Legislation – Space Industry Act 2018

A person authorised by a spaceport licence to operate a spaceport (the “licensee”) may make byelaws regulating the use and operation of the spaceport, and the conduct of persons within it, for the purposes of ensuring security in relation to—

(a)

the spaceport;

(b)

spaceflight activities, and associated activities, carried out at the spaceport;

(c)

spacecraft and payloads at the spaceport.

(2)

Byelaws under this section (“spaceport byelaws”) may make provision—

(a)

for regulating vehicular traffic anywhere within the spaceport, except on roads within the spaceport to which the road traffic enactments apply, and in particular (with that exception) for imposing speed limits on vehicles within the spaceport and for restricting or regulating the parking of vehicles or their use for any purpose or in any manner specified in the byelaws;

(b)

for prohibiting or restricting access to any part of the spaceport;

(c)

for preserving order within the spaceport and preventing damage to property within it;

(d)

for requiring any person, if so requested by a constable or a spaceport official, to leave the spaceport or any particular part of it, or to state his or her name and address and purpose for being within the spaceport.

This subsection does not limit subsection (1).

(3)

A spaceport official may not exercise a power under spaceport byelaws without producing written evidence of his or her authority if required to do so.

(4)

A constable may remove from a spaceport (or from any part of it)—

(a)

a person who fails or refuses to leave the spaceport (or part) after being requested to do so in accordance with a byelaw made by virtue of subsection (2)(d);

(b)

any vehicle, animal or thing brought to or left within the spaceport (or part) in contravention of a spaceport byelaw;

(c)

any vehicle, animal or thing likely to cause danger or obstruction.

(5)

Before a licensee makes spaceport byelaws that would apply in relation to any part of an airport in relation to which byelaws under section 63 of the Airports Act 1986 apply, the licensee must consult the person by whom the byelaws under that section were made (unless the licensee is that person).

(6)

Spaceport byelaws do not have effect until they are confirmed by the Secretary of State.

(7)

Schedule 3 to the Airports Act 1986 (further provision about byelaws) applies in relation to—

(a)

spaceports,

(b)

holders of spaceport licences, and

(c)

spaceport byelaws,

as it applies in relation to airports, airport operators and byelaws under section 63 of that Act.

(8)

A person who contravenes a spaceport byelaw commits an offence and is liable on summary conviction to a fine not exceeding the amount specified by the byelaws in relation to the contravention.

(9)

The maximum fines that spaceport byelaws may specify by virtue of subsection (8) are fines of an amount at level 4 on the standard scale or of a lower amount.

(10)

The Secretary of State may by regulations revoke or vary a spaceport byelaw to the extent that it appears to the Secretary of State to be inconsistent with—

(a)

the security of the spaceport, of spaceflight activities carried out at the spaceport or of spacecraft or payloads at the spaceport,

(b)

the safety of persons or vehicles using the spaceport, of spacecraft or of the general public,

(c)

the interests of national security, or

(d)

any international obligation of the United Kingdom.

Before exercising the power under this subsection the Secretary of State must consult the person by whom the byelaw was made.

(11)

In this section—

“the road traffic enactments” means the enactments (whether passed or made before or after the passing of this Act) relating to road traffic, including the lighting and parking of vehicles, and any order or other instrument having effect by virtue of any such enactment;

“spaceport official” means a person authorised by the licensee.

(12)

In the application of this section to spaceports in Northern Ireland—

(a)

a reference to section 63 of the Airports Act 1986 is to be read as a reference to Article 18 of the Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1));

(b)

a reference to Schedule 3 to that Act is to be read as a reference to Schedule 4 to that Order.