision for the purpose of ensuring security in relation to—

(a) space sites or prescribed areas of space sites;

(b) facilities, equipment, spacecraft, carrier aircraft, other vehicles, payloads, cargo, supplies or other things at space sites.

(2) Security regulations may provide for—

(a) national security vetting of persons permitted to enter areas of space sites to which access is restricted;

(b) screening (whether by searches or otherwise) of persons seeking to enter such areas;

(d) screening (whether by inspection or otherwise) of vehicles, payloads, cargo, supplies or other things for the purpose of deciding whether they may be allowed to enter space sites or prescribed areas of space sites.

(3) 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.

(4) Security regulations may make provision about the training and qualifications of persons responsible for implementing security measures at space sites.

(5) Security regulations may—

(a) make provision requiring or prohibiting the use of systems for the destruction, in particular circumstances (automatically or otherwise), of spacecraft or space objects in flight or orbit;

(b) make provision for the physical security of explosives or other dangerous materials used in connection with such systems;

2

(1) Security regulations may—

(a) provide for any of the listed provisions to apply (to the extent that they otherwise would not) in relation to space sites, spaceflight activities, spacecraft and carrier aircraft;

(b) provide for any of the listed provisions to apply with prescribed modifications;

(2) The listed provisions are—

(a) Part 2 of the Aviation Security Act 1982 (protection of aircraft, aerodromes and air navigation installations against acts of violence) except for sections 20A, 21, 21F, 21G, 21J and 22A;

(b) Part 2A of that Act (security planning for aerodromes);

3

(1) 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—

(a) regulations under section 21F of the Aviation Security Act 1982 (air cargo agents);

(b) regulations under section 21G of that Act (duty to report certain occurrences).

(2) 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.

(3) 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.

4

(1) A power under this Schedule to apply with modifications a provision that creates an offence does not include power—

(a) to modify the mode of trial for the offence, or

(b) to specify greater penalties for it.

(2) A power under this Schedule to make provision corresponding to a provision that creates an offence does not include power—

(a) to make different provision with regard to the mode of trial for a new offence, or

(b) to specify greater penalties for a new offence,

as compared with the provision or penalties that apply to the existing offence to which the new offence corresponds.

SCHEDULE 6

Part 1 — Orders under section 39 and land orders

Procedure where it is proposed to make, or apply for, an order under section 39 or a land order

1

(1) Before making an order under section 39 or a land order, the Secretary of State must—

(a) publish a notice in one or more newspapers circulating in the locality in which the land is situated;

(b) serve a notice on every owner, lessee and occupier of any of the land;

(2) In this Part “owner” has the meaning given in section 56 of the Civil Aviation Act 1982.

(3) A notice published or served under sub-paragraph (1) must—

(a) state that the Secretary of State proposes to make the order;

(b) state the effect of the proposed order;

(4) 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.

(5) 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”).

2

(1) Before making an application for an order under section 39 or for a land order, the licensee must—

(a) publish a notice in one or more newspapers circulating in the locality in which the land is situated;

(b) serve a notice on every owner, lessee and occupier of any of the land;

(2) A notice published or served under sub-paragraph (1) must—

(a) state that the licensee proposes to apply for an order;

(b) state the effect of the order that is to be applied for;

(3) 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.

Objections to a proposed order

3

(1) 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.

(2) Before making the relevant order, the Secretary of State must either—

(a) cause a public local inquiry to be held, or

(b) give the person who made the objection the opportunity to appear before and be heard by a person appointed by the Secretary of State for that purpose.

(3) The Secretary of State may make the relevant order if he or she thinks it appropriate to do so after considering—

(a) the objection, and

(b) the report of the person holding the inquiry or the person appointed under sub-paragraph (2)(b) (as the case may be).

4

If—

(a) no person served with a notice under paragraph 1 or 2 makes an objection in accordance with the notice, or

(b) any such objections are withdrawn,

the Secretary of State may make the relevant order.

5

Despite paragraphs 3 and 4, the Secretary of State—

(a) may require a person to provide that person's objections to a proposed order in writing;

(b) 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.

Procedure after making an order

6

(1) Immediately after the making of an order under section 39 or a land order, the relevant person must—

(a) publish a notice in one or more newspapers circulating in the locality in which the land is situated, and

(b) serve a notice—

(i) on every owner, lessee and occupier of any of the land,

(ii) on every local authority within whose area any of the land is situated, and

(iii) on any person (not within sub-paragraph (i) or (ii)) who duly objected to the making of the order and has not withdrawn that objection.

