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The Space Industry Regulations 2021

Type Statutory-Instrument

Publication 2021-07-08

Last updated 2025-04-01

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Responsibilities of the launch director

88

Where an operator’s spaceflight activities are authorised by a launch operator licence—

(a) the spaceflight operator must ensure that the launch director—

(i) has a duty to check that all safety concerns relating to the operator’s spaceflight activities reported to that director have been addressed before a launch, and

(ii) is present at a mission management facility or ground control at the spaceport or other place during the operator’s spaceflight activities;

(b) the launch director must record in writing safety concerns referred to in paragraph (a)(i) and how those concerns are addressed.

Flight termination personnel

89

A spaceflight operator must—

(a) if the launch vehicle has a flight safety system and that system is not autonomous, appoint flight termination personnel,

(b) ensure that such flight termination personnel are present at a mission management facility or ground control at the spaceport or other place during a flight,

(c) ensure that such flight termination personnel have the information which is necessary for such personnel to determine whether the flight safety system for which they are responsible is ready to be used,

(d) ensure that such flight termination personnel make a flight termination decision in the interests of the spaceflight operator’s safety duty and not for any other reasons, and

(e) authorise such flight termination personnel to make a flight termination decision without a requirement for approval from, or interference by, any other operating staff including, where the operator’s spaceflight activities are authorised by a launch operator licence, the launch director.

SECTION 4 — Safety operations manual

Safety operations manual

90

(1) A spaceflight operator must retain and keep up to date a safety operations manual which must contain the information, procedures and instructions necessary for the operating staff to carry out their spaceflight duties safely including, in particular, information, procedures and instructions relating to matters specified in Schedule 5.

(2) When updating the safety operations manual, the spaceflight operator must—

(a) take into account the outcomes of the steps taken under regulation 28(1);

(b) consult the spaceport licensee, if any;

(3) If the spaceflight operator updates the safety operations manual, the spaceflight operator must give the regulator the updated safety operations manual without delay.

(4) The spaceflight operator must make available to its operating staff the safety operations manual, or those sections of the manual which are relevant to their spaceflight duties.

(5) The spaceflight operator must ensure that each copy of the safety operations manual is kept up to date.

(6) The spaceflight operator must take all reasonable steps to secure that all members of its operating staff—

(a) are aware of the contents of every part of the safety operations manual which is relevant to their spaceflight duties, and

(b) undertake those duties in conformity with the relevant provisions of the safety operations manual.

SECTION 5 — Preparations for launch, return and other operations

The launch vehicle

91

(1) A spaceflight operator must not use a launch vehicle in the operator’s spaceflight activities unless it is fit for those activities.

(2) A launch vehicle is fit for the operator’s spaceflight activities if that vehicle—

(a) complies with the conditions in paragraph (3), and

(b) complies with any conditions about that vehicle in the launch operator licence or the return operator licence.

(3) The conditions are that the launch vehicle—

(a) has been designed to a specification that meets the technical requirements of the vehicle,

(b) has been built consistently with that specification,

(i) conforms with the technical requirements referred to in sub-paragraph (a),

(ii) is free from workmanship errors which could prevent the vehicle carrying out the operator’s spaceflight activities safely,

(iii) is otherwise ready to take part in those activities, and

(iv) is capable of carrying out those activities safely, and

(d) if it has a human occupant, the systems and flight recorder referred to in regulation 109 have been installed in the vehicle.

The launch vehicle’s ground support equipment

92

(1) A spaceflight operator must not use a launch vehicle’s ground support equipment unless such equipment is fit for supporting the operator’s spaceflight activities.

(2) A launch vehicle’s ground support equipment is fit for supporting the operator’s spaceflight activities if that equipment—

(a) complies with the conditions in paragraph (3), and

(b) complies with any conditions about that equipment in the launch operator licence or the return operator licence.

(3) The conditions are that the ground support equipment—

(a) has been designed to a specification that meets the technical requirements of the launch vehicle,

(b) has been built consistently with that specification, and

(i) conforms with the condition in sub-paragraph (a),

(ii) is free from workmanship errors which could prevent the equipment supporting the launch vehicle and the operator’s spaceflight activities being carried out safely,

(iii) is otherwise ready to support the launch vehicle and those activities, and

(iv) is capable of supporting those activities being carried out safely.

A reusable launch vehicle

93

(1) Before the launch of a launch vehicle which has been used in one or more flights, a spaceflight operator must, by carrying out maintenance, servicing and repair and, if necessary, renewing any part of that vehicle, ensure that—

(a) the vehicle conforms with the technical requirements of the launch vehicle and is fit for the operator’s spaceflight activities in accordance with regulation 91, or

(b) is returned to a condition which conforms with those requirements and which is fit for those activities.

(2) Before the launch of a launch vehicle which has been used in one or more flights, the member of the operating staff responsible for ensuring that the work in paragraph (1) is done must prepare a written report—

(a) providing details of the work which has been done in accordance with paragraph (1), and

(b) confirming that—

(i) the vehicle conforms with the technical requirements referred to in paragraph (1)(a) or has been returned to a condition which conforms with those requirements, and

(ii) the vehicle otherwise complies with regulation 91 and is fit for the operator’s spaceflight activities.

(3) Copies of the report referred to in paragraph (2) must be sent by the person referred to in that paragraph to the spaceflight operator and to any member of the operating staff who has duties which are relevant to the work which has been done to the launch vehicle in accordance with paragraph (1).

(4) This regulation applies to any part of a launch vehicle which is capable of being launched and has been used in one or more flights as it applies to the whole of a launch vehicle which has been used in one or more flights.

Verification and validation by testing etc. of the launch vehicle and the ground support equipment

94

(1) For the purposes set out in paragraph (2), before a launch, a spaceflight operator must carry out verification and validation processes—

(a) by testing, analysing, reviewing or inspecting the launch vehicle and the ground support equipment, and

(b) by integrated testing of that vehicle and equipment.

(2) The purposes are to ensure that—

(a) the launch vehicle is fit for the operator’s spaceflight activities, and

(b) the ground support equipment is fit for supporting that launch vehicle and the operator’s spaceflight activities.

(3) The spaceflight operator must—

(a) record the results of the verification and validation referred to in paragraph (1) in writing, and

(b) before a launch, ensure that copies of the results of such verification and validation are received and considered by the spaceflight operator and any member of the operating staff who has duties which are relevant to the results of the verification and validation.

(4) In this regulation—

“integrated testing” includes testing how the launch vehicle and its ground support equipment and any systems of that vehicle and that equipment function together;

“systems” includes hardware and software.

