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

General

69Interpretation

(1)

In this Act—

Air Navigation Order” means an Order in Council under section 60 of the Civil Aviation Act 1982;

appointed person” means a person appointed by regulations under section 16;

“the CAA” means the Civil Aviation Authority;

carrier aircraft” has the meaning given in section 2(6);

carry out”, in relation to an activity, is to be read in accordance with section 1(2);

enactment” includes—

(a)

an enactment contained in subordinate legislation (within the meaning given in the Interpretation Act 1978);

(b)

an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales;

(c)

an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;

(d)

an enactment contained in, or in an instrument made under, Northern Ireland legislation;

injury or damage” means personal injury, death or physical damage;

“insurance”, “insured” and “reinsurance” are to be read in accordance with section 38(8);

land order” has the meaning given in section 41(4);

launch” is to be read in accordance with subsection (2);

local authority” has the meaning given in section 105 of the Civil Aviation Act 1982;

mission management facility” has the meaning given in section 19(4);

operator licence” has the meaning given in section 3(2);

outer space” has the same meaning as in the Outer Space Act 1986;

prescribed” means prescribed by regulations;

public safety” has the meaning given in section 2(6) and (7);

range” has the meaning given in section 5(1);

range control services” has the meaning given in section 6;

“range control licence” and “range control service provider” have the meaning given in section 7(2);

regulated person” has the meaning given in section 28(8);

the regulator” has the meaning given in section 16(8);

risk assessment” has the meaning given in section 9(2);

rocket” means a projectile of mainly cylindrical or similar shape that can be propelled from or above the earth by combustion of its fuel (or fuel and oxidant);

safety regulations” means regulations under section 19;

sea”, in relation to the United Kingdom, includes the territorial sea adjacent to the United Kingdom;

security regulations” means regulations under section 23;

spacecraft” has the meaning given in section 2(6);

spaceflight activities” has the meaning given in section 1(4) to (6);

space object” has the same meaning as in the Outer Space Act 1986;

spaceport” has the meaning given in section 3(2) and (3);

spaceport licence” has the meaning given in section 3(2);

space site” has the meaning given in paragraph 5(3) of Schedule 4;

“statutory undertaker” and “statutory undertaking” have the meaning given in subsection (3), read with subsection (4);

take part”, in relation to spaceflight activities, is to be read in accordance with section 9(9);

training regulations” means regulations under section 18.

(2)

In this Act, a reference to launching a craft includes a reference to—

(a)

causing it to take off, or

(b)

(in the case of balloon) releasing it,

and “launch” (as a noun) is to be read accordingly.

(3)

Statutory undertaker” means—

(a)

the holder of a licence under Chapter 1 of Part 1 of the Transport Act 2000 (an “air traffic licensee”);

(b)

a universal service provider (within the meaning of Part 3 of the Postal Services Act 2011) in connection with the provision of a universal postal service (within the meaning of that Part of that Act);

(c)

a person authorised by any Act (whether public general or local), or by any order or scheme under such an Act, to construct, work or carry on—

(i)

a railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or

(ii)

an undertaking for the supply of hydraulic power.

“Statutory undertaking” is to be read accordingly.

(4)

For the purposes of this Act—

(a)

an air traffic licensee is taken to be a statutory undertaker only when carrying out activities authorised by the licence under the Transport Act 2000 (and the licensee’s undertaking is taken to be a statutory undertaking only to the extent that it is its undertaking as an air traffic licensee);

(b)

the undertaking of a universal service provider so far as relating to the provision of a universal postal service is taken to be the provider’s statutory undertaking.

References to a person’s undertaking are to be read accordingly.

(5)

The fact that a spaceport licence is in force in respect of any site does not affect the question whether that site, or any area of land or water of which it (or any part of it) forms part, is an aerodrome within the meaning of the Civil Aviation Act 1982.