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Statutory Instrument

The Space Industry Regulations 2021

Citation
S.I. 2021/792
As at
Sections
423
Section 1Citation, commencement and extent

(1) These Regulations may be cited as the Space Industry Regulations 2021 and come into force on the twenty-first day after the day on which they are made.

(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Section 2Interpretation

(1) In these Regulations—

“ the Act ” means the Space Industry Act 2018 and a reference to a section without more is a reference to a section of the Act;

“ accident ” includes any fortuitous or unexpected event by which the safety of any launch vehicle or person is threatened, and “ spaceflight accident ” means an accident—

arising out of, or in the course of, spaceflight activities, and

occurring—

in or over the United Kingdom, or

elsewhere, if any of the circumstances referred to in regulation 16 of the Spaceflight Activities (Investigation of Spaceflight Accidents) Regulations 2021 apply;

“ accountable manager ” means the individual appointed under regulation 7(1)(a) , 8(1) or 11(1)(c) ;

“ aerodrome certificate ” means a certificate issued under the Aerodromes Regulation;

“ Aerodromes Regulation ” means Commission Regulation (EU) No. 139/2014 of 12th February 2014 laying down requirements and administrative procedures related to aerodromes pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council;

“ Aircrew Regulation ” means Commission Regulation (EU) No. 1178/2011 of 3rd November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No. 216/2008 of the European Parliament and of the Council;

“ air traffic controller ” means an individual acting as an air traffic controller in pursuance of a licence granted under or by virtue of an enactment;

“ blast overpressure ” means pressure above normal atmospheric pressure as the result of a shock wave caused by an explosion or detonation;

“ CAA licensed ” in relation to an aerodrome means an aerodrome which is licensed under an Air Navigation Order ;

“ cabin crew ” means individuals who take part in spaceflight activities on board a launch vehicle to perform duties assigned by the spaceflight operator or the pilot in command of the launch vehicle, but who are not members of the flight crew;

“ carrier aircraft ” means an aircraft which is carrying a launch vehicle which is to separate from that aircraft before the aircraft lands, except in—

regulations 2(2)(b) , 15 , 27(2)(d) , 36(6)(c) , 80 , 84(1)(b) and 161 ,

Parts 9, 11 and 14, and

paragraph 4(c) of Schedule 1, paragraph 12 of Schedule 5, and paragraph 6 of Schedule 8;

“ certified ” in relation to an aerodrome means an aerodrome in respect of which an aerodrome certificate is in force;

“crew”, except in Part 9, means—

members of the cabin crew, and

members of the flight crew;

“ current risk assessment ” means—

if the risk assessment has not been revised and accepted by the regulator in accordance with regulations 80 and 82 , the risk assessment, or

if the risk assessment has been revised and accepted by the regulator in accordance with regulations 80 and 82 , that revised risk assessment;

“ dangerous goods ” means any article or substance which is identified as such in the 2021-2022 English language edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air , approved and published by decision of the Council of the International Civil Aviation Authority but does not include propellants or other substances necessary for the normal functioning of the launch vehicle;

“ day ” means a calendar day;

“ designated range ” means the range identified by the licensee pursuant to regulation 46(1) in respect of the operator’s spaceflight activities;

“ emergency services ” means—

police, fire, rescue and ambulance services, and

Her Majesty’s Coastguard;

“ flight crew ” means individuals who take part in spaceflight activities on board a launch vehicle as a pilot or flight engineer of the launch vehicle;

“ flight envelope ” means the expected set of trajectories of the launch vehicle taking account of variations to those trajectories and any deviation from those trajectories within which the operator’s spaceflight activities can be carried out safely;

“ flight safety system ” means a system, including all hardware and software, that provides a controlled means of ending the flight of a launch vehicle for the purposes of ensuring that the operator’s spaceflight activities are carried out safely;

“ flight termination personnel ” means the persons who are not on board the launch vehicle and operate, or oversee the operation of, a flight safety system which is not an autonomous flight safety system;

“ fragmentation debris ” means debris that is emitted as a result of an explosion or deflagration;

“ ground control at the spaceport or other place ” means a site at a spaceport or other place from which spaceflight activities are controlled or are to be controlled but does not include a mission management facility;

“ ground support equipment ” means equipment including any hardware and software which is used on the ground or other place to assemble, integrate, test, transport, access, handle, maintain, calibrate, verify, protect or service a launch vehicle;