(2) A notice under sub-paragraph (1) must—

(a) state that the relevant order has been made;

(b) specify a place where a copy of the order may be inspected at reasonable hours.

(3) In sub-paragraph (1) “the relevant person”—

(a) in relation to an order under section 39, means the person in whose favour the order is made;

(b) in relation to a land order, means the operator of the spaceport specified in the order.

Part 2 — Orders under section 41 that are not land orders

Procedure where it is proposed to make an order under section 41 that is not a land order

7

(1) 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.

(2) A notice under sub-paragraph (1) must—

(a) state that the Secretary of State proposes to make the order;

(b) state the effect of the proposed order.

Procedure after making an order

8

(1) Immediately after the making of an order under section 41 that is not a land order, the Secretary of State must—

(a) publish a notice in one or more newspapers circulating in the locality to which the order relates;

(b) serve a copy of that notice on any person who, in the opinion of the Secretary of State, is likely to be affected by the order.

(2) A notice under sub-paragraph (1) must—

(a) state that the order has been made;

(b) specify a place where a copy of the order may be inspected at reasonable hours.

SCHEDULE 7

Application to quash an order

1

(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.

(2) An application under this paragraph may be made on the ground—

(a) that the order, or any provision of it, is not within the powers of the Secretary of State, or

(b) that any requirement of this Act has not been complied with in relation to the order.

Time limit

2

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.

Determination of application

3

(1) When an application is made, the appropriate court—

(a) may by interim order suspend the operation of the order in question, or of any of its provisions, until the proceedings are finally determined;

(b) may, if satisfied as required by sub-paragraph (2), quash the order or any of its provisions.

(2) The appropriate court is satisfied as required by this sub-paragraph if it is satisfied—

(a) that the order is, or any of its provisions are, outside the powers of the Secretary of State, or

(b) that the interests of the applicant have been substantially prejudiced by any requirement of this Act not having been complied with.

(3) 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.

“The appropriate court”

4

In this Schedule “the appropriate court”—

(a) in relation to England and Wales and Northern Ireland, means the High Court;

(b) in relation to Scotland, means the Court of Session.

SCHEDULE 8

Part 1 — Compensation in connection with diminution in value of interest in land

Compensation for diminution in the value of interest in land

1

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.

2

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.

Assessing compensation

3

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.

Interest subject to mortgage or heritable security

4

(1) Where an interest in land is subject to a mortgage or, in Scotland, to a heritable security—

(a) any compensation payable under paragraph 1 or 2 is to be assessed as if the interest were not subject to the mortgage or heritable security;

(b) a claim for any such compensation may be made by the mortgagee of the interest or, in Scotland, by any creditor in the heritable security;

(c) a mortgagee or, in Scotland, a creditor in the heritable security is not entitled to claim compensation under paragraph 1 or 2 in respect of the person's interest as such;

(d) the compensation payable in respect of the interest subject to the mortgage or heritable security may be paid to whichever of the claimants the Secretary of State thinks proper, and is to be applied by that claimant in whatever way is—

(i) agreed by the parties interested, or

(ii) in default of agreement, determined by arbitration.

(2) Sub-paragraph (1)(b) does not prevent the person entitled to the interest from making a claim for compensation.

Part 2 — Compensation in connection with damage to land or interference with use etc of land

Damage to land

5

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.

6

Where land is damaged—

(a) in the exercise of a power conferred under section 42, or

(b) in carrying out a survey for the purposes for which such a power is conferred,

the person in whose favour the order under section 39 was made must pay just compensation to the persons interested in the land.

Disturbance in enjoyment of right in or over land etc

7

A person who sustains damage that—

(a) 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

(b) does not consist of a diminution in the value of an interest in the land,

is entitled to recover compensation for the damage from the operator of the spaceport specified in the order.

Part 3 — General

Disputes

8

Where any dispute arises—

(a) as to whether compensation is payable under this Schedule,

(b) as to the amount of compensation payable, or

the dispute is to be referred to and determined by the appropriate tribunal.

Statutory undertakers

9

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.

