Legislation – Space Industry Act 2018

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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

Powers in relation to land

40Orders under section 39: offences

(1)

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

(a)

any works carried out on any land under the order, or

(b)

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

(2)

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

(3)

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

(4)

Proceedings for an offence under this section may be instituted—

(a)

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

(b)

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

(5)

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

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