The spaceport (or other place of launch or landing) and the range

95

(1) A spaceflight operator must ensure that the spaceport or other place used for the operator’s spaceflight activities is fit for those activities.

(2) A spaceflight operator must ensure that the range for the operator’s spaceflight activities is fit for those activities.

Communication during the operator’s spaceflight activities

96

(1) During an operator’s spaceflight activities, the spaceflight operator must, where necessary, ensure that there is a reliable means of communication for sharing information between the mission management facility or ground control at the spaceport or other place and—

(a) the range control service provider,

(b) any site or other place used in connection with range control services,

(d) relevant meteorological service providers,

(e) relevant air navigation service providers, and

(f) relevant emergency services.

(2) During an operator’s spaceflight activities, the spaceflight operator must, where necessary, provide a reliable means of communication for sharing information between the launch vehicle, carrier aircraft and any other aircraft taking part in the operator’s spaceflight activities and the mission management facility or ground control at the spaceport or other place.

Monitoring the environmental and meteorological conditions

97

(1) A spaceflight operator must monitor environmental and meteorological conditions during the operator’s spaceflight activities in so far as necessary to carry out those activities safely.

(2) The spaceflight operator must make the latest environmental and meteorological information referred to in paragraph (1) available without delay to—

(a) the accountable manager, the safety manager and, where the operator’s spaceflight activities are authorised by a launch operator licence, the launch director and any other members of the operating staff who require such information to carry out their spaceflight duties safely, and

(b) the range control service provider, the spaceport licensee and any other person who requires such information to support the operator’s spaceflight activities being carried out safely.

Dangerous goods

98

(1) A spaceflight operator must only load dangerous goods onto a launch vehicle or permit a vehicle to carry such goods if—

(a) the terms of the launch operator licence or return operator licence permit the spaceflight operator to do so, and

(b) the spaceflight operator complies with those terms.

(2) For the avoidance of doubt any reference to loading dangerous goods onto a launch vehicle or carrying them on such a vehicle includes placing, suspending or carriage of such goods beneath a launch vehicle.

SECTION 6 — Launch, return and other operations

Conditions for commencing the operator’s spaceflight activities

99

(1) Before an operator’s spaceflight activities commence, the spaceflight operator or, where the operator’s spaceflight activities are authorised by a launch operator licence, the launch director, must be satisfied that the activities can be carried out safely and the conditions in paragraph (2) have been met.

(2) The conditions are that—

(a) a launch vehicle is fit for the operator’s spaceflight activities;

(b) the spaceport, or other place, from which the launch or landing is to take place is fit for the operator’s spaceflight activities and the spaceport licensee, if launch or landing is to take place from a spaceport, confirms that, in so far as that licensee’s responsibilities are concerned, these activities can be carried out safely;

(c) the range is fit for the operator’s spaceflight activities and the range control service provider confirms that, in so far as the responsibilities of that provider are concerned, these activities can be carried out safely;

(d) a rehearsal of the mission referred to in regulation 70(5) was conducted and the spaceflight operator was satisfied that the operator’s spaceflight activities could be carried out safely;

(e) the relevant emergency services have confirmed that they are on stand-by;

(f) where the launch vehicle has a flight safety system—

(i) a member of the flight termination personnel, if that system is not autonomous, or

(ii) a member of the operating staff responsible for such an autonomous system,

confirms that the flight safety system is ready to be used;

(g) where the operator’s spaceflight activities are authorised by a launch operator licence, the launch of the launch vehicle can take place at a time when the launch vehicle will not collide with any known space object during its flight or when it first reaches a stable orbit;

(h) where the operator’s spaceflight activities are authorised by a launch operator licence, the launch director and any flight termination personnel are present at the mission management facility or ground control at the spaceport or other place;

(i) such other operating staff as are necessary to carry out the operator’s spaceflight activities safely are present at the mission management facility or ground control at the spaceport or other place;

(j) the security manager has confirmed that the requirements of the operator security programme have been met;

(k) the prevailing meteorological and environmental conditions are suited to the spaceflight operator carrying out the operator’s spaceflight activities safely;

(l) any relevant safety operational procedures relating to the launch authorised by a launch operator licence or the return to earth authorised by a return operator licence in the safety operations manual have been followed.

During flight: monitoring and termination

100

(1) If necessary to ensure that the operator’s spaceflight activities are carried out safely, a spaceflight operator must monitor in real time—

(a) the flight of a launch vehicle, authorised by a launch operator licence, until it reaches a stable orbit or completes sub-orbital activities, or

(b) the flight of a launch vehicle, authorised by a launch operator licence or a return operator licence, on its return to land in the United Kingdom.

(2) Where the launch vehicle has a flight safety system which is not an automated system, flight termination personnel must make a flight termination decision during the flight of that vehicle—

(a) if at any time that vehicle malfunctions and that malfunction prevents the operator’s spaceflight activities being carried out safely,

(b) if at any time a system—

(i) used to monitor whether or not the launch vehicle remains fit for the operator’s spaceflight activities, or

(ii) used to detect a malfunction,

fails and that failure threatens the carrying out of the operator’s spaceflight activities safely, or

(c) if it is necessary for any other reason which threatens or prevents the carrying out of the operator’s spaceflight activities safely.

(3) In this regulation “system” includes hardware and software.

Additional requirement relating to the launch vehicle during operator’s spaceflight activities

101

(1) If necessary to ensure that an operator’s spaceflight activities are carried out safely or to secure compliance with the international obligations of the United Kingdom, the spaceflight operator must after a launch vehicle has reached a stable orbit—

(a) monitor the trajectory of that vehicle in so far as it is possible to do so,

(b) monitor the basic orbital parameters of that vehicle including nodal period, inclination, apogee and perigee,

(i) avoid the launch vehicle interfering with the space activities of other persons in the peaceful exploration and use of outer space,

(ii) limit or prevent major accident hazards to the health, safety and property of persons arising from the launch vehicle in orbit, and

(iii) prevent contamination of outer space arising from the launch vehicle in orbit or adverse changes in the environment of the earth from that vehicle in orbit, and

(d) take any other action necessary to carry out the operator’s spaceflight activities safely.

(2) If the spaceflight operator is disposing of the launch vehicle by causing it to re-enter through the earth’s atmosphere, that operator must carry out those activities in a way which ensures they are carried out safely.

(3) In this regulation the reference to taking reasonable steps in paragraph (1)(c) may include—

(a) avoiding the release of space debris;

(b) avoiding a collision between the launch vehicle and its payload after the release or separation of that payload from the vehicle;

(d) deactivating a component part of that vehicle;

(e) passivating that vehicle by dissipating the hazardous materials carried on board or preventing their accumulation.