Interpretation

10

In this Schedule—

“the appropriate tribunal”—in relation to England and Wales, means the Upper Tribunal;in relation to Scotland, means the Lands Tribunal for Scotland;in relation in Northern Ireland, means the Lands Tribunal for Northern Ireland;

“the land compensation provisions”—in the case of land in England and Wales, means section 5 of the Land Compensation Act 1961;in the case of land in Scotland, means section 12 of the Land Compensation (Scotland) Act 1963;in the case of land in Northern Ireland, means the Land Compensation (Northern Ireland) Order 1982 (despite paragraph 4 of Schedule 1 to that Order, which confines the operation of the Order to matters that were within the legislative competence of the Parliament of the Northern Ireland);

“mortgage” includes an equitable charge and any other encumbrance, and also includes a sub-mortgage;

“mortgagee” is to be read accordingly;

“heritable security” means a heritable security within the meaning of the Conveyancing (Scotland) Act 1924, but inclusive of a security constituted by ex facie absolute disposition.

SCHEDULE 9

Part 1 — Compensation

Application of this Part

1

(1) 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.

(2) 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.

Assessment of compensation

2

(1) The amount of the compensation, if not agreed, is to be assessed by the appropriate tribunal.

(2) “The appropriate tribunal”—

(a) in relation to England and Wales, means the Upper Tribunal;

(b) in relation to Scotland, means the Lands Tribunal for Scotland.

Amount of compensation

3

(1) The amount of the compensation is—

(a) in the case of land in England and Wales, an amount calculated in accordance with subsections (2) to (5), (7) and (8) of section 280 the Town and Country Planning Act 1990 (“the 1990 Act”);

(b) in the case of land in Scotland, an amount calculated in accordance with subsections (2) to (5), (7) and (8) of section 233 of the Town and Country Planning (Scotland) Act 1997 (“the 1997 Act”).

(2) 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—

(a) in paragraph (c) of subsection (2), the words “is under section 279(2) or (3) and” were omitted;

(b) after that paragraph there were inserted—

(d) in respect of the imposition of a requirement to demolish a building or other structure either wholly or partly, any expense reasonably incurred by the person carrying on the undertaking in complying with the requirement, reduced by the value to that person of any materials from the demolished building or structure, or from the demolished part of the building or structure, as the case may be;

;

(i) in paragraph (a), the words “except in relation to compensation under section 279(4)” were omitted;

(ii) in that paragraph, the reference to the imposition of a requirement included a reference to anything that may be done as a result of an order made under section 39 or 41;

(iii) paragraph (b) were omitted.

(3) 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—

(a) in paragraph (c) of subsection (2), the words “is under section 232(2) or (3) and” were omitted;

(b) after that paragraph there were inserted—

(d) in respect of the imposition of a requirement to demolish a building or other structure either wholly or partly, any expense reasonably incurred by the person carrying on the undertaking in complying with the requirement, reduced by the value to that person of any materials from the demolished building or structure, or from the demolished part of the building or structure, as the case may be;

;

(i) in paragraph (a), the words “except in relation to compensation under section 232(4)” were omitted;

(ii) in that paragraph, the reference to the imposition of a requirement included a reference to anything that may be done as a result of an order made under section 39 or 41;

(iii) paragraph (b) were omitted.

Part 2 — Adjustment of the functions of statutory undertakers

Modification of powers and duties of statutory undertakers

4

(1) 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.

(2) An order under this paragraph may extend or modify the powers and duties of a statutory undertaker.

(3) An order under this paragraph may make provision—

(a) giving a statutory undertaker powers to acquire (whether compulsorily or by agreement) specified land or to erect or construct specified buildings or works;

(b) applying, in relation to the acquisition of specified land or the construction of specified works, enactments relating to the acquisition of land or the construction of works.

“Specified” means specified in the order.

(4) An order under this paragraph may contain incidental and supplementary provision.

(5) Sub-paragraphs (3) and (4) do not limit sub-paragraph (2).

Relief of statutory undertakers from obligations

5

(1) 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—

(a) absolutely, or

(b) to the extent specified in the order.

(2) 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.

Procedure before making an order under paragraph 4 or 5

6

(1) As soon as possible after making a representation under paragraph 4 or 5, the statutory undertaker must—

(a) publish a notice in the manner directed, and

(b) if directed to do so, serve a notice on such persons or classes of persons as directed.

(2) A notice under sub-paragraph (1) must—

(a) be in the form directed;

(b) give such particulars about the representation as directed;

(c) specify the day by which, and the manner in which, objections to the making of the order on the representation may be made.

(3) In this paragraph “directed” means directed by the Secretary of State.

Objections to order under paragraph 4

7

(1) Where no objection is made under paragraph 6, or all objections are withdrawn, the Secretary of State may make the relevant order.

(2) If an objection is made under paragraph 6 and not withdrawn—

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