Space Industry Act 2018

Type Public General Act
Publication 2018-03-15
Last updated 2026-02-18
State In force
Department Statute Law Database
articles Not indexed
Reform history JSON API
  • (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;
  • (c) control of vehicular access to space sites or prescribed areas of space sites;
  • (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;
  • (c) make provision for the electronic security of 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;
  • (c) make provision corresponding to that made by any of the listed provisions.
  • (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);
  • (c) Part 3 of that Act (policing of aerodromes) except for section 28.
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;
  • (c) serve a notice on every local authority within whose area any of the land is situated.
  • (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;
  • (c) specify the day by which, and the manner in which, any objections to the proposed order may be made.
  • (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;
  • (c) serve a notice on every local authority within whose area any of the land is situated.
  • (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;
  • (c) specify the day by which, and the manner in which, any objections to the proposed order may be made.
  • (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

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  • (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
  • (c) as to the persons to whom compensation is payable,

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;

;

  • (c) in the definition of “proceeding giving rise to compensation” in subsection (8)—
  • (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;

;

  • (c) in the definition of “proceeding giving rise to compensation” in subsection (8)—
  • (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

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  • (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—
  • (a) in the case of land in England and Wales, subsections (3) to (11) of section 278 of the 1990 Act (objections to orders under sections 275 and 277 of that Act) have effect —
  • (i) in relation to an order under paragraph 4, as if it were an order under section 275 of that Act;
  • (ii) in relation to an order under paragraph 5, as if it were an order under section 277 of that Act;
  • (b) in the case of land in Scotland, subsections (3) to (10) of section 231 of the 1997 Act (objections to orders under sections 228 and 230 of that Act) have effect—
  • (i) in relation to an order under paragraph 4, as if it were an order under section 228 of that Act;
  • (ii) in relation to an order under paragraph or 5, as if it were an order under section 230 of that Act;
  • (c) subject to those provisions, the Secretary of State may make the relevant order.

Special parliamentary procedure

8
  • (1) An order under paragraph 4 is subject to special parliamentary procedure.
  • (2) An order under paragraph 5 is subject to special parliamentary procedure if—
  • (a) an objection is made under paragraph 6 to the making of the order, and
  • (b) the objection is not withdrawn before the order is made.

Power of entry for purposes of survey

9
  • (1) Where the Secretary of State makes, or is considering the making of, an order under paragraph 4, the Secretary of State may authorise a person to enter any of the relevant land—
  • (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 statutory undertaker requires to be carried out for the purpose of any steps to be taken in consequence of the order.
  • (2) An authorisation under sub-paragraph (1) must be in writing.
  • (3) A person authorised under sub-paragraph (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 sub-paragraph (1) may demand admission as of right to any land that is occupied only if eight days' notice of the intended entry has been served on the occupier.
  • (5) A person who obstructs a person authorised under sub-paragraph (1) in the exercise of a power under this paragraph commits an offence.
  • (6) Proceedings for an offence under this paragraph may be instituted in England and Wales only by or with the consent of the Secretary of State or the Director of Public Prosecutions.

Compensation for damage to land

10
  • (1) Where land is damaged—
  • (a) in the exercise of a power conferred under paragraph 9, or
  • (b) in carrying out a survey for the purposes for which such a power is conferred,

the relevant person must pay just compensation to the persons interested in the land.

  • (2) In this paragraph “the relevant person” means—
  • (a) where land is damaged in the exercise of a power conferred to enable the carrying out of any survey required by a statutory undertaker, or in carrying out such a survey, the statutory undertaker;
  • (b) otherwise, the Secretary of State.
  • (3) Where any dispute arises—
  • (a) as to whether compensation is payable under this paragraph,
  • (b) as to the amount of compensation payable, or
  • (c) as to the persons to whom compensation is payable,

the dispute is to be referred to and determined by the appropriate tribunal (see paragraph 2(2)).

SCHEDULE 10

Part 1 — Appeal panels

Appeal panels

1
  • (1) Regulations must make provision for the establishment of one or more panels to consider appeals.
  • (2) In this Schedule—
  • (a) “appeal” (except in Part 2) means an appeal under paragraph 2, 3 or 4;
  • (b) “panel” means a panel established under the regulations.
  • (3) Regulations under sub-paragraph (1) may in particular make provision—
  • (a) about the composition of a panel (including the appointment of one of the members of the panel as its Chair);
  • (b) about the terms of a person's appointment as a member of a panel;
  • (c) for the payment of remuneration, allowances or expenses to members of a panel;
  • (d) subject to the provisions of this Schedule, about the powers of a panel;
  • (e) about the quorum of a panel;
  • (f) about the procedure to be followed by a panel in making its decisions;
  • (g) about the appointment of staff to assist a panel.