“ hazardous material ” includes any propellant, whether solid, liquid or gas, any radioactive material or any substance or material prescribed as a hazardous substance for the purposes of the Planning (Hazardous Substances) Act 1990 , the Planning (Hazardous Substances) (Scotland) Act 1997 or the Planning Act (Northern Ireland) 2011 by regulations made under those Acts ;

“ hazardous material storage facility ” has the meaning given in regulation 158(1) ;

“ hazardous pre-flight and post-flight operations ” means any operation or activity at a spaceport, the carrying out of which involves a risk to any person from blast overpressure, fragmentation debris, thermal radiation or toxic release;

“ Her Majesty’s forces ” has the same meaning as in the Armed Forces Act 2006 ;

“ horizontal spaceport ” means a spaceport from which spaceflight activities requiring the use of a runway may be carried out by virtue of a spaceport licence ;

“ human factors ” means the human and individual capabilities, characteristics and limitations which influence behaviour or the performance of tasks in a way which may affect the safety of licensed activities;

“ human occupant ” means a member of the crew or a spaceflight participant;

“ intelligence service ” means—

the Security Service;

the Secret Intelligence Service;

the Government Communications Headquarters;

any part of Her Majesty’s forces, or of the Ministry of Defence, which engages in intelligence activities;

“ investigator-in-charge ” means an individual charged, on the basis of the individual’s qualifications, with responsibility for the organisation, conduct and control of a safety investigation;

“ launch director ” means the individual appointed by the holder of a launch operator licence under regulation 9(3)(a) ;

“ launch operator licence ” means an operator licence which authorises a person to carry out spaceflight activities that include launching a launch vehicle or launching a carrier aircraft and a launch vehicle;

“ launch operator licensee ” means the holder of a launch operator licence;

“launch vehicle”, other than in references to a “US launch vehicle”, means—

a craft to which section 1(5) applies and the component parts of that craft, or

a space object which is a vehicle and the component parts of that vehicle,

that is used for the purpose of the proposed spaceflight activities or the operator’s spaceflight activities, as applicable, but does not include a payload carried by the launch vehicle;

“licensed activities”, except in Parts 5 and 10 and in Schedule 4, means the activities which a person is authorised to carry out by virtue of an operator licence, a spaceport licence or a range control licence ;

“ licensee ” means the holder of an operator licence, a spaceport licence or a range control licence under the Act, except in—

the defined terms—

“launch operator licensee”,

“proposed spaceport licensee”,

“range control licensee”,

“return operator licensee”,

“spaceport licensee”, and

“US licensee”,

Parts 6 and 7, and

Schedule 4;

“ major accident ” means—

for the purposes of Parts 4, 8, Schedule 1 and Schedule 4 in so far as it relates to a spaceflight operator, an accident arising out of, or in the course of, spaceflight activities or preparation for spaceflight activities that is highly likely to—

cause death or serious injury to, or

destroy or seriously damage the property of,

persons who are not human occupants;

for the purposes of Parts 5 and 10, regulation 181(2)(e) and Schedule 4 in so far as it relates to a spaceport licensee, an accident at the spaceport that is highly likely to—

cause death or serious injury to any person, or

destroy or seriously damage the property of members of the public;

for the purposes of Part 16, an accident of the types referred to in paragraphs (a) or (b) as appropriate;

“ major accident hazard ” means a hazard that could cause a major accident;

“ malfunctions ” means the launch vehicle deviates from operating within its flight envelope or otherwise ceases to operate normally and “ malfunction ” means the deviation of such a vehicle from that envelope;

“ NASP ” means National Aviation Security Programme ;

“occurrence”, other than in Part 11, has the meaning given in regulation 270 ;

“ occurrence report ” means a report referred to in regulation 271(1) ;

“ operator ” means the holder of an operator licence;

“ operator security programme ” means the programme specified in regulation 171(1) ;

“ operator’s spaceflight activities ” means spaceflight activities which are authorised by an operator licence and which are any of—

launching a launch vehicle;

launching a carrier aircraft;

operating the launch vehicle or a carrier aircraft whose launch is authorised by the operator licence, in so far as necessary for one or more of the following assignments—

to carry a spaceflight participant,

to carry a payload until its release or separation from the launch vehicle,

to carry out sub-orbital activities, or

to return to earth and complete its flight,

including orbital activities only in so far as they are necessary to complete such an assignment;

operating a launch vehicle whose launch is not authorised by the operator licence, in order to cause that vehicle to land in the United Kingdom;