SECTION 7 — Recording and retaining information for safety purposes

Information on human occupants and dangerous goods on board a launch vehicle

102

(1) Before launch, a spaceflight operator must prepare—

(a) a list of the names and addresses of all human occupants on board the launch vehicle and of individuals on board any carrier aircraft, and

(b) a list of all dangerous goods on board the launch vehicle and any carrier aircraft.

(2) The spaceflight operator must retain the lists referred to in paragraph (1) for a period of three years beginning with the day of the launch of the launch vehicle carrying the human occupants or dangerous goods on those lists.

Recording, collecting and retaining information made before or during the operator’s spaceflight activities

103

(1) For the purposes referred to in paragraph (3), a spaceflight operator must record—

(a) information shared through the means of communication referred to in regulation 96,

(b) where the launch vehicle has a flight recorder required by regulation 109(3), data relating to conditions and events on board the launch vehicle during the operator’s spaceflight activities onto that recorder,

(c) data in connection with the launch vehicle which is obtained using telemetry during the operator’s spaceflight activities and which relates to the tracking of that vehicle during those activities, and

(d) any other data collected or used during the operator’s spaceflight activities.

(2) For the purposes referred to in paragraph (3), the spaceflight operator must collect and retain—

(a) the information referred to in paragraph (1),

(b) records of correspondence between the spaceflight operator and the regulator before launch and during the operator’s spaceflight activities,

(c) the current safety case and current risk assessment and any written document describing any revisions to the safety case or the risk assessment,

(d) any written record of safety concerns referred to in regulations 86(3), 87(2) and 88(b) or an occurrence,

(e) the meteorological and environmental information referred to in regulation 97(2),

(f) reports of maintenance work carried out on communication and recording systems used to make the records referred to in paragraph (1) and of checks made to such systems to ensure the launch vehicle is fit for the operator’s spaceflight activities, and

(g) any other information about the operator’s spaceflight activities which is relevant to such activities being carried out safely.

(3) The purposes of recording, collecting and retaining the information referred to in paragraphs (1) and (2) are—

(a) to maintain and improve the spaceflight operator’s safety performance,

(b) to enable the regulator to perform its duties referred to in section 26(1),

(d) to enable the spaceflight operator to comply with any demands for such information from an investigator-in-charge of SAIA in accordance with regulation 23 of the Spaceflight Activities (Investigation of Spaceflight Accidents) Regulations 2021.

(4) The spaceflight operator must retain the information referred to in paragraphs (1) and (2) for a period beginning with the date on which thelaunch operator licence or the return operator licence is granted and ending three years after the date on which that licence expires, unless that information has been recorded by that vehicle’s flight recorder and the launch vehicle has not been involved in a spaceflight accident arising from or in the course of the operator’s spaceflight activities.

(5) Where no spaceflight accident arose from or in the course of the operator’s spaceflight activities, information recorded by the launch vehicle’s flight recorder must only be retained until the completion of those activities.

SECTION 8 — Emergency response

Emergency response plan requirement

104

(1) A spaceflight operator must have in place and maintain an emergency response plan for the operator’s spaceflight activities.

(2) An emergency response plan under paragraph (1) must—

(a) detail how the spaceflight operator will respond in an emergency;

(b) be appropriate for the operator’s spaceflight activities;

(c) provide for the notification of the relevant emergency services and coordination with any relevant local authority and such services in response to an emergency during the operator’s spaceflight activities;

(d) provide for prevention of harm to individuals after the emergency has occurred;

(e) provide for coordination of the spaceflight operator’s emergency response plan with—

(i) the emergency response plan prepared by the spaceport licensee, and

(ii) any emergency response plans of other organisations with which the spaceflight operator must interact during the operator’s spaceflight activities.

(3) The spaceflight operator must, at suitable intervals not exceeding three years—

(a) test the emergency response plan in so far as practicable, and

(b) review and, where necessary, revise the plan.

(4) The spaceflight operator must supply to the regulator—

(a) the results of any test of the emergency response plan conducted under paragraph (3)(a), and

(b) before or immediately after they come into effect, details of the revisions, if any, it has made to the emergency response plan as a result of a review conducted under paragraph (3)(b).

(5) For the purposes of this regulation “relevant local authority” means—

(a) in relation to a launch operator licence, a local authority in whose administrative area the spaceport or other place from which the launch vehicle or carrier aircraft is to be launched or is launched is situated, or

(b) in relation to a return operator licence, a local authority in whose administrative area—

(i) is situated a spaceport or other place at which a planned or controlled landing or a planned but uncontrolled landing of a launch vehicle is to take place or takes place, or

(ii) an unplanned landing of a launch vehicle in the United Kingdom is likely to take place.

CHAPTER 5 — Additional safety requirements for launch vehicles with human occupants

SECTION 1 — Interpretation

Interpretation

105

(1) In this Chapter any reference to a pilot in command, a pilot or a remote pilot “carrying out the flight safely” or to the flight being “carried out safely” has the meaning referred to in paragraph (2).

(2) A pilot in command, pilot or a remote pilot carries out the flight safely by carrying it out—

(a) in accordance with the current safety case by—

(i) preventing a major accident from occurring, or

(ii) mitigating the consequences of such an accident if it does occur, and

(b) in accordance with the current risk assessment, by securing the safety of a human occupant.

SECTION 2 — The crew or remote pilots

The roles and duties of each member of the crew or a remote pilot

106

(1) If the launch vehicle has a crew, before the operator’s spaceflight activities commence a spaceflight operator must—

(a) define the respective roles and duties of every member of the crew,

(b) ensure that every member of the crew is aware of their role and their duties, and

(2) If the launch vehicle has a remote pilot, before the operator’s spaceflight activities commence a spaceflight operator must—

(a) define the role and duties of the remote pilot,

(b) ensure that the remote pilot is aware of their role and their duties, and

Information about the flight

107

(1) If the launch vehicle has a flight crew, a spaceflight operator must make available to each member of that crew all information necessary for the flight crew to carry out the flight safely.

(2) If the launch vehicle has a remote pilot, a spaceflight operator must make available to that pilot all information necessary for the remote pilot to carry out the flight safely.

Authority to pilot in command or remote pilot

108

If the launch vehicle has a pilot in command or a remote pilot, a spaceflight operator must give that pilot the authority to give the commands, make the decisions or take the actions referred to in regulation 115.