Part 2 — Rights of appeal

Appeals: refusal to grant licence

2
  • (1) An appeal lies to a panel against—
  • (a) a decision of the regulator to refuse an application for a licence under this Act;
  • (b) a decision of the Secretary of State to refuse an application for a licence under section 4 of the Outer Space Act 1986.
  • (2) An appeal under this paragraph may be brought only by the applicant.

Appeals: decisions in connection with licences

3
  • (1) An appeal lies to a panel against a decision of the regulator or the Secretary of State—
  • (a) to grant a licence subject to conditions;
  • (b) to refuse to renew a licence;
  • (c) to refuse to consent to the transfer of a licence;
  • (d) to vary, or refuse to vary, a licence;
  • (e) to suspend a licence;
  • (f) to revoke a licence.
  • (2) An appeal under this paragraph may be brought—
  • (a) in the case of decision specified in sub-paragraph (1)(c), only by the holder of the licence or the person to whom the holder intended to transfer the licence;
  • (b) otherwise, only by the holder of the licence.
  • (3) In this paragraph “licence” means a licence under this Act or under the Outer Space Act 1986.

Appeals: other decisions

4
  • (1) An appeal lies to a panel against—
  • (a) any other decisions of the regulator under this Act, or under regulations made under this Act, that are prescribed;
  • (b) any other decisions of the Secretary of State under the Outer Space Act 1986 that are prescribed.
  • (2) An appeal against any such decision may be brought only by a prescribed person.

Part 3 — Determination of appeal

Permission to appeal

5
  • (1) An appeal to a panel may be brought only with the panel's permission.
  • (2) An application for permission to appeal under this Schedule may be made only by a person who, if permission is granted, will be entitled to bring the appeal.
  • (3) An application for permission to appeal under this Schedule must be made within the prescribed period.

Circumstances in which panel may not accept an application

6
  • (1) Where a person appeals to a panel and there is no appealable decision, the panel may not accept the appeal.
  • (2) Where the panel does not accept an appeal, it must—
  • (a) notify the person making the appeal and the person who made the decision, and
  • (b) take no further action on that appeal.
  • (3) In this paragraph “appealable decision” means a decision from which an appeal lies to a panel under this Schedule.

Determination of application for permission to appeal

7
  • (1) A panel may refuse permission to appeal under this Schedule only on the ground that—
  • (a) the appeal is brought for reasons that are trivial or vexatious, or
  • (b) the appeal does not have a reasonable prospect of success.
  • (2) A panel may grant permission to appeal under this Schedule subject to conditions.

When appeals may be allowed

8

A panel may allow an appeal only to the extent that it is satisfied that the decision appealed against was wrong on one or more of the following grounds—

  • (a) that the decision was based on an error of fact;
  • (b) that the decision was wrong in law;
  • (c) that an error was made in the exercise of a discretion.

Determination of appeal

9
  • (1) Where it does not allow an appeal, a panel must confirm the decision appealed against.
  • (2) Where it allows an appeal, a panel must do one or more of the following—
  • (a) quash the decision appealed against;
  • (b) vary the decision appealed against;
  • (c) remit the matter that is the subject of the decision appealed against to the person who made the decision for reconsideration and determination in accordance with the relevant provisions and any directions given by the panel.
  • (3) Where a panel allows only part of an appeal—
  • (a) sub-paragraph (2) applies in relation to the part of the decision in respect of which the appeal is allowed, and
  • (b) sub-paragraph (1) applies to the rest of that decision.
  • (4) A panel must not give a direction under this paragraph that requires a person to do anything that the person would not have power to do apart from this paragraph.
  • (5) A person to whom a direction is given under this paragraph must comply with it.
  • (6) A direction given under this paragraph is enforceable—
  • (a) in England and Wales and Northern Ireland, as if it were an order of the High Court, and
  • (b) in Scotland, as if it were an order of the Court of Session.
  • (7) In this paragraph “the relevant provisions”—
  • (a) where the decision appealed against was made under this Act, means the provisions of this Act;
  • (b) where the decision appealed against was made under regulations made under this Act, means those regulations;
  • (c) where the decision appealed against was made under the Outer Space Act 1986, means the provisions of that Act.

Determination of appeal: further provision

10
  • (1) Regulations may prescribe—
  • (a) the form in which a determination of a panel is to be made;
  • (b) the time at which a determination of a panel takes effect;
  • (c) persons to whom copies of a determination of a panel are to be sent.
  • (2) Regulations may make provision about publication of determinations of a panel.

Determination of appeal: time limit

11

A panel must determine an appeal within whatever period is prescribed (if any).

Part 4 — Procedure

Representations in relation to an application for permission to appeal

12
  • (1) This paragraph applies where the relevant person wishes to make representations to a panel in relation to an application under paragraph 5 for permission to appeal against a decision.
  • (2) The relevant person must make representations in writing within the prescribed period.
  • (3) The period prescribed for the purposes of sub-paragraph (2) must be one that ends after the end of the period prescribed for the purposes of paragraph 5(3).
  • (4) The relevant person must send a copy of the representations to the person who made the application for permission to appeal.
  • (5) In this paragraph “the relevant person” means the person who made the decision which is the subject of the appeal.