“ orbital activities ” means spaceflight activities using a launch vehicle which has reached a stable orbit;

“ pilot in command ” means the pilot who—

takes part in the operator’s spaceflight activities on board the launch vehicle, and

is designated by the spaceflight operator as being in command and charged with the safe conduct of its flight, without being under the direction of any other pilot;

“ proposed spaceflight activities ” means any of the spaceflight activities mentioned in paragraphs (a) to (d) of the definition of “operator’s spaceflight activities” which would be authorised by the operator licence that the applicant is applying for, if granted;

“ qualifying health and safety authority ” has the meaning given in section 21(2);

“ range control licensee ” means the holder of a range control licence;

“ range operations manager ” means the individual appointed under regulation 11(1)(b) ;

“ range safety manager ” means the individual appointed under regulation 11(1)(a) ;

“ remote pilot ” means an individual who—

has the ability to control, in real time, the flight path of the launch vehicle, and

is not on board that launch vehicle;

“ return operator licence ” means an operator licence which is not a launch operator licence and which authorises a person to operate a launch vehicle, launched elsewhere than the United Kingdom, in order to cause that vehicle to land in the United Kingdom;

“ return operator licensee ” means the holder of a return operator licence;

“ safety investigation ” means a process conducted by SAIA, or other relevant national or international body, for the purposes of spaceflight accident prevention, which—

includes the gathering and analysis of information,

the drawing of conclusions, including the determination of causes and contributing factors, and

when appropriate, the making of safety recommendations;

“safety management system” in respect of a spaceflight operator and a spaceport licensee is to be construed in accordance with Schedule 4;

“ safety manager ” means the individual appointed under regulation 7(1)(b) or 9(1) ;

“ safety recommendation ” means a proposal of SAIA, based on information derived from a safety investigation or other sources such as safety studies, made with the intention of preventing spaceflight accidents;

“ SAIA ” means the space accident investigation authority nominated by the Secretary of State under regulation 5 of the Spaceflight Activities (Investigation of Spaceflight Accidents) Regulations 2021;

“ security manager ” means the individual appointed under regulation 7(1)(c) , 9(3)(c) , 10(2) or 11(1)(d) ;

“ ship ” means every description of vessel whether or not used in navigation;

“ spaceflight operator ” means the holder of a launch operator licence or a return operator licence;

“ spaceflight participant ” means an individual, other than a member of the crew, who is to be carried on board a launch vehicle with the spaceflight operator’s permission;

“ spaceport licensee ” means the holder of a spaceport licence;

“ space site security programme ” means the programme specified in regulation 170(1) ;

“ stable orbit ” means an orbit where a launch vehicle—

has started to travel in an orbit of a minimum perigee of 130 kilometres taking account of any natural influences such as the forces of drag acting on that vehicle, and

is capable of continuing to travel in that orbit for at least one orbit of the earth;

“technical requirements”, except in the definition of “Aircrew Regulation” and in paragraph 11 of Schedule 1, means the requirements described in the current safety case as required by paragraph 11 of Schedule 1;

“ Technology Safeguards Agreement ” means the Agreement between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland on technology safeguards associated with United States’ participation in space launches from the United Kingdom entered into on 16th June 2020 ;

“ thermal radiation ” means energy emitted as electromagnetic radiation caused by an explosion or deflagration that can be experienced as light or heat;

“ toxic release ” means the release of a substance that is toxic to humans;

“ training manager ” means the individual appointed under regulation 9(3)(b) or 11(1)(e) ;

“ US technical data ” has the meaning given in the Technology Safeguards Agreement.

(2) For the purposes of these Regulations references to “space site” are to be treated as if they include references to a ship—

(a) from which a launch vehicle or carrier aircraft is launched or is to be launched,

(b) on which a launch vehicle, or a carrier aircraft to which the exemption referred to in regulation 15(1) does not apply, has landed or is to be landed,

(c) from which spaceflight activities are controlled or are to be controlled,

(d) from which range control services are provided or are to be provided, or

(e) from or on which one or more of the activities in sub-paragraphs (a) to (d) are carried out or are to be carried out.

(3) For the purposes of these Regulations, references to “space site” do not include references to a ship in regulation 3(c) of the Space Industry (Licence Exemption for Military Activities of Allies) Regulations 2025 from which a permitted activity is carried out or is to be carried out by an authorised person.