SECTION 3 — The launch vehicle

Additional conditions if the launch vehicle has a human occupant

109

(1) The systems referred to in regulation 91(3)(d) are that, if the launch vehicle has a human occupant, that vehicle must have—

(a) a system capable of providing on board power and atmospheric conditions for the inhabited areas of the launch vehicle which are adequate to sustain life and consciousness of a human occupant or equipment to provide such conditions to each human occupant,

(b) an adequate redundant system for supplying oxygen to a human occupant and preventing depressurisation, or the harmful effects of depressurisation, in inhabited areas of the launch vehicle,

(c) a system capable of warning the pilot in command or the remote pilot of any significant accumulation of ice on the exterior of the launch vehicle,

(d) a system which enables the spaceflight operator or any crew to detect smoke in the inhabited areas of the launch vehicle and to assist in preventing or suppressing a fire in that area,

(e) a system capable of displaying any information necessary to any flight crew to ensure that the flight is carried out safely, and

(f) a system capable of restraining any member of the crew or any spaceflight participant in their seat when necessary to ensure that the flight is carried out safely.

(2) Any system referred to in paragraph (1) includes any hardware or software relating to that system and must—

(a) be suited to the operator’s spaceflight activities, and

(b) be capable of functioning during those activities.

(3) If a launch vehicle has a human occupant, that vehicle must have a flight recorder.

(4) In this regulation “a redundant system” means a system which provides the essential services of a primary system in the event of the failure of such a primary system.

Numbers of crew or spaceflight participants on board

110

Before an operator’s spaceflight activities commence, the spaceflight operator must determine the number of flight crew, cabin crew, spaceflight participants or both crew and spaceflight participants to be carried on board the launch vehicle, taking into account—

(a) any conditions of the launch operator licence or return operator licence describing matters to be taken into account when determining these numbers,

(b) the limits of the launch vehicle during operations as established by the technical requirements of that vehicle,

(d) the duration of the mission,

(e) any medical needs of a human occupant,

(f) the equipment including seating available to a human occupant, and

(g) any other matter which may affect the carrying out of the operator’s spaceflight activities safely, in so far as these numbers are concerned.

Accessibility of instruments and equipment

111

If the launch vehicle has a flight crew, a spaceflight operator must ensure that instruments, systems and equipment within the launch vehicle are readily operable and accessible from the station where—

(a) any pilot in command who needs to use them is seated, and

(b) another member of the flight crew who needs to use them is seated.

Emergency equipment

112

(1) A spaceflight operator must ensure that the launch vehicle is equipped with emergency equipment and a means of emergency evacuation of any human occupants in so far as is reasonable for and suited to the operator’s spaceflight activities.

(2) The spaceflight operator must ensure that—

(a) each human occupant is aware of the location of the emergency equipment within the launch vehicle and the means of emergency evacuation from that vehicle,

(b) immediately before the flight, each human occupant is provided with information about how to use the emergency equipment and means of emergency evacuation and that such information is available on board the launch vehicle, and

(c) the emergency equipment and means of emergency evacuation are identifiable and accessible on the launch vehicle for immediate use.

(3) In this regulation “emergency equipment” means first aid supplies, fire extinguishers, radio beacons, clothing and other emergency and survival equipment relevant to the operator’s spaceflight activities.

Atmospheric conditions on board

113

(1) A spaceflight operator must maintain adequate atmospheric conditions in the inhabited areas of the launch vehicle, or provide equipment to provide such conditions to each human occupant, by monitoring and controlling—

(a) the composition of the atmosphere including oxygen, carbon dioxide and the need for revitalisation of the internal atmosphere,

(b) pressure, temperature and humidity,

(d) ventilation and circulation.

(2) In this regulation “revitalisation” means a process by which the internal atmosphere of the inhabited parts of the launch vehicle is sustained at a healthy level, by introducing oxygen to replace the oxygen which has been consumed and by removing carbon dioxide.

SECTION 4 — Specific obligations of pilot in command, flight crew or remote pilot

Obligations of pilot in command or remote pilot immediately before the flight

114

Immediately before a flight, the pilot in command or the remote pilot must—

(a) perform an inspection of the launch vehicle and its systems and equipment to the extent that it is practicable to do so, and

(b) consult any of the spaceflight operator’s written records relating to the fitness, condition and preparation of the launch vehicle, in so far as necessary to ensure the flight is carried out safely.

Obligations of pilot in command or remote pilot to carry out flight safely

115

(1) If a launch vehicle has a pilot in command or a remote pilot, that pilot must give commands, make appropriate decisions and take appropriate actions during the flight of that vehicle which are necessary to ensure that the flight is carried out safely.

(2) A pilot in command or a remote pilot must inform the spaceflight operator and the regulator at the earliest practicable opportunity if any of the commands, decisions or actions referred to in paragraph (1) did not comply with provisions contained in or made under the Act and the conditions of the launch operator licence or return operator licence.

Pilot in command, flight crew or remote pilot to remain at stations

116

(1) If a launch vehicle has a flight crew, that crew must during the flight remain at their stations secured in their seat by a safety belt or other restraint device unless there is more than one member of the flight crew and the pilot in command permits a member to leave the member’s station temporarily—

(a) to provide urgent assistance to another human occupant, or

(b) for an urgent physiological or operational need.

(2) If a launch vehicle has a pilot in command that pilot may during the flight only leave the pilot in command’s station temporarily where—

(a) there is more than one member of the flight crew,

(b) the flight can be carried out safely by another member of the flight crew, and

(3) If a launch vehicle has a remote pilot that remote pilot may during the flight only leave the remote pilot’s station temporarily where—

(a) there is more than one remote pilot,

(b) the flight can be carried out safely by that other pilot, and

Pilot in command’s obligations to a spaceflight participant about stations

117

If a launch vehicle has a pilot in command, that pilot must ensure that each spaceflight participant is seated at the spaceflight participant’s assigned station and secured in that participant’s seat by a safety belt or other restraint device—

(a) before launch and landing and during any taxiing operation necessary for the operator’s spaceflight activities,

(b) during periods of flight when the effects on the human body of the forces due to acceleration and their duration are most acute, and

Remote pilot’s obligations to a spaceflight participant about stations

118

If a launch vehicle has a remote pilot, that pilot must ensure that each spaceflight participant is seated at the spaceflight participant’s assigned station and secured in that participant’s seat by a safety belt or other restraint device—

(a) before launch and landing and during any taxiing operation necessary for the operator’s spaceflight activities,

(b) during periods of flight when the effects on the human body of the forces due to acceleration and their duration are most acute, or

Launch director’s or safety manager’s obligations to a spaceflight participant about stations

119

(1) If a launch vehicle has no pilot in command or remote pilot—

(a) where the operator’s spaceflight activities are authorised by a launch operator licence, the launch director, or

(b) where those activities are authorised by a return operator licence, the safety manager,

must ensure that each spaceflight participant is seated at the spaceflight participant’s assigned station and secured in that participant’s seat by a safety belt or other restraint device at the times or during the periods referred to in paragraph (2).