Intervention in an appeal

13
  • (1) Where an application is made under paragraph 5 for permission to appeal to a panel against a decision, a person may make an application for permission to intervene in the appeal to the panel.
  • (2) An application for permission to intervene may be made before the end of the prescribed period.
  • (3) An application for permission to intervene may be made after the end of that period only with the leave of the panel.
  • (4) The applicant must send a copy of the application—
  • (a) to the appellant, and
  • (b) to the person who made the decision which is the subject of the appeal.

Determination of application for permission to intervene

14
  • (1) A panel may grant permission to intervene in an appeal only if it is satisfied—
  • (a) that the applicant has a sufficient interest in the decision which is the subject of the appeal, and
  • (b) that allowing the applicant to intervene is necessary or desirable for the proper resolution of the appeal.

Procedure regulations

15
  • (1) Regulations may make provision regulating the conduct and disposal of appeals.
  • (2) Regulations may make provision supplementing the provisions of this Schedule in relation to any application or requirement for which this Schedule provides.
  • (3) Regulations may in particular make provision—
  • (a) about the manner in which a panel makes its decisions;
  • (b) about the form of an application for permission to appeal under this Schedule and the information to be provided with an application;
  • (c) about the conditions subject to which permission to appeal may be granted;
  • (d) requiring information to be verified by a statement of truth;
  • (e) about the time limits for taking any step in an appeal before a panel;
  • (f) about intervention in an appeal;
  • (g) about the matters to be taken into account (or disregarded) by a panel when considering an appeal;
  • (h) about the production of documents or information to a panel;
  • (i) about the holding of oral hearings;
  • (j) for dealing with matters without a hearing;
  • (k) about evidence (including the taking of evidence on oath and the administration of oaths);
  • (l) about the circumstances in which an appeal may be dismissed by a panel;
  • (m) about withdrawal—
  • (i) of an application for permission to appeal under this Schedule or, after permission has been granted, of an appeal,
  • (ii) of an application for permission to intervene or, after permission has been granted, of an intervention, or
  • (iii) of any other application in connection with an appeal;
  • (n) about the consequences of non-payment of a fee.
  • (4) Regulations under this paragraph—
  • (a) may make provision to enable a panel to require the reimbursement of any fee required to be paid by a party to an application or appeal under this Schedule by another party to that application or appeal, but
  • (b) may not confer on a panel any other power (whether by order or otherwise) to require a party to an application or appeal under this Schedule to make payments to another party to the application or appeal in respect of costs.
  • (5) Sub-paragraphs (2), (3) and (4)(a) do not limit sub-paragraph (1).

Part 5 — Fees

Fees

16
  • (1) The Secretary of State may by regulations prescribe fees payable in respect of anything dealt with by a panel under this Schedule.
  • (2) Regulations under this paragraph may, in particular, make provision about—
  • (a) the scale or rates of fees;
  • (b) exemptions from or reductions in fees;
  • (c) remission of fees in whole or in part.
  • (3) Any prescribed fee must be reasonable and proportionate to the costs to which it relates.
  • (4) Fees payable under sub-paragraph (1) are recoverable summarily (or, in Scotland, recoverable) as a civil debt by the Secretary of State.

SCHEDULE 11

Definitions

1

In this Schedule—

  • “charging scheme” means—a scheme made by the CAA under paragraph 2;a scheme made by regulations under paragraph 3;
  • “charging authority”, in relation to a charging scheme, means the person to whom the scheme provides for payments to be made.

Charging by the CAA

2
  • (1) The CAA may make a scheme providing for payment to it of charges in respect of the performance by the CAA of functions that are—
  • (a) conferred on it by or under this Act, and
  • (b) specified in the scheme.
  • (2) The CAA may vary or revoke a scheme made under this paragraph.
  • (3) The CAA must publish—
  • (a) any scheme made under this paragraph;
  • (b) any variation or revocation of such a scheme;
  • (c) the date on which any such scheme, variation or revocation takes effect.

A date published under paragraph (c) must be at least 14 days after the day on which it is published.

Charging by persons other than the CAA

3
  • (1) Regulations may make a scheme providing for payment to the Secretary of State, or to an appointed person other than the CAA, of charges in respect of the performance by the Secretary of State or the appointed person of functions that are—
  • (a) conferred on the Secretary of State or the appointed person by or under this Act, and
  • (b) specified in the scheme.
  • (2) If an appointed person other than the CAA makes a proposal to the Secretary of State for a scheme under this paragraph, the Secretary of State must consider whether to make such a scheme (either in the terms proposed or with modifications).
  • (3) A scheme made by regulations under this paragraph may make provision as to the retention or remission of amounts received by an appointed person under the scheme.