(4) For the purpose of paragraph (3), “ permitted activity ” and “ authorised person ” have the same meaning as in regulation 2 of the Space Industry (Licence Exemption for Military Activities of Allies) Regulations 2025.

Section 3Appointment of Civil Aviation Authority

The CAA is appointed to exercise every function conferred on the regulator by or under the Act.

Section 4Concurrent appointment for functions of issuing guidance

(1) Where the CAA is appointed to exercise functions under regulation 3 , it is appointed instead of the Secretary of State, except for exercising functions of issuing guidance conferred by section 2(4), 7(7) or 11(6).

(2) For exercising the functions of issuing guidance mentioned in paragraph (1) , the CAA is appointed as regulator concurrently with the Secretary of State.

Section 5Application of eligibility criteria

(1) The eligibility criteria in regulation 6 apply to—

(a) a licensee,

(b) any individual appointed by a spaceport licensee or an operator to undertake a role prescribed in regulation 7 , 8 , 9 or 10 , and

(c) any individual appointed by a range control licensee to undertake a role prescribed in regulation 11 .

(2) In the case of a licensee which is a body corporate or a partnership, regulation 6 applies as if references to “that person” in sub-paragraphs (a) to (f) of that regulation are to an officer of that body corporate or a partner in that partnership.

(3) For the purposes of this regulation—

“ officer ” has the meaning given in section 57(3), and

“ partner ” has the meaning given in section 58(6).

Section 6Eligibility criteria

(1) A person to whom regulation 5(1) applies will not be eligible if—

(a) that person is an undischarged bankrupt—

(i) in England and Wales or Scotland, or

(ii) in Northern Ireland,

(b) a bankruptcy restrictions order or undertaking is in force in respect of that person under—

(i) the Bankruptcy (Scotland) Act 2016 or the Insolvency Act 1986 , or

(ii) the Insolvency (Northern Ireland) Order 1989 ,

(c) a debt relief restrictions order or undertaking is in force in respect of that person under—

(i) the Insolvency Act 1986, or

(ii) the Insolvency (Northern Ireland) Order 1989,

(d) a moratorium period under a debt relief order applies in relation to that person under—

(i) the Insolvency Act 1986, or

(ii) the Insolvency (Northern Ireland) Order 1989,

(e) that person is—

(i) in Great Britain, subject to a disqualification order under section 1(1) of, or a disqualification undertaking under section 1A(1) of, the Company Director’s Disqualification Act 1986 , or

(ii) in Northern Ireland, subject to a disqualification order under Article 3(1) of, or a disqualification undertaking under Article 4(1) of, the Company Director’s Disqualification (Northern Ireland) Order 2002 , or

(f) that person has been convicted of any offence involving fraud or dishonesty, or any indictable offence, and for this purpose “ offence ” includes any act or omission which would have been an offence if it had taken place in the United Kingdom, unless—

(i) in Great Britain, that person’s conviction is spent within the meaning of the Rehabilitation of Offenders Act 1974 , or

(ii) in Northern Ireland, that person’s conviction is spent within the meaning of the Rehabilitation of Offenders (Northern Ireland) Order 1978 .

(2) For the purpose of paragraph (1)(f) , an offence is indictable if—

(a) in the case of an offence under the law of England and Wales, it is an indictable offence in England and Wales;

(b) in the case of an offence under the law of Scotland, it may be tried on indictment in Scotland;

(c) in the case of an offence under the law of Northern Ireland, it is an indictable offence in Northern Ireland.

Section 7Prescribed roles: spaceport licensees

(1) A spaceport licensee must appoint individuals to undertake, on that licensee’s behalf, the roles of—

(a) accountable manager,

(b) safety manager, and

(c) security manager .

(2) The spaceport licensee must ensure that—

(a) the accountable manager has a duty to establish and maintain an effective management system and to ensure that the spaceport licensee’s licensed activities can be financed and carried out in accordance with the provisions contained in or made under the Act and the conditions of the licence;

(b) the safety manager’s duties are—

(i) day-to-day development, administration and maintenance of an effective safety management system under regulation 163 and Schedule 4,

(ii) examination of all aspects of the spaceport licensee’s licensed activity relating to securing that its licensed activities are carried out safely in accordance with Part 10, and

(iii) monitoring those involved in the spaceport licensee’s licensed activities to ensure compliance with the spaceport licensee’s safety policies and procedures in accordance with Part 10.