(2) The times or periods are—

(a) before launch and landing and during any taxiing operation necessary for the operator’s spaceflight activities,

(b) during periods of flight when the effects on the human body of the forces due to acceleration and their duration are most acute, and

SECTION 5 — Spaceflight participants

Prohibiting the launch vehicle carrying a spaceflight participant

120

A spaceflight operator must not carry a spaceflight participant in a launch vehicle unless that vehicle is fit for the operator’s spaceflight activities in accordance with regulation 91.

A spaceflight participant to remain at station

121

(1) A spaceflight participant must remain seated at the spaceflight participant’s assigned station and secured in that participant’s seat by a safety belt or other restraint device at all times and during all the periods referred to in regulations 117 to 119 unless one of the individuals in paragraph (2) permits such a participant to leave that station.

(2) The individuals are—

(a) the pilot in command,

(b) a member of the flight crew,

(d) the launch director, where the operator’s spaceflight activities are authorised by a launch operator licence, or

(e) the safety manager, where the operator’s spaceflight activities are authorised by a return operator licence.

Availability of seating requirement to a spaceflight participant

122

A spaceflight operator must make a copy of the requirement relating to seating in regulation 121 available to each spaceflight participant.

Information about the operator’s spaceflight activities

123

Before an operator’s spaceflight activities commence, the spaceflight operator must give each human occupant the information referred to in regulations 209 and 210 which has become available since that occupant signed the consent form referred to in section 17.

CHAPTER 6 — Offences and penalties

Failure of launch director to check conditions met before operator’s spaceflight activities commence

124

A launch director who fails, without reasonable excuse, to comply with the obligation to check that the conditions in regulation 99(2) are met before an operator’s spaceflight activities commence, commits an offence.

Failure of flight termination personnel to follow obligation to make a flight termination decision

125

A member of the flight termination personnel who fails, without reasonable excuse, to comply with the obligation to make a flight termination decision in regulation 100(2), commits an offence.

Failure of a pilot in command or remote pilot to carry out obligations before the flight

126

A pilot in command, or a remote pilot, who fails to comply with the obligations in regulation 114(a) or (b) before the flight, commits an offence.

Failure of pilot in command or remote pilot to carry out flight safely

127

A pilot in command, or a remote pilot, who fails to comply with the obligations in regulation 115(1), commits an offence.

Failure of a pilot in command, flight crew or a remote pilot to remain at stations

128

(1) A member of the flight crew who fails to comply with the requirement in regulation 116(1) to remain at that member’s station secured in their seat by a safety belt or other restraint device unless there is more than one member of the flight crew and the pilot in command permits the member to leave that station for the reasons referred to in regulation 116(1)(a) or (b), commits an offence.

(2) A pilot in command who leaves the pilot in command’s station for reasons other than those referred to in regulation 116(2)(a) to (c), commits an offence.

(3) A remote pilot who leaves the remote pilot’s station for reasons other than those referred to in regulation 116(3)(a) to (c), commits an offence.

Failure of a pilot in command to carry out obligations to a spaceflight participant about stations

129

A pilot in command who fails, without reasonable excuse, to comply with the requirement in regulation 117 to ensure that a spaceflight participant is seated at the spaceflight participant’s assigned station and secured in that spaceflight participant’s seat by a safety belt or other restraint device at the times or during the periods referred to in regulation 117(a) to (c), commits an offence.

Failure of a remote pilot to carry out obligations to a spaceflight participant about stations

130

A remote pilot who fails, without reasonable excuse, to comply with the requirement in regulation 118 to ensure that a spaceflight participant is seated at the spaceflight participant’s assigned station and secured in that spaceflight participant’s seat by a safety belt or other restraint device at the times or during the periods referred to in regulation 118(a) to (c), commits an offence.

Failure of a launch director or a safety manager to carry out obligations to a spaceflight participant about stations

131

(1) A launch director referred to in regulation 119(1)(a), who fails, without reasonable excuse, to comply with the requirement in regulation 119 to ensure that a spaceflight participant is seated at the spaceflight participant’s assigned station and secured in that spaceflight participant’s seat by a safety belt or other restraint device at the times or during the periods referred to in regulation 119(2)(a) to (c), commits an offence.

(2) A safety manager referred to in regulation 119(1)(b), who fails, without reasonable excuse, to comply with the requirement in regulation 119 to ensure that a spaceflight participant is seated at the spaceflight participant’s assigned station and secured in that spaceflight participant’s seat by a safety belt or other restraint device at the times or during the periods referred to in regulation 119(2)(a) to (c), commits an offence.

Failure of a spaceflight participant to remain at station

132

A spaceflight participant who fails, without reasonable excuse, to comply with the requirement in regulation 121(1) to remain seated at the spaceflight participant’s assigned station and secured in that participant’s seat by a safety belt or other restraint device at all times or during all the periods referred to in regulations 117 to 119 unless one of the individuals listed in regulation 121(2) permits that participant to leave that station, commits an offence.

Penalties

133

A person who is guilty of an offence under any of regulations 124 to 132 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;

PART 9 — Cosmic radiation requirements: crew of a launch vehicle and crew of a carrier aircraft

CHAPTER 1 — Interpretation

Interpretation

134

(1) In this Part—

“approved doctor” means a registered medical practitioner who— is an appointed doctor for the purposes of the Ionising Radiation Regulations 2017[^f00044] (see regulation 2 of those Regulations), has completed a course of training in providing medical surveillance for crew who have been exposed to ionising radiation, and has been approved by the regulator for the purposes of carrying out a medical assessment or a health review for the purposes of this Part;

“approved medical assessor” means an individual employed by the regulator who— is qualified and holds a valid licence to practise medicine from the General Medical Council, has qualifications in aviation or space medicine, and has been authorised by the regulator for the purposes of regulations 73(5) and 74(5);

“carrier aircraft cabin crew” means those individuals carried in a carrier aircraft for the purpose of performing duties in the interests of safety of the passengers but who do not act as members of the carrier aircraft flight crew;

“carrier aircraft flight crew” means individuals working on a carrier aircraft who undertake to act as pilot, flight navigator, flight engineer or flight radiotelephony operator of the aircraft;

“carrier aircraft task specialist” means an individual who performs specialised tasks on board the carrier aircraft;

“classified crew member” has the meaning given in regulation 143(1);

“crew” means— in relation to a carrier aircraft, individuals carried in the aircraft who are— members of the carrier aircraft flight crew, members of the carrier aircraft cabin crew, or carrier aircraft task specialists, and in relation to a launch vehicle, individuals carried in the launch vehicle who are— members of the flight crew, or members of the cabin crew, and

“crew member” is to be read accordingly;

“the Directive” means Council Directive 2013/59/Euratom[^f00045] as it was on IP completion day[^f00046], laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation;

“effective dose” has the meaning given in Article 4(25) of the Directive;

“health review” has the meaning given in regulation 144;

“launch vehicle task specialist” means a spaceflight participant who performs specialised tasks on board the launch vehicle;

“mSv” means one thousandth of a sievert;

“overexposure” means in relation to a crew member performing duties for a spaceflight operator— in relation to a classified crew member, that the crew member has received an effective dose of cosmic radiation that exceeds 20 mSv in a calendar year; in relation to any other crew member, that the crew member has received an effective dose of cosmic radiation that exceeds 6 mSv in a calendar year.