Content of charging schemes

4
  • (1) A charging scheme may—
  • (a) specify the amount of a charge or a scale of charges by reference to which the amount is to be ascertained, or
  • (b) provide that a charge is to be of an amount determined by the scheme or by the charging authority under the scheme.
  • (2) A charging scheme may provide that the charge for the performance of a particular function must not exceed an amount specified in the scheme.
  • (3) A charging scheme may specify factors to which the charging authority may or must have regard when ascertaining or determining the amount of a particular charge.
  • (4) A charging scheme may, in relation to each charge specified in it, specify—
  • (a) the manner in which the charge is to be paid;
  • (b) the time at which the charge is to be paid;
  • (c) the person by whom the charge is to be paid.
  • (5) A charging scheme may specify different charges for different cases.

Consultation

5
  • (1) Before making a scheme under paragraph 2, the CAA—
  • (a) must consult the persons who, in the CAA's opinion, are likely to be affected by the scheme or any of those persons that it thinks fit, and
  • (b) must then consult the Secretary of State.
  • (2) Before making a proposal for a scheme under paragraph 3, an appointed person must consult the persons who, in the appointed person's opinion, are likely to be affected by the scheme or any of those persons that it thinks fit.
  • (3) Before making regulations under paragraph 3, the Secretary of State must consult—
  • (a) the persons who, in the Secretary of State's opinion, are likely to be affected by the scheme or any of those persons that the Secretary of State thinks fit, and
  • (b) the charging authority (if it is not the Secretary of State).
  • (4) But sub-paragraph (3) does not apply if the regulations give effect without modification to a proposal made by an appointed person.

Effect of licence conditions

6

The inclusion in a licence under this Act of a condition as to payment of charges determined under a charging scheme does not prevent the charging authority from recovering such charges as a debt due to the charging authority.

Duty to charge

7
  • (1) Where provision is made in a charging scheme for a charge to be paid in connection with the performance of a function by a charging authority, it is the duty of the charging authority to charge accordingly.
  • (2) But the charging authority may waive a charge (in whole or in part) if it thinks fit to do so in a particular case.
  • (3) This paragraph does not affect a charging authority's power to enter into an agreement for the payment to it of charges in respect of the performance of functions in respect of which a charging scheme does not provide for the making of a charge.

SCHEDULE 12

Land Registration Act (Northern Ireland) 1970 (c. 18)

1

In Schedule 11 to the Land Registration Act (Northern Ireland) 1970 (matters requiring to be registered in the Statutory Charges Register), after paragraph 52 insert—

(53) Any order or direction, affecting land in Northern Ireland, to which section 45 of the Space Industry Act 2018 applies.

Magistrates’ Courts Act 1980 (c. 43)

2

In section 1 of the Magistrates' Courts Act 1980 (issue of summons to accused or warrant for his arrest), at the end of subsection (4D) insert—

(k) an offence under paragraph 1 of Schedule 4 to the Space Industry Act 2018 (hijacking of spacecraft) or paragraph 2 or 4 of that Schedule (destroying or damaging spacecraft or endangering safety of spacecraft or safety at spaceports).

Civil Aviation Act 1982 (c. 16)

3

In section 11 of the Civil Aviation Act 1982 (charges), after subsection (8) insert—

(9) Charges shall not be determined in pursuance of this section in respect of any function conferred on the CAA by regulations under section 16 of the Space Industry Act 2018.

Aviation Security Act 1982 (c. 36)

4
  • (1) Section 38 of the Aviation Security Act 1982 (interpretation etc) is amended as follows.
  • (2) After subsection (1) insert—

(1A) Subject to subsection (1D), a reference in this Act to an aircraft includes a reference to a medium-range rocket. (1B) In subsection (1A) “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). (1C) For the purposes of subsection (1A) a rocket is a “medium-range” rocket if— (a) the total impulse of its motor or combination of motors exceeds 160 Newton-seconds, but (b) it is not capable of operating above the stratosphere. (1D) The Secretary of State may by order— (a) provide that subsection (1A) does not apply to any specified provisions of this Act; (b) provide for any provision of this Act, as it has effect by virtue of subsection (1A), to apply with specified modifications.

  • (3) In subsection (5), after “subsection (1)” insert “ or (1D) ”.

Criminal Justice Act 1982 (c. 48)

5

In Schedule 1 to the Criminal Justice Act 1982 (offences excluded from section 32), at the end of Part 2 insert—

  • Paragraph 1 of Schedule 4 (hijacking of spacecraft).
  • Paragraphs 2 and 3 of that Schedule (other offences relating to spacecraft).
  • Paragraph 4 of that Schedule (endangering safety at spaceports).