(3) A spaceport licensee may appoint the same individual to undertake more than one of the roles prescribed in paragraph (1) .

Section 8Prescribed role: all operators

(1) An operator must appoint an individual to undertake, on the operator’s behalf, the role of accountable manager.

(2) The operator must ensure that the accountable manager has a duty to establish and maintain an effective management system and to ensure that the operator’s licensed activities can be financed and carried out in accordance with the provisions contained in or made under the Act and the conditions of the licence.

Section 9Prescribed roles: spaceflight operators

(1) A spaceflight operator must appoint an individual to undertake, on the spaceflight operator’s behalf, the role of safety manager.

(2) The spaceflight operator must ensure that the safety manager’s duties are—

(a) day-to-day development, administration and maintenance of an effective safety management system under regulation 85 and Schedule 4,

(b) examination of all aspects of the spaceflight operator’s activity relating to securing that its spaceflight activities are carried out safely in accordance with Part 8, and

(c) monitoring those involved in the operator’s spaceflight activities to ensure compliance with the spaceflight operator’s safety policies and procedures in accordance with Part 8.

(3) A launch operator licensee must appoint individuals to undertake, on its behalf, the roles of—

(a) launch director,

(b) training manager, and

(c) security manager.

(4) The launch operator licensee must ensure that—

(a) the launch director has the duties set out in regulation 88 , and

(b) the training manager has responsibility for the conduct and management of the spaceflight operator’s training programme in accordance with Part 7.

(5) Where a return operator licence authorises the carrying out of activities which may give rise to any issue of national security, the regulator must include a condition in that licence requiring the operator to appoint a security manager.

(6) Where paragraph (5) applies, the operator must ensure that the security manager has the duties set out in regulation 169.

(7) A spaceflight operator may—

(a) subject to paragraph (8) , appoint the same individual to undertake more than one of the roles under this regulation;

(b) appoint the same individual to undertake the role of safety manager under this regulation and accountable manager under regulation 8 .

(8) A launch operator licensee must not appoint the same individual to undertake the role of safety manager and launch director.

Section 10Additional prescribed role for operators to whom regulation 9 does not apply

(1) This regulation applies to an operator other than a spaceflight operator.

(2) Where the licence of an operator to whom this regulation applies authorises the carrying out of activities which may give rise to any issue of national security, the regulator must include a condition in that licence requiring the operator to appoint an individual to undertake the role of security manager.

(3) An operator to whom this regulation applies may appoint the same individual to undertake the role of security manager under this regulation and the role of accountable manager under regulation 8 .

Section 11Prescribed roles: range control licensees

(1) A range control licensee must appoint individuals to undertake, on that licensee’s behalf, the roles of—

(a) range safety manager,

(b) range operations manager,

(c) accountable manager,

(d) security manager, and

(e) training manager.

(2) The range control licensee must ensure that—

(a) the range safety manager’s duties are—

(i) day-to-day development, administration and maintenance of an effective safety management system under regulation 52 ,

(ii) examination of all aspects of the range control licensee’s licensed activity relating to securing that its licensed activities are carried out safely, and

(iii) monitoring those involved in the range control licensee’s activities to ensure compliance with the range control licensee’s safety policies and procedures;

(b) the range operations manager has a duty to ensure that the range control licensee’s licensed activities are properly and safely undertaken in accordance with the range control licence and requirements imposed on the range control licensee in or under the Act;

(c) the accountable manager has a duty to establish and maintain an effective management system and for ensuring that the range control licensee’s licensed activities can be financed and carried out in accordance with the provisions contained in or made under the Act and the conditions of the licence;

(d) the training manager has responsibility for the conduct and management of the range control licensee’s training programme in accordance with Part 7.

(3) A range control licensee may appoint the same individual to undertake more than one of the roles prescribed in paragraph (1).

Section 12Licensee’s duty to ensure necessary resources for individuals in prescribed roles

Where a licensee is required to appoint an individual to undertake a prescribed role under this Part, the licensee must ensure that the individuals appointed have the necessary resources and means to carry out their duties.

Section 13Duty to inform regulator of changes: individuals in prescribed roles

(1) Where there is to be a change of individual undertaking a prescribed role under this Chapter the licensee must, subject to paragraph (2) , inform the regulator in writing, and in advance of making the proposed change.

(2) Where an individual appointed to a prescribed role—

(a) dies, or

(b) is otherwise unable or unwilling to carry out or to continue to carry out that role,

the licensee must inform the regulator in writing as soon as possible.