(2) For the purposes of this Part a launch vehicle task specialist is treated as a crew member.

(3) References in this Part to a crew member in relation to a spaceflight operator are to a crew member of a carrier aircraft or launch vehicle which takes part in the operator’s spaceflight activities.

(4) References in this Part to cosmic radiation do not include cosmic radiation prevailing at ground level.

CHAPTER 2 — Generally applicable provisions

Authorisation and prohibition on exposure

135

(1) No spaceflight operator may employ or otherwise engage an individual to perform duties as a crew member on a launch vehicle or carrier aircraft that would render the individual liable to receive an effective dose of cosmic radiation that exceeds 6 mSv in a calendar year unless the individual is a classified crew member (see regulation 142).

(2) No spaceflight operator may employ or otherwise engage an individual to perform duties as a classified crew member on a launch vehicle or carrier aircraft that would render the individual liable to receive an effective dose of cosmic radiation that exceeds 20 mSv in a calendar year (see regulation 142).

Risk of exposure of crew members to cosmic radiation

136

(1) Subject to paragraph (2), a spaceflight operator must ensure that a suitable and sufficient assessment of the magnitude of the risk to crew members from exposure to cosmic radiation in the course of performing their duties on board a launch vehicle or a carrier aircraft (an “exposure assessment”) is conducted before carrying out the operator’s spaceflight activities.

(2) Where a spaceflight operator has completed an exposure assessment (the “previous exposure assessment”) in relation to the operator’s spaceflight activities involving the launch vehicle or carrier aircraft, no further exposure assessment needs to be conducted in relation to those activities, but a further assessment must be conducted if—

(a) the spaceflight operator has reason to suspect that the previous exposure assessment is no longer valid,

(b) there has been a material change to the matters to which the previous exposure assessment relates, or

(c) the spaceflight operator has reasonable cause to believe that a crew member has received an overexposure while performing duties for the spaceflight operator on board the launch vehicle or the carrier aircraft.

(3) The spaceflight operator must take into account the results of the most recent exposure assessments it has conducted in relation to the operator’s spaceflight activities when managing the operation of the launch vehicle or carrier aircraft, with a view to minimising as far as reasonably possible the exposure of crew members to cosmic radiation.

(4) In carrying out an exposure assessment the spaceflight operator must take into account any existing legal requirements relating to safety.

Requirements to assess and inform

137

(1) A spaceflight operator must—

(a) take appropriate measures to assess the exposure to cosmic radiation of each crew member,

(b) take into account the assessed exposure when organising working schedules, with a view to reducing the doses of highly exposed crew, and

(2) “Assess” and “highly exposed” have the same meaning as in Article 35 of the Directive.

Protection of pregnant crew

138

(1) A spaceflight operator must inform all crew members of the importance of giving early notification of pregnancy to the spaceflight operator in view of the risks of exposure to the unborn child.

(2) If the suspension of a pregnant crew member’s medical certificate is lifted in accordance with regulation 76(5)(a), a spaceflight operator must ensure that—

(a) the conditions of exposure to cosmic radiation for the crew member in the context of her duties are such that the equivalent dose to the unborn child is as low as reasonably achievable, and

(b) it is unlikely that that dose will exceed 1 mSv during the remainder of the pregnancy.

(3) In this regulation, “equivalent dose” has the meaning given in Article 4(33) of the Directive.

Monitoring of exposure to cosmic radiation: crew other than classified crew

139

(1) A spaceflight operator must ensure that the exposure to cosmic radiation of crew members who are not classified crew members is monitored to such an extent as is sufficient to identify any crew members who should be classified under regulation 143.

(2) Monitoring of the crew of a carrier aircraft or a launch vehicle under this regulation may be undertaken by proper use of any of the following computer programs, which calculate the effective dose of cosmic radiation received by an individual on board a carrier aircraft or a launch vehicle, or of a computer program that performs an equivalent function—

(a) CARI-7;

(b) EPCARD;

(d) PCAire.

(3) In this regulation—

(a) “CARI-7” means the computer programme of the same name, developed by the Federal Aviation Administration’s Civil Aerospace Medical Institute;

(b) “EPCARD” means the European Program Package for the Calculation of Aviation Route Doses, developed by the Institute of Radiation Protection at Helmholtz Zentrum Munich, German Research Centre for Environmental Health;

(c) “SIEVERT PN” means the computer programme of the same name, developed by the Institut De Radioprotection et de Surete Nucleaire;

(d) “PCAire” means the computer programme of the same name, developed by PCAire Inc.

Provision of information and training to crew

140

(1) A spaceflight operator must ensure that each crew member is given appropriate information and training about—

(a) the health risks arising from exposure to cosmic radiation while performing the crew member’s duties on board the carrier aircraft or the launch vehicle,

(b) the spaceflight operator’s procedures for conducting an exposure assessment mentioned in regulation 136(1), and

(2) The spaceflight operator must ensure that training under paragraph (1) is given before the crew member performs any duties on board the carrier aircraft or launch vehicle.

Overexposure

141

(1) Where a spaceflight operator has reasonable cause to believe that a crew member has received an overexposure while performing duties for that operator on board a launch vehicle or a carrier aircraft, the spaceflight operator must immediately conduct an investigation in order to conclude beyond reasonable doubt that no overexposure has occurred (a “negative conclusion”).

(2) If the spaceflight operator is not able to reach a negative conclusion within fourteen days beginning with the date on which the investigation commenced (the “fourteen day period”), an overexposure is deemed to have occurred and the spaceflight operator must—

(a) immediately—

(i) notify the regulator of the overexposure,

(ii) where the crew member is a classified crew member, notify the approved doctor who undertook the crew member’s most recent medical examination or health review of the overexposure, and

(iii) take appropriate steps to notify the crew member affected of the overexposure,

(b) where requested by the crew member, immediately arrange for an approved doctor to undertake a medical examination of the crew member in relation to the overexposure, and

(c) as soon as is reasonably practicable after the fourteen day period, conduct such investigation as is necessary to determine—

(i) the dose of cosmic radiation received by the crew member, so far as is reasonably practicable, and

(ii) the necessary measures, if any, to be taken to prevent a recurrence of the overexposure.