Police and Criminal Evidence Act 1984 (c. 60)

6

In section 65A of the Police and Criminal Evidence Act 1984 (“qualifying offence”), at the end of subsection (2) insert—

(t) an offence under paragraph 1 of Schedule 4 to the Space Industry Act 2018.

Airports Act 1986 (c. 31)

7

In section 82 of the Airports Act 1986 (general interpretation), after subsection (1B) insert—

(1C) Subject to subsection (1F), a reference in this Act to an aircraft includes a reference to a medium-range rocket. (1D) In subsection (1C) “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). (1E) For the purposes of subsection (1C) a rocket is a “medium-range” rocket if— (a) the total impulse of its motor or combination of motors exceeds 160 Newton-seconds, but (b) it is not capable of operating above the stratosphere. (1F) The Secretary of State may by order— (a) provide that subsection (1C) does not apply to any specified provisions of this Act; (b) provide for any provision of this Act, as it has effect by virtue of subsection (1C), to apply with specified modifications.

Outer Space Act 1986 (c. 38)

8
  • (1) Section 3 of the Outer Space Act 1986 (prohibition of unlicensed activities) is amended as follows.
  • (2) In subsection (3), for “except other persons or activities from the requirement of a licence” substitute “ make provision for other activities or persons to be exempted from the requirement of a licence, either by the order itself or by the Secretary of State, ”.
  • (3) After that subsection insert—

(3ZA) An exemption granted by virtue of subsection (3) may be granted for a limited period.

  • (4) In subsection (3A), before paragraph (a) insert—

(za) make provision about the procedure for granting an exemption (including provision for applications); (zb) make provision about the terms of an exemption or the conditions to which an exemption is subject; (zc) make provision about the revocation or renewal of an exemption; (zd) make provision for the enforcement of terms or conditions;

.

  • (5) In subsection (4), for the words after “which shall” substitute “not be made unless a draft of the instrument has been laid before each House of Parliament and approved by a resolution of each House.
9

In section 4 of that Act (grant of licence) omit subsection (3)(d).

10

After that section insert—

(4A) (1) The Secretary of State may by regulations make a scheme for determining the charges that are payable to the Secretary of State in respect of the performance of such of his functions under this Act as are specified in the scheme. (2) A scheme under this section may, as respects any of those functions— (a) specify the amount of the charge or a scale of charges by reference to which that amount is to be determined or provide that the charges are to be of such amount, not exceeding that specified in the scheme, as may be decided by the Secretary of State, having regard to the expense incurred by the Secretary of State and to such other factors (if any) as may be so specified; (b) specify different charges for different cases; (c) specify the description of person who is liable to pay the charge; (d) specify the time at which the charge is to be paid. (3) A scheme under this section may specify the manner in which any charge is to be paid. (4) Before making a scheme under this section, the Secretary of State must consult the persons who, in his opinion, are likely to be affected by the scheme or any of those persons that he thinks fit. (5) Where provision is made for a charge to be paid in connection with the performance of a function by the Secretary of State, it is the duty of the Secretary of State to charge accordingly. But the Secretary of State may waive the whole or part of the charge if the Secretary of State thinks fit to do so in a particular case. (6) Subsection (5) does not affect the Secretary of State's power to enter into an agreement for the payment to him of charges in respect of the performance of functions in respect of which a scheme under this section does not provide for the payment of a charge. (7) The inclusion in a licence of a condition as to the payment of charges determined under a scheme under this section does not prevent the Secretary of State from recovering such charges as a debt due to the Secretary of State.

11
  • (1) In section 5 of that Act (terms of licence), subsection (2) (licence conditions) is amended as follows.
  • (2) After paragraph (c) insert—

(ca) requiring the licensee to pay to the Secretary of State (whether on the grant of a licence, subsequently or both) any charges determined under a scheme under section 4A;

.

  • (3) After paragraph (d) insert—

(da) designed to secure compliance with— (i) obligations of the United Kingdom under agreements entered into with other countries, and (ii) any other international obligations of the United Kingdom;

.

  • (4) In paragraph (e)—
  • (a) at the end of sub-paragraph (ii) insert “ and ”;
  • (b) omit sub-paragraph (iii).
12

In section 6 of that Act (transfer etc of licence), in subsection (1) omit “and in such other cases as may be prescribed”.

13

After section 6 of that Act insert—

(6A) Schedule 10 to the Space Industry Act 2018 makes provision for appeals against decisions of the Secretary of State under this Act.

14
  • (1) Section 7 of that Act (register of space objects) is amended as follows.
  • (2) In subsection (2), after “space objects” insert “ (whether launched in the United Kingdom or elsewhere) ”.
  • (3) For subsection (3) substitute—

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

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

15

In Article 53A of the Police and Criminal Evidence (Northern Ireland) Order 1989 (“qualifying offence” etc), at the end of paragraph (2) insert—

(t) an offence under paragraph 1 of Schedule 4 to the Space Industry Act 2018.

