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

(b) specify the purposes for which entry will be made.

(8) Subsection (6) does not restrict any right of any person to enter land—

(a) in a case of emergency, or

(b) for the purpose of performing any functions that are required to be performed in connection with the maintenance or use of any works, structures or apparatus.

(9) The ownership of anything is not affected by reason only that it is placed on or under, or affixed, to any land in pursuance of an order under this section.

(10) For the purposes of this section, a reference to carrying out works on land includes a reference to excavating the land or carrying out levelling operations on the land.

A reference to maintaining works is to be read accordingly.

(11) Part 1 of Schedule 6 makes further provision in relation to orders under this section.

(12) An order under this section is subject to special parliamentary procedure if—

(a) the order provides for the creation of any right over, in or in relation to land held by a statutory undertaker for the purposes of the carrying on of the undertaker's undertaking, and

(b) the Secretary of State certifies, in response to a representation made by the statutory undertaker before the relevant day, that he or she is satisfied that the right could not be enjoyed without serious detriment to the carrying on of the undertaker's undertaking.

“The relevant day” means the day specified in the notice served on the statutory undertaker under paragraph 1(1)(b) of Schedule 6 or (as the case may be) paragraph 2(1)(b) of that Schedule.

Orders under section 39: offences

40

(1) Whilst an order under section 39 is in force, a person must not, without the consent of the person in whose favour the order is made, interfere with—

(a) any works carried out on any land under the order, or

(b) anything installed on, under, over or across any land under the order.

(2) A person who contravenes subsection (1) commits an offence.

(3) A person who obstructs any person in the exercise of a power of entry conferred by an order under section 39 commits an offence.

(4) Proceedings for an offence under this section may be instituted—

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

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

(5) For the purposes of this section, a reference to the carrying out of works on land includes a reference to excavating the land or the carrying out of levelling operations on the land.

A reference to interfering with works is to be read accordingly.

Power to restrict use of land temporarily

41

(1) The Secretary of State may by order temporarily restrict or prohibit the use of a specified area of land or water as a place for the arrival and departure of aircraft or spacecraft if satisfied that it is appropriate to do so—

(a) to secure that a specified launch or landing may be safely carried out at a specified spaceport, or

(b) to prevent a specified launch or landing at a specified spaceport from endangering persons or property.

(2) An order under subsection (1) may not restrict or prohibit the use of an area of tidal waters that is beyond those of the territorial sea adjacent to the United Kingdom.

(3) An order under subsection (1) must specify the period, or periods, during which the use of the specified area of land or water is restricted or prohibited.

(4) Schedule 6 makes further provision in relation to orders under subsection (1).

In that Schedule—

(a) Part 1 applies to orders under this section that do not prohibit or restrict the use of water (“land orders”);

(b) Part 2 applies to orders under this section that are not land orders.

(5) It is an offence to contravene a provision of an order under subsection (1).

(6) An offence under subsection (5) committed on tidal waters outside the ordinary jurisdiction of a court of summary jurisdiction may be tried and punished by such a court as if it had been committed in the nearest part of the United Kingdom that is within the jurisdiction of such a court.

(7) Subsection (6), as it applies in relation to Scotland, does not confer jurisdiction on any court of summary jurisdiction other than the sheriff court.

(8) Proceedings for an offence under subsection (5) may be instituted—

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

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

(9) In this section—

“launch or landing” means a launch or landing of a spacecraft or carrier aircraft;

“specified” means specified in an order under subsection (1).

Power of entry for purposes of survey

42

(1) Where the Secretary of State has made, or is considering the making of, an order under section 39 the Secretary of State may authorise a person to enter any of the relevant land—

(a) to carry out any survey that the Secretary of State requires to be carried out for the purpose of determining whether the order should be made, or

(b) to carry out any survey that the person in whose favour the order was made, or is to be made, requires to be carried out for the purpose of any steps to be taken in consequence of the order.

(2) An authorisation under subsection (1) must be in writing.

(3) A person authorised under subsection (1)—

(a) may enter the relevant land at any reasonable time for the purpose of carrying out the survey;

(b) must, if asked, produce evidence of the person's authority to enter the land.

(4) A person authorised under subsection (1) may demand admission as of right to any land that is occupied only if eight days' notice of the intended entry has been served on the occupier.

(5) A person who obstructs a person authorised under subsection (1) in the exercise of a power under this section commits an offence.

(6) Proceedings for an offence under this section may be instituted—

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

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

Challenges to and commencement of orders

43

(1) A proposal to make an order under section 39 or 41 may be challenged under paragraph 3 of Schedule 6 but may not otherwise be challenged in any legal proceedings.

(2) An order under section 39 or 41 may be challenged under Schedule 7 but may not otherwise be challenged in any legal proceedings.

(3) Subject to Schedule 7 and section 49(5), an order under section 39 or 41 becomes operative at the end of the period of six weeks beginning with the day on which the notice that the order has been made is published under paragraph 6(1)(a) or 8(1)(a) (as the case may be) of Schedule 6.

