Legislation – Space Industry Act 2018

New Search

Introduction

1 Introduction

2 Duties and supplementary powers of the regulator

3 Prohibition of unlicensed spaceflight etc

4 Exemptions from licence requirement

5 Range

6 Range control services

7 Provision of range control services

8 Grant of licences: general

9 Grant of operator licences: safety

10 Grant of spaceport licence

11 Grant of licences: assessments of environmental effects

12 Terms of licences

13 Conditions of licences

14 Licences granted for specified periods

15 Transfer, variation, suspension or termination of licence

16 Power of Secretary of State to appoint person to exercise functions

17 Informed consent

18 Training, qualifications and medical fitness

19 Safety regulations

20 Investigation of accidents

21 Assistance etc with performance of regulator’s safety functions

22 Offences against the safety of spacecraft etc

23 Security regulations

24 Spaceport byelaws

25 Provision of advice and assistance on security matters

26 Monitoring and enforcement by regulator

27 Power to give directions: breach of licence condition etc

28 Power to give directions: safety, security etc

29 Power to give directions: international obligations of the UK

30 Consultation about directions

31 Further provision about directions

32 Warrants authorising entry or direct action

33 Power to authorise entry etc in emergencies

34 Liability of operator for injury or damage etc

35 Power or duty of Secretary of State to indemnify

36 Obligation to indemnify government etc against claims

37 Regulator etc not liable in respect of spaceflight-related actions

38 Insurance

39 Powers to obtain rights over land

40 Orders under section 39: offences

41 Power to restrict use of land temporarily

42 Power of entry for purposes of survey

43 Challenges to and commencement of orders

44 Powers in relation to land: compensation

45 Registration of orders

46 Special provisions relating to statutory undertakers

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

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

49 Amendment and revocation of orders

50 Powers in relation to land: notices

51 Application of criminal law to spacecraft etc

52 Offences on board spacecraft: supplementary

53 Penalties for offences under this Act

54 Offences under regulations

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

56 Defences

57 Offences by bodies corporate

58 Offences by partnerships

59 Civil sanctions

60 Appeals

61 Register of launches

62 Charging schemes

63 Provision of advice and assistance by or to an appointed person

64 Co-operation between Secretary of State and other public authorities

65 Agreements with other countries: compliance with requirements etc

66 Use of records and documentary evidence

67 Minor and consequential amendments

68 Regulations: general

69 Interpretation

70 Commencement

71 Extent

72 Short title

SCHEDULES

SCHEDULE 1 Particular conditions that may be included in licences

SCHEDULE 2 Training regulations: further provision

SCHEDULE 3 Safety regulations: further provision

SCHEDULE 4 Offences against the safety of spacecraft etc

SCHEDULE 5 Security regulations: further provision

SCHEDULE 6 Orders under sections 39 and 41

SCHEDULE 7 Powers in relation to land: quashing of orders

SCHEDULE 8 Powers in relation to land: compensation

SCHEDULE 9 Powers in relation to land: special provisions relating to statutory undertakers

SCHEDULE 10 Appeals in connection with spaceflight activities

SCHEDULE 11 Charging schemes

SCHEDULE 12 Minor and consequential amendments

Changes to legislation:

Space Industry Act 2018, Section 38 is up to date with all changes known to be in force on or before 10 December 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

Liabilities, indemnities and insurance

38Insurance

(1)

Regulations may require holders of licences under this Act and other persons engaged in spaceflight activities to be insured in respect of prescribed risks and liabilities.

The regulations may prescribe—

(a)

matters to be covered by the insurance;

(b)

matters that may, or may not, be excluded from the cover required;

(c)

the amounts of cover required.

(2)

Regulations made with the consent of the Treasury may provide for insurance or reinsurance to be made available by the Secretary of State for the purpose of enabling persons to comply with—

(a)

any requirements imposed on them by regulations under subsection (1);

(b)

any requirements about insurance imposed by licence conditions.

(3)

The Secretary of State may make arrangements with any person, on whatever terms the Secretary of State thinks appropriate, for the purpose mentioned in subsection (2).

(4)

Arrangements under which insurance or reinsurance is made available by the Secretary of State may not be made under subsection (3), but only in accordance with regulations under subsection (2).

(5)

Arrangements under subsection (3) may include—

(a)

the provision of an indemnity or guarantee;

(b)

the making of grants.

(6)

The Secretary of State must lay before Parliament a statement about arrangements made under subsection (3), as soon as reasonably practicable after they are made, setting out—

(a)

the persons for whose benefit the arrangements are made;

(b)

the nature of the arrangements;

(c)

the amount that may be required to discharge the Secretary of State’s obligations under the arrangements.

(7)

While arrangements under subsection (3) continue, the Secretary of State must make a further statement about the arrangements, as soon as reasonably practicable after the end of each report period, setting out—

(a)

any changes in the arrangements;

(b)

the amount that may be required to discharge the Secretary of State’s obligations under the arrangements.

The “report period” is the period of two years beginning with the day on which the statement under subsection (6) is laid before Parliament, and each subsequent period of two years.

(8)

A reference in this Act to insurance includes a reference to a security that satisfies prescribed conditions.

References in this Act to being insured, and to reinsurance, are to be read accordingly.

(9)

Sums received by the Secretary of State by virtue of subsection (2), or under arrangements made under subsection (3), are to be paid into the Consolidated Fund.

(10)

Sums required by the Secretary of State for fulfilling obligations by virtue of subsection (2), or under arrangements made under subsection (3), are to be paid out of money provided by Parliament.