Aviation and Maritime Security Act 1990 (c. 31)

16

After section 48 of the Aviation and Maritime Security Act 1990 insert—

(48A) (1) Subject to subsection (4), a reference in this Act to an aircraft includes a reference to a medium-range rocket. (2) In this section “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). (3) For the purposes of this section a rocket is a “medium-range” rocket if— (a) the total impulse of its motor or combination of motors exceeds 160 Newton-seconds, but (b) it is not capable of operating above the stratosphere. (4) The Secretary of State may by order— (a) provide that subsection (1) does not apply to any specified provisions of this Act; (b) provide for any provision of this Act, as it has effect by virtue of subsection (1), to apply with specified modifications. (5) The power to make an order under subsection (4) is exercisable by statutory instrument. (6) Any statutory instrument containing an order under subsection (4) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1))

17

In Article 2 of the Airports (Northern Ireland) Order 1994 (interpretation), after paragraph (3) insert—

(3A) Subject to paragraph (3D), a reference in this Order to an aircraft includes a reference to a medium-range rocket. (3B) In paragraph (3A) “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). (3C) For the purposes of paragraph (3A) a rocket is a “medium-range” rocket if— (a) the total impulse of its motor or combination of motors exceeds 160 Newton-seconds, but (b) it is not capable of operating above the stratosphere. (3D) The Department may by order— (a) provide that paragraph (3A) does not apply to any specified provisions of this Order; (b) provide for any provision of this Order, as it has effect by virtue of paragraph (3A), to apply with specified modifications.

Police Act 1997 (c. 50)

18
  • (1) Schedule 8A to the Police Act 1997 (offences which must always be disclosed) is amended as follows.
  • (2) In the heading before paragraph 20, after “Aviation” insert “ , spaceflight ”.
  • (3) After paragraph 21 insert—

(21A) An offence under any of the following paragraphs of Schedule 4 to the Space Industry Act 2018— (a) paragraph 1 (hijacking of spacecraft); (b) paragraph 2 (destroying, damaging or endangering safety of spacecraft); (c) paragraph 3 (other acts endangering or likely to endanger safety of spacecraft); and (d) paragraph 5 (offences in relation to certain dangerous articles).

  • (4) The reference in sub-paragraph (1) above to Schedule 8A is to the Schedule inserted by article 3 of the Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial (No. 2) Order 2015 (S.S.I. 2015/423).

Transport Act 2000 (c. 38)

19

In section 70 of the Transport Act 2000 (general duty of CAA), in subsection (2), after paragraph (c) insert—

(ca) to take account of any guidance relating to spaceflight activities (within the meaning of the Space Industry Act 2018) given to the CAA by the Secretary of State;

.

20
  • (1) Section 93 of that Act (control in time of hostilities etc) is amended as follows.
  • (2) In subsection (2)—
  • (a) in paragraph (a), after “the CAA” insert “ or a person (other than the CAA) appointed by regulations under section 16 of the Space Industry Act 2018 ”;
  • (b) in paragraph (b), after “air traffic services” insert “ or range control services ”;
  • (c) in paragraph (c), after “undertaking” insert “ or carries out spaceflight activities ”;
  • (d) in paragraph (d), after “an airport” insert “ or a spaceport ”.
  • (3) In subsection (3)—
  • (a) in paragraph (a), for “the CAA” substitute “ a person within subsection (2)(a) ”;
  • (b) in paragraph (b), after “air traffic services” insert “ or range control services ”.
  • (4) In subsection (4)—
  • (a) in paragraph (a), after “aircraft” insert “ or spacecraft ”;
  • (b) in paragraph (b), for “or flying schools” substitute “ , flying schools or spaceports ”;
  • (c) in that paragraph, for “or flying school” substitute “ , flying school or spaceport ”.
  • (5) In subsection (9), for “the CAA” substitute “ a person within subsection (2)(a) ”.
21
  • (1) Section 94 of that Act (orders for possession of aerodromes etc) is amended as follows.
  • (2) In subsection (2)(a) and (b), after “aerodrome” insert “ or spaceport ”.
  • (3) In subsections (2)(b) and (3)(a), after “aircraft” insert “ or spacecraft ”.
22
  • (1) Section 95 of that Act (sections 93 and 94: interpretation) is amended as follows.
  • (2) In subsection (1), after paragraph (c) insert—

(ca) range control services;

.

  • (3) In that subsection, after paragraph (d) insert—

(da) spacecraft; (db) spaceflight activities; (dc) spaceport;

.