Powers in relation to land: compensation

44

Schedule 8, which makes provision about compensation in connection with orders under sections 39 and 41 and powers of entry conferred under section 42, has effect.

Registration of orders

45

(1) Orders under section 39 are, when operative, local land charges in England and Wales.

(2) In Scotland, where an order under section 39 becomes operative—

(a) it must be registered in the Land Register of Scotland or (as the case may be) recorded in the Register of Sasines;

(b) on being registered or recorded it is enforceable against any person having or subsequently acquiring any right in the land to which the order relates.

(3) Where an order under section 39 affects land in Northern Ireland, it is to be included among the matters that are required to be registered in the Statutory Charges Register.

Powers in relation to land: supplementary

Special provisions relating to statutory undertakers

46

Schedule 9, which makes provision—

(a) about the assessment of compensation payable to a statutory undertaker in consequence of an order under section 39 or 41, and

(b) for the adjustment of the functions of statutory undertakers that may be necessary in consequence of such an order,

has effect.

Compensation in respect of planning decisions relating to spaceport safety etc: England and Wales and Scotland

47

(1) A local planning authority is entitled to recover from the relevant person a sum equal to any compensation that authority is liable to pay, if—

(a) the planning authority becomes liable to pay compensation under any of the provisions set out in subsection (3) (which relate to compensation for certain planning restrictions, for purchase notices that do not take effect and in respect of undertakers' operational land), and

(b) the liability is attributable to a planning decision that would not have been taken, or an order that would not have been made, but for the need to secure the safe and efficient operation of—

(i) a spaceport, or

(ii) range control apparatus.

(2) “The relevant person” is—

(a) where subsection (1)(b)(i) applies, the person authorised to operate the spaceport by a spaceport licence;

(b) where subsection (1)(b)(ii) applies, the range control service provider who operates the relevant range control apparatus.

(3) The provisions are—

(a) sections 107, 108, 144(2) and 279(1) of the Town and Country Planning Act 1990 (“the 1990 Act”);

(b) sections 76, 77, 95(2) and 232(1) of the Town and Country Planning (Scotland) Act 1997 (“the 1997 Act”).

(4) Where a sum is payable or paid by the relevant person to a local planning authority under subsection (1), the authority must refund to the relevant person any amount received by the authority in respect of compensation under sections 111 and 112 of the 1990 Act or section 82 of the 1997 Act (which relate to compensation on subsequent development).

(5) A local authority may by notice require the relevant person to purchase an interest from it for the relevant sum, if—

(a) a purchase notice is served under section 137 of the 1990 Act or section 88 of the 1997 Act in respect of a planning decision that would not have been made but for the need to secure the safe and efficient operation of the relevant spaceport or (as the case may be) the range control apparatus, and

(b) the local authority is deemed under section 139(3) or 143(1) of the 1990 Act or section 90(3) or 94(1) of the 1997 Act to have served a notice to treat in respect of the interest specified in the purchase notice.

“The relevant sum” is the amount of compensation payable by the local authority for the interest specified in the purchase notice.

(6) A notice under subsection (5)—

(a) must be in writing;

(b) must be given to the relevant person before the end of the period of one month beginning with the day on which the amount of compensation payable by the local authority for the interest specified in the purchase notice is agreed or determined.

(7) Where a notice is given to a relevant person under subsection (5), the relevant person is deemed to have contracted with the relevant local authority to purchase the interest for the relevant sum.

(8) Any dispute as to—

(a) whether a planning decision would not have been taken but for the need to secure the safe and efficient operation of a spaceport or range control apparatus, or

(b) whether an order would not have been made but for that need,

is to be referred to, and determined by, the Secretary of State.

(9) In this section—

“local planning authority”, in relation to England and Wales, includes any authority to which functions of a local planning authority are delegated;

“planning decision” means a decision made on an application under Part 3 of the 1990 Act or Part 3 of the 1997 Act;

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

Compensation in respect of planning decisions relating to spaceport safety etc: Northern Ireland

48

(1) A district council in Northern Ireland is entitled to recover from the relevant person a sum equal to any compensation that council is liable to pay, if—

(a) the council becomes liable to pay compensation to any person because of a planning decision taken under the Planning Act (Northern Ireland) 2011 by a council, the Department for Infrastructure, or the Planning Appeals Commission, and

(b) the liability is attributable to a planning decision that would not have been taken but for the need to secure the safe and efficient operation of—

(i) a spaceport, or

(ii) range control apparatus.

(2) “The relevant person” is—

(a) where subsection (1)(b)(i) applies, the person authorised to operate the spaceport by a spaceport licence;

(b) where subsection (1)(b)(ii) applies, the range control service provider who operates the relevant range control apparatus.

(3) In this section—

“planning decision” includes a revocation or modification of a planning permission under Part 3 of the Planning Act (Northern Ireland) 2011;

“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).

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