(3) Where an investigation is conducted under paragraph (2)(c), the spaceflight operator must immediately upon the conclusion of the investigation—

(a) notify the regulator, and

(b) take appropriate steps to notify the crew member affected,

of the results of the investigation and any determination as to the necessary measures to be taken to prevent a recurrence of the overexposure.

(4) A spaceflight operator who determines that there are measures necessary to be taken to prevent a recurrence of the overexposure must implement those measures as soon as practicable after such a determination is reached.

(5) A spaceflight operator who conducts an investigation pursuant to paragraph (1) must ensure that a report of the investigation is retained until the second anniversary of the date on which the investigation was commenced.

(6) A spaceflight operator who conducts an investigation pursuant to paragraph (2)(c) must ensure that a report of the investigation is retained until the later of—

(a) the 75th anniversary of the birth of the crew member affected, whether or not the crew member survives until that date, and

(b) the 30th anniversary of the date on which the investigation was commenced.

Continued working of overexposed crew

142

(1) No spaceflight operator may employ or engage a crew member who has received an overexposure to perform duties on board a launch vehicle or a carrier aircraft that would render the crew member liable to receive an effective dose of cosmic radiation that exceeds X mSv for the remainder of the calendar year.

(2) In paragraph (1), “X” is the lower of—

(a) the dose limit applicable to the crew member divided by 365 and multiplied by the number of days in the remainder of the calendar year, and

(b) the dose limit applicable to the crew member minus the effective dose of radiation received by the crew member for the calendar year to the date on which the crew member received the overexposure, excluding the dose resulting in the overexposure.

(3) A spaceflight operator employing or engaging a crew member who has received an overexposure to perform duties on board a launch vehicle or a carrier aircraft must inform the crew member of the dose limit applicable to the crew member.

(4) Where an overexposure received by a crew member was caused by exceptional circumstances beyond the control of the spaceflight operator, the dose resulting in the overexposure is not to be included in any assessment of the crew member’s effective dose for the purposes of regulation 135.

(5) In this regulation—

(a) the “dose limit applicable to the crew member” is —

(i) for classified crew members, 20 mSv;

(ii) for all other crew members, 6 mSv;

(b) the “remainder of the calendar year” begins with the day after the date on which the crew member received the overexposure and ends with the last day of the calendar year.

CHAPTER 3 — Provisions relating to classified crew

Classification of crew

143

(1) Subject to paragraph (2), a spaceflight operator may classify a crew member for the purpose of regulation 135(1) and (2) and a crew member classified under this regulation is referred to in this Part as a “classified crew member”.

(2) A spaceflight operator must not classify a crew member unless—

(a) at the crew member’s most recent medical examination or health review, under regulation 144, an approved doctor determined that the crew member is—

(i) fit to work as a classified crew member, or

(ii) fit, subject to certain conditions, to work as a classified crew member, and

(b) in a case within sub-paragraph (a)(ii), the conditions are complied with.

(3) A spaceflight operator must, as soon as is practicable following a crew member’s most recent medical examination or health review under regulation 144, review the suitability of the crew member for the crew member’s classification, having regard to the results of—

(a) any monitoring under regulation 139 or 146 undertaken in relation to the crew member since the beginning of the year in which the medical examination or health review takes place,

(b) the crew member’s most recent medical examination or health review under regulation 144, and

(c) any other medical examination the crew member has been subject to since the date of the crew member’s most recent medical examination or health review under regulation 144.

(4) A spaceflight operator must cease to classify a crew member as a classified crew member if—

(a) at the crew member’s most recent medical examination or health review, in accordance with regulation 144, an approved doctor determines that the crew member is—

(i) unfit to work as a classified crew member, or

(ii) fit, subject to certain conditions, to work as a classified crew member, and

(b) in a case within sub-paragraph (a)(ii), the conditions are not complied with.

Medical surveillance

144

(1) A spaceflight operator must ensure that—

(a) before classifying a crew member as a classified crew member, the crew member undergoes a medical examination by an approved doctor to determine the crew member’s fitness to perform duties as a classified crew member, and

(b) each classified crew member has at least one review of their health (“health review”) by an approved doctor once in every 12 months to determine whether the crew member remains fit to perform their duties.

(2) For the purposes of paragraph (1), every crew member must submit to such a medical examination or health review when required by the spaceflight operator to do so.

(3) A spaceflight operator must ensure that the approved doctor who performs an examination or health review in accordance with paragraph (1)—

(a) determines that the crew member is—

(i) fit to work as a classified crew member,

(ii) fit, subject to certain conditions, to work as a classified crew member, or

(iii) unfit to work as a classified crew member, and

(b) in a case within sub-paragraph (a)(ii), specifies the conditions concerned.

(4) A spaceflight operator must, as soon as reasonably practicable, notify the crew member concerned of—

(a) the determination made by the approved doctor of the crew member’s fitness under paragraph (3)(a), and

(b) any conditions the approved doctor has specified in relation to the crew member under paragraph (3)(b).

(5) A spaceflight operator must allow an approved doctor access to any information the approved doctor may reasonably require in relation to the approved doctor’s functions under this regulation.

Health records

145

(1) A spaceflight operator must ensure that a health record is created in respect of each classified crew member.

(2) A “health record” is a written document containing the information specified in Schedule 6.

(3) A spaceflight operator must ensure that each health record is—

(a) maintained while the crew member to whom it relates is classified by the spaceflight operator as a classified crew member, and

(b) retained until the later of—

(i) the 75th anniversary of the birth of the crew member, whether or not the crew member survives until that date, and

(ii) the 30th anniversary of the date on which the crew member was last exposed to cosmic radiation in the course of performing duties for the spaceflight operator on board a carrier aircraft or launch vehicle.

(4) A crew member may request a copy of their health record.

(5) An approved doctor may request a copy of the health record in respect of a crew member whom the approved doctor has examined, is due to examine, or whose health the approved doctor has reviewed, or is due to review, in accordance with regulation 144(1) in connection with the performance of the approved doctor’s functions under that regulation.

(6) A spaceflight operator must, within a reasonable time of receiving a request under paragraph (4) or (5), ensure that a copy of the health record is produced to the crew member or approved doctor.