  • (4) In subsection (6)—
  • (a) in paragraphs (a) and (b), after “aerodrome” insert “ or spaceport ”;
  • (b) in paragraph (c), after “aircraft” insert “ or spacecraft ”;
  • (c) in paragraph (d), after “air traffic services” insert “ or range control services ”.
  • (5) After subsection (8) insert—

(9) The following expressions have the same meaning as in the Space Industry Act 2018— - range control services (see section 6 of that Act); - spacecraft (see section 2(6) of that Act); - spaceflight activities (see section 1(4) to (6) of that Act); - spaceport (see section 3(2) and (3) of that Act).

Sexual Offences 2003 (c. 42)

23

In Schedule 5 to the Sexual Offences Act 2003 (other offences for purposes of Part 2), after paragraph 171B insert—

(171C) An offence under paragraph 1 of Schedule 4 to the Space Industry Act 2018 (hijacking of spacecraft). (171D) An offence under paragraph 2 of that Schedule (destroying, damaging or endangering the safety of spacecraft). (171E) An offence under paragraph 3 of that Schedule (other acts endangering or likely to endanger safety of spacecraft). (171F) An offence under paragraph 4 of that Schedule (endangering safety at spaceports). (171G) An offence under paragraph 5 of that Schedule (offences in relation to certain dangerous articles).

Criminal Justice Act 2003 (c. 44)

24

In Schedule 4 to the Criminal Justice Act 2003 (qualifying offences for purposes of section 62), after paragraph 33 insert—

(33A) An offence under paragraph 1 of Schedule 4 to the Space Industry Act 2018. (33B) An offence under paragraph 2 of Schedule 4 to the Space Industry Act 2018.

25

In Schedule 15 to that Act (specified offences for purposes of Chapter 5 of Part 12), after paragraph 63H insert—

(63I) An offence under paragraph 1 of Schedule 4 to the Space Industry Act 2018 (hijacking of spacecraft). (63J) An offence under paragraph 2 of that Schedule (destroying, damaging or endangering the safety of spacecraft). (63K) An offence under paragraph 3 of that Schedule (other acts endangering or likely to endanger safety of spacecraft). (63L) An offence under paragraph 4 of that Schedule (endangering safety at spaceports). (63M) An offence under paragraph 5 of that Schedule (offences in relation to certain dangerous articles).

Criminal Justice (Northern Ireland) Order 2004 (S.I. 2004/1500 (N.I. 9))

26
  • (1) Schedule 2 to the Criminal Justice (Northern Ireland) Order 2004 (qualifying offences for purposes of Article 21) is amended as follows.
  • (2) In the heading before paragraph 24, after “Aviation,” insert “ Spaceflight, ”.
  • (3) After paragraph 25 insert—

(25A) An offence under paragraph 1 of Schedule 4 to the Space Industry Act 2018. (25B) An offence under paragraph 2 of Schedule 4 to the Space Industry Act 2018.

Terrorism Act 2006 (c. 11)

27
  • (1) Section 20 of the Terrorism Act 2006 (interpretation of Part 1) is amended as follows.
  • (2) In subsection (2), at the end of the definition of “Convention offence” insert “ (and see subsection (2A)) ”.
  • (3) After that subsection insert—

(2A) Offences under any of the following paragraphs of Schedule 4 to the Space Industry Act 2018 are to be treated for the purposes of this Part as if they were Convention offences— (a) paragraph 1 (hijacking of spacecraft); (b) paragraph 2 (destroying, damaging or endangering safety of spacecraft); (c) paragraph 3 (other acts endangering or likely to endanger safety of spacecraft); (d) paragraph 4 (endangering safety at spaceports).

Armed Forces Act 2006 (c. 52)

28

In Schedule 2 to the Armed Forces Act 2006 (“Schedule 2 offences”), in paragraph 12, at the end insert—

(az) an offence under any of paragraphs 1 to 5 of Schedule 4 to the Space Industry Act 2018 (hijacking, destroying, damaging or endangering safety of spacecraft etc).

Counter-Terrorism Act 2008 (c. 28)

29

In Schedule 2 to the Counter-Terrorism Act 2008 (offences where terrorist connection to be considered), after the entry for offences under the Anti-Terrorism, Crime and Security Act 2001 insert—

An offence under any of the following paragraphs of Schedule 4 to the Space Industry Act 2018— (a) paragraph 1 (hijacking of spacecraft), (b) paragraph 2 (destroying, damaging or endangering safety of spacecraft), (c) paragraph 3 (other acts endangering or likely to endanger safety of spacecraft), (d) paragraph 4 (endangering safety at spaceports), (e) paragraph 5 (offences in relation to certain dangerous articles).

Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1))

30

In Schedule 1 to the Criminal Justice (Northern Ireland) Order 2008 (serious offences), after paragraph 31A insert—

(31B) An offence under— - paragraph 1 of Schedule 4 (hijacking of spacecraft), - paragraph 2 of that Schedule (destroying, damaging or endangering safety of spacecraft), - paragraph 3 of that Schedule (other acts endangering or likely to endanger safety of spacecraft), or - paragraph 4 of that Schedule (endangering safety at spaceports).