Section 14Offence of failure to inform regulator of changes: individuals in prescribed roles

(1) It is an offence for a licensee—

(a) to fail to comply with regulation 13 , or

(b) in purported compliance with regulation 13 , to make a statement or provide information it knows to be false in a material particular, or recklessly to make such a statement or provide such information.

(2) A licensee who is guilty of an offence under paragraph (1) is liable—

(a) on summary conviction in England and Wales, to a fine;

(b) on summary conviction in Scotland or Northern Ireland, to a fine not exceeding the statutory maximum;

(c) on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both.

Section 15Operator licences: exemptions

(1) If the conditions set out in paragraphs (2) and (3) are satisfied, the requirement to hold an operator licence to carry out spaceflight activities does not apply in relation to the launch or return to earth of a carrier aircraft which is being used to transport a space object, launch vehicle or the component parts of either from one place to another.

(2) The condition in this paragraph is satisfied if the flight following the launch does not include the launch of a space object or launch vehicle.

(3) The condition in this paragraph is satisfied if—

(a) the operator of the carrier aircraft has an air operator certificate to carry out commercial air transport operations, including the transport of the items referred to in paragraph (1)—

(i) granted by a state which is a signatory to the Chicago Convention, and

(ii) accepted by the CAA, or

(b) the operator possesses any necessary approvals, authorisations or permissions for the flight—

(i) required by the State of the Operator, and

(ii) accepted by the CAA.

(4) Section 36 does not apply to any person to the extent that that person is carrying out the activities described in paragraph (1).

(5) For the purposes of this regulation—

“ air operator certificate ”, “ commercial air transport operation ” and “ State of the Operator ” have the meanings given in Chapter 1 of Annex 6 to the Chicago Convention;

“ Chicago Convention ” means the Convention on International Civil Aviation and its Annexes, signed in Chicago on 7th December 1944 , as amended.

Section 16Interpretation of this Chapter

In this Chapter “ licence ” means an operator licence, a range control licence or a spaceport licence.

Section 17Delegation of power to the regulator

(1) The regulator must specify—

(a) the form and contents of the application for a licence;

(b) information to be provided in connection with that application;

(c) the procedure for rectifying procedural irregularities in that application;

(d) time limits for the applicant doing anything required to be done in connection with that application and the procedure for extending any period so specified.

(2) The application form must require the applicant to provide details of the identity of the individuals who are to undertake the prescribed roles specified in regulations 7 to 11 .

(3) The regulator must publish the matters specified in accordance with paragraph (1) and any revisions to those matters as soon practicable after they have been specified or revised by the regulator .

Section 18How to apply for a licence

(1) An application for a licence must be—

(a) made in writing to the regulator in the specified form, and

(b) accompanied by the specified information in writing.

(2) In this regulation “ specified ” means specified by the regulator in accordance with regulation 17 .

Section 19How the regulator considers the application

(1) The powers or requirements referred to in this regulation are given or imposed for the purposes of assisting the regulator’s consideration of the application.

(2) The regulator may request the applicant in writing to—

(a) make available for inspection by a person appointed by the regulator, any site, facility, craft or equipment to be used in connection with the activities which are the subject of the application as the regulator may specify;

(b) produce for inspection any document or record in the possession or control of the applicant as the regulator may specify;

(c) make available for interview any officer or employee of the applicant or any other person acting on the applicant’s behalf as the regulator may specify.

(3) The applicant must comply with a request under paragraph (2) within such period as the regulator may reasonably require.

(4) The applicant must provide such assistance as a person appointed by the regulator to carry out an inspection pursuant to this regulation may reasonably request, such as making available relevant officers or employees of the applicant to provide any information relating to the inspection, unlocking doors, disassembling equipment or demonstrating its use.

(5) A person appointed by the regulator to carry out an inspection pursuant to this regulation may take samples, photographs and measurements when carrying out the inspection and make a record of any information obtained from the inspection.