(7) The spaceflight operator must take measures to ensure that a health record is protected as confidential information, and not disclosed otherwise than in accordance with this regulation or to an approved medical assessor for the purposes of that assessor performing duties as a medical assessor.

Monitoring of exposure to cosmic radiation: classified crew

146

(1) A spaceflight operator must ensure that the exposure to cosmic radiation of each classified crew member is individually monitored.

(2) Monitoring of the crew of a carrier aircraft or a launch vehicle under this regulation may be undertaken by proper use of any of the following computer programs, which calculate the effective dose of cosmic radiation received by an individual on board a carrier aircraft or a launch vehicle, or of a computer program that performs an equivalent function—

(a) CARI-7;

(b) EPCARD;

(d) PCAire.

(3) In this regulation, “CARI-7”, “EPCARD”, “SIEVERT PN” and “PCAire” have the same meaning as in regulation 139.

Records of exposure to cosmic radiation of classified crew

147

(1) A spaceflight operator must maintain a record of all monitoring undertaken under regulation 146.

(2) A record under paragraph (1) is a written document containing—

(a) the crew member’s—

(i) name,

(ii) date of birth,

(iii) gender, and

(iv) nationality,

(b) the name and address of the crew member’s employer, where it is not the spaceflight operator, and

(3) An operator must ensure that a record under paragraph (1) is retained until the later of—

(a) the 75th anniversary of the birth of the crew member to whom the record relates, whether or not the crew member survives until that date, and

(b) the 30th anniversary of the date on which the crew member was last exposed to cosmic radiation in the course of performing duties for the spaceflight operator on board a launch vehicle or a carrier aircraft.

(4) On or before 31st March of each calendar year the spaceflight operator must submit to the regulator a copy of all records under paragraph (1) relating to the previous calendar year.

Access to records of individual exposure to cosmic radiation

148

(1) An interested person may request that a spaceflight operator cause to be produced to the interested person a copy of the record required to be maintained under regulation 147 in relation to a crew member specified in that request.

(2) “Interested person” means—

(a) the crew member to whom the record relates,

(b) another spaceflight operator (“O”), or a person other than O employing or otherwise engaging the crew member to perform duties for O on board a launch vehicle or a carrier aircraft, where the request is made for the purpose of complying with O’s requirements in relation to the crew member under this Part,

(i) in relation to an examination or health review the approved doctor is due to perform, or has performed, in accordance with regulation 144 of the crew member to whom the record relates, and

(ii) in connection with making a determination as mentioned in paragraph (3) of that regulation.

(3) The spaceflight operator must, within a reasonable time of receiving a request under paragraph (1), cause a copy of the record to be produced to the person who requested it.

(4) The spaceflight operator must take measures to ensure that all records referred to in paragraph (1) are protected as confidential information, and not disclosed otherwise than in accordance with this regulation or to an approved medical assessor for the purposes of that assessor performing duties as a medical assessor.

CHAPTER 4 — Instruction of experts

Instruction of experts

149

(1) A spaceflight operator must instruct a suitably qualified person to review the processes implemented by the spaceflight operator to comply with the regulations in this Part.

(2) The spaceflight operator must ensure that the review referred to in paragraph (1) is completed within a reasonable period of the spaceflight operator commencing the operator’s spaceflight activities which involve employing or engaging a crew member to perform duties on board a launch vehicle or a carrier aircraft.

(3) A spaceflight operator must pay due regard to the results of any review undertaken under paragraph (1).

(4) A spaceflight operator must provide the person instructed under paragraph (1) with any information and facilities that the person reasonably requests for the purpose of performing their review.

(5) The spaceflight operator must take measures to ensure that any information provided under paragraph (4) is protected as confidential information and not disclosed otherwise than in accordance with this regulation or to an approved medical assessor for the purposes of that assessor performing duties as a medical assessor.

Consequential amendments

150

In consequence of the provisions of this Part, the amendments to the Air Navigation (Cosmic Radiation: Protection of Air Crew and Space Crew and Consequential Amendments) Order 2019[^f00047] in Schedule 7 have effect.

PART 10 — Spaceport safety

CHAPTER 1 — Interpretation

Interpretation

151

In this Part—

“current safety case” means— if it is the first safety case, the safety case which the regulator is satisfied meets the requirements of regulation 36, or if it is a safety case reviewed, or reviewed and revised, under regulation 155, the safety case reviewed, or reviewed and revised, and accepted by the regulator in accordance with that regulation;

“licensed activities” means the activities that a person is authorised to carry out by virtue of a spaceport licence;

“operational area” means any area of a spaceport where licensed activities are undertaken and includes any runway, taxiway, launch pad, test stand, hazardous material storage facility, hazardous material handling or venting area, static engine test area or area within a safety clear zone;

“safety case” is to be construed in accordance with regulation 36;

“safety clear zone” means an area which is subject to restrictions, exclusions and warnings during the carrying out of hazardous pre-flight and post-flight operations;

“spaceport manual” is to be construed in accordance with regulation 164;

“spaceport operating staff” means an employee or agent of the licensee whose duties— are concerned with ensuring that the spaceport is safe and secure for use by carrier aircraft, launch vehicles and any payload to be carried by a launch vehicle, or require them to have access to an operational area.

CHAPTER 2 — A spaceport licensee’s safety duty

A spaceport licensee’s safety duty

152

(1) A spaceport licensee must ensure that its licensed activities are carried out safely.

(2) A spaceport licensee carries out its licensed activities safely by carrying them out—

(a) in accordance with the current safety case by—

(i) preventing a major accident from occurring, and

(ii) mitigating the consequences of such an accident if it does occur.

CHAPTER 3 — Horizontal spaceport location requirement

Horizontal spaceport location requirement

153

A horizontal spaceport must be located at an aerodrome which is either—

(a) certified, or

(b) CAA licensed.

CHAPTER 4 — Safety case: retention, review and revision

Requirement to retain the safety case

154

A spaceport licensee must retain its current safety case for the duration of the licence.

Safety case review and revision requirement

155

(1) A spaceport licensee must review and, where necessary, revise its current safety case—

(a) no more than five years after the date on which the licence was granted, and

(b) at intervals not exceeding five years following the first review mentioned in sub-paragraph (a).

(2) Despite paragraph (1), the spaceport licensee must review and, where necessary, revise its current safety case—

(a) following an occurrence at the spaceport;

(b) where it becomes aware of an occurrence that has occurred elsewhere and which may affect the safe operation of the spaceport;

(c) where a review is justified by new facts or by technological knowledge about safety matters, including knowledge arising from analysis of accidents or occurrences;

(d) where a review is justified by developments in knowledge concerning the assessment of hazards;

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