31

In Schedule 2 to that Order (specified offences), in Part 1, after paragraph 31A insert—

(31B) An offence under— - paragraph 1 of Schedule 4 (hijacking of spacecraft), - paragraph 2 of that Schedule (destroying, damaging or endangering safety of spacecraft), - paragraph 3 of that Schedule (other acts endangering or likely to endanger safety of spacecraft), - paragraph 4 of that Schedule (endangering safety at spaceports), or - paragraph 5 of that Schedule (offences in relation to certain dangerous articles).

Energy Act 2013 (c. 32)

32

In section 89 of the Energy Act 2013 (provision of information or advice to relevant authorities), in subsection (8), after paragraph (h) insert—

(i) a person appointed by regulations under section 16 of the Space Industry Act 2018.

Modern Slavery Act 2015 (c. 30)

33

In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), after paragraph 36 insert—

(36A) An offence under any of the following provisions of Schedule 4 to the Space Industry Act 2018— - paragraph 1 (hijacking of spacecraft) - paragraph 2 (destroying, damaging or endangering safety of spacecraft) - paragraph 3 (other acts endangering or likely to endanger safety of spacecraft) - paragraph 4 (endangering safety at spaceports) - paragraph 5 (offences in relation to certain dangerous articles).

Duties and supplementary powers of the regulator

Defences

Hijacking of spacecraft

Destroying, damaging or endangering safety of spacecraft

Other acts endangering or likely to endanger safety of spacecraft

Endangering safety at spaceports

Offences in relation to certain dangerous articles

Powers exercisable on suspicion of intended offence under this Schedule

Prosecution of offences

Interpretation

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

Objections to a proposed order

Procedure after making an order

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

Procedure after making an order

Application to quash an order

Time limit

Determination of application

“The appropriate court”

Compensation for diminution in the value of interest in land

Assessing compensation

Interest subject to mortgage or heritable security

Damage to land

Disturbance in enjoyment of right in or over land etc

Disputes

Statutory undertakers

Interpretation

Application of this Part

Assessment of compensation

Amount of compensation

Modification of powers and duties of statutory undertakers

Relief of statutory undertakers from obligations

Procedure before making an order under paragraph 4 or 5

Objections to order under paragraph 4

Special parliamentary procedure

Power of entry for purposes of survey

Compensation for damage to land

Appeal panels

Appeals: refusal to grant licence

Appeals: decisions in connection with licences

Appeals: other decisions

Permission to appeal

Circumstances in which panel may not accept an application

Determination of application for permission to appeal

When appeals may be allowed

Determination of appeal

Determination of appeal: further provision

Determination of appeal: time limit

Representations in relation to an application for permission to appeal

Intervention in an appeal

Determination of application for permission to intervene

Procedure regulations

Fees

Definitions

Charging by the CAA

Charging by persons other than the CAA

Content of charging schemes

Consultation

Effect of licence conditions

Duty to charge

Land Registration Act (Northern Ireland) 1970 (c. 18)

Magistrates' Courts Act 1980 (c. 43)

Civil Aviation Act 1982 (c. 16)

Aviation Security Act 1982 (c. 36)

Criminal Justice Act 1982 (c. 48)

Police and Criminal Evidence Act 1984 (c. 60)

Airports Act 1986 (c. 31)

Outer Space Act 1986 (c. 38)

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

Aviation and Maritime Security Act 1990 (c. 31)

Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1))

Police Act 1997 (c. 50)

Transport Act 2000 (c. 38)

Sexual Offences 2003 (c. 42)

Criminal Justice Act 2003 (c. 44)

Criminal Justice (Northern Ireland) Order 2004 (S.I. 2004/1500 (N.I. 9))

Terrorism Act 2006 (c. 11)

Armed Forces Act 2006 (c. 52)

Counter-Terrorism Act 2008 (c. 28)

Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1))

Energy Act 2013 (c. 32)

Modern Slavery Act 2015 (c. 30)

Editorial notes

1

S. 1(5) in force at 26.11.2018 by S.I. 2018/1224, reg. 2(a)

2

S. 2(4)(5) in force at 26.11.2018 by S.I. 2018/1224, reg. 2(b)

3

S. 2(6) in force at 26.11.2018 by S.I. 2018/1224, reg. 2(c)

4

S. 2(7) in force at 26.11.2018 by S.I. 2018/1224, reg. 2(d)

5

S. 3(2)(3) in force at 26.11.2018 by S.I. 2018/1224, reg. 2(e)

6

S. 3(5) in force at 26.11.2018 by S.I. 2018/1224, reg. 2(f)

7

S. 4(2)-(4) in force at 26.11.2018 by S.I. 2018/1224, reg. 2(g)

8

S. 5(1) in force at 26.11.2018 by S.I. 2018/1224, reg. 2(h)

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