(6) The regulator may—

(a) take copies of a document or record produced pursuant to this regulation;

(b) record an interview with a person interviewed pursuant to this regulation;

(c) subject to paragraph (7) , disclose information in the regulator’s possession, whether obtained under this regulation or otherwise, relating to an application to—

(i) the Secretary of State;

(ii) any person for the purposes of obtaining a technical assessment by that person of the activities which are the subject of the application or legal advice or information relevant to such activities;

(iii) a person acting on behalf of the country which is a party to a relevant agreement for the purposes of consulting that country about the application;

(iv) SAIA, or any other national or international body investigating spaceflight accidents for the purposes of obtaining information about any safety recommendations relevant to the activities referred to in the application;

(v) any person consulted under section 13(6) (conditions of licences) or any other person consulted about conditions to be included in the licence;

(vi) any other public authority or international organisation responsible for regulating any aspect of spaceflight activities;

(d) provide copies of documents or records in the possession of the regulator relating to an application and any recording referred to in sub-paragraph (b) to any person referred to in sub-paragraph (c) for the purposes mentioned in that sub-paragraph.

(7) US technical data may only be disclosed with the consent of the Government of the United States after consultation between the regulator, the Secretary of State and the Government of the United States.

(8) An officer of the regulator or other person acting on the regulator’s behalf may exercise the powers referred to in this regulation.

(9) In this regulation “ relevant agreement ” means an agreement between the United Kingdom and another country relating to spaceflight activities.

Section 20How the regulator determines the application

The regulator must determine the application having regard to—

(a) the information provided by the applicant in connection with the application;

(b) the information gathered by the regulator during consideration of the application;

(c) any licence condition under section 13(1) which the regulator thinks appropriate to include in the licence, if the licence is granted and the views expressed about the condition by the applicant and any other person consulted about the condition.

Section 21Preparation of the licence and informing the applicant of its grant

If the regulator grants a licence , the regulator must—

(a) prepare the licence and any conditions to be included in the licence, in writing,

(b) send that licence to the applicant, and

(c) give the applicant written reasons for including any conditions in the licence.

Section 22Informing the applicant of the refusal of a licence

If the regulator refuses an application for a licence, the regulator must—

(a) inform the applicant in writing of the decision, and

(b) give the applicant written reasons for the refusal.

Section 23Renewal of a licence

Regulations 17 to 22 and 24 apply in relation to an application for the renewal of a licence as they apply in relation to an application for a licence .

Section 24Withdrawal of an application for a licence

An applicant may withdraw an application for a licence by giving notice to the regulator at any time before the regulator determines the application.

Section 25Interpretation

In this Part—

“ applicant ” means an applicant for a launch operator licence or a return operator licence;

“ proposed range control service provider ” means a person whom the applicant proposes should provide range control services for the applicant’s proposed spaceflight activities;

“ proposed spaceport licensee ” means—

the spaceport licensee for the spaceport which the applicant proposes to use for spaceflight activities, or

if no spaceport licence has yet been granted, any person who has applied or intends to apply for a spaceport licence for that spaceport;

“ safety case ” is to be construed in accordance with regulation 29(1) .

Section 26Flight safety analysis

(1) An applicant must carry out a flight safety analysis in which the applicant—

(a) identifies the major accident hazards that could, whether or not the launch vehicle malfunctions—

(i) arise from, or cause a major accident during, the proposed spaceflight activities, or

(ii) arise from the launch vehicle, or any part of it, during the proposed spaceflight activities,

(b) completes the steps listed in regulation 28(1) for each hazard identified under sub-paragraph (a) , and

(c) estimates numerically the risk of death or serious injury arising from the hazards mentioned in sub-paragraph (a) to persons who are not human occupants.

(2) When identifying hazards under paragraph (1)(a) , the applicant must consider the hazards referred to in paragraph 18(1) of Schedule 1.

(3) In carrying out the flight safety analysis the applicant must take into account the matters listed in paragraph 18(2) of Schedule 1.

Section 27Ground safety analysis

(1) An applicant for a launch operator licence must carry out a ground safety analysis in which the applicant identifies the major accident hazards that could arise—

(a) during, or cause a major accident during, preparations for the launch from the time when the launch vehicle or its components arrive at the spaceport or other place from which the launch is to take place, or

(b) from the launch vehicle, or any part of it, or from a payload, upon or after landing, whether or not the launch vehicle malfunctions.

(2) “Preparations for the launch” in paragraph (1)(a) includes each of the following that are applicable—

(a) transporting, handling and storing of any hazardous material in relation to the launch vehicle;

(b) preparing or testing a payload that will be integrated with the launch vehicle;

(c) integration of a payload with the launch vehicle;

(d) integration of a carrier aircraft with the launch vehicle;

(e) testing of—

(i) the launch vehicle;

(ii) systems on board the launch vehicle;

(iii) ground support equipment;

(iv) other systems to be used in the proposed spaceflight activities.

