Legislation – Space Industry Act 2018
Changes to legislation:
Space Industry Act 2018, Section 42 is up to date with all changes known to be in force on or before 04 April 2026. 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 42:
- specified provision(s) amendment to earlier commencing S.I. 2021/817, Sch. by S.I. 2021/874 reg. 2
Powers in relation to land
42Power of entry for purposes of survey
(1)
Where the Secretary of State has made, or is considering the making of, an order under section 39 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 person in whose favour the order was made, or is to be made, requires to be carried out for the purpose of any steps to be taken in consequence of the order.
(2)
An authorisation under subsection (1) must be in writing.
(3)
A person authorised under subsection (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 subsection (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 subsection (1) in the exercise of a power under this section commits an offence.
(6)
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.