(3) An applicant for a return operator licence must carry out a ground safety analysis that identifies the major accident hazards that could arise from the launch vehicle, or any part of it, upon or after landing, whether or not the launch vehicle malfunctions.

(4) In the ground safety analysis, the applicant must complete the steps listed in regulation 28(1) for each hazard identified under paragraph (1) or (3) .

(5) When identifying hazards under paragraph (1) or (3) , the applicant must consider the hazards referred to in paragraph 19 of Schedule 1.

(6) In carrying out the ground safety analysis the applicant must take into account any existing legal requirements relevant to safety.

Section 28Steps to be taken for each identified hazard

(1) The steps mentioned in regulations 26(1)(b) and 27(4) which the applicant must complete for each major accident hazard identified are to—

(a) identify the conditions under which it could occur;

(b) identify what could cause it or contribute to it;

(c) assess the likelihood of it arising;

(d) assess its foreseeable consequences;

(e) use the assessments required by sub-paragraphs (c) and (d) to evaluate the risk of a major accident;

(f) define any appropriate measures to take to—

(i) prevent a major accident from occurring, and

(ii) mitigate the consequences if a major accident does occur.

(2) An applicant must—

(a) define appropriate performance standards for the measures mentioned in paragraph (1)(f) ;

(b) decide what mechanisms to use for reviewing—

(i) the flight safety analysis required by regulation 26(1) ,

(ii) the ground safety analysis required by regulation 27 , and

(iii) the measures mentioned in paragraph (1)(f) .

(3) An applicant must produce a safety operations manual that fulfils the requirements of regulation 90 and Schedule 5.

(4) When producing the safety operations manual, the applicant must—

(a) take into account the outcomes of the steps taken under paragraph (1) ;

(b) consult any proposed spaceport licensee;

(c) consult any proposed range control service provider.

Section 29Contents of the safety case

(1) On making an application for a launch operator licence or a return operator licence, an applicant must give the regulator a safety case that includes—

(a) the information about the applicant and the applicant’s proposed spaceflight activities listed in paragraphs 1 to 10 of Schedule 1;

(b) the technical particulars listed in paragraphs 11 to 17 of Schedule 1;

(c) the outcomes of each of the steps taken as part of the flight safety analysis required by regulation 26(1) ;

(d) the outcomes of each of the steps taken as part of the ground safety analysis required by regulation 27 ;

(e) any measures that the applicant considered but does not intend to implement to prevent, or to control or mitigate the consequences of, an identified hazard, and an explanation of why it was not reasonably practicable to implement those measures;

(f) a description of any consultation with, or involvement in the preparation of the safety case of—

(i) representatives of the applicant’s workforce;

(ii) a proposed spaceport licensee;

(iii) proposed range control service providers.

(2) If the applicant revises the safety case after giving it to the regulator, the applicant must give the regulator the revised safety case without delay.

Section 30Applicant to provide safety operations manual to regulator

(1) On making an application for a launch operator licence or a return operator licence, an applicant must give the regulator a copy of the safety operations manual required by regulation 28(3) .

(2) If the applicant revises the safety operations manual after giving it to the regulator, the applicant must give the regulator the revised safety operations manual without delay.

Section 31Prescribed roles

For the purposes of section 9(2), “crew member” is a prescribed role and “spaceflight participant” is a prescribed capacity.

Section 32Prescribed requirements for risk assessment

(1) In carrying out the risk assessment required by section 9(2) for human occupants, an applicant must identify hazards that could harm the health or safety of human occupants, at any time, by—

(a) causing an accident during the relevant time, or

(b) arising during the relevant time.

(2) In particular, the applicant must comply with Schedule 2.

(3) For each hazard identified an applicant must—

(a) identify the conditions under which it could occur;

(b) identify what could cause it or contribute to it;

(c) assess the likelihood of it arising;

(d) assess its foreseeable consequences;

(e) use the assessments required by sub-paragraphs (c) and (d) to evaluate the risks to the health and safety of human occupants;

(f) define any appropriate measures to take to—

(i) prevent it from occurring, and

(ii) mitigate its consequences if it does occur.

(4) For the measures defined under paragraph (3)(f) , an applicant must—

(a) define appropriate performance standards;

(b) decide what mechanisms to use for reviewing those measures.

(5) When considering measures under paragraph (3)(f) , an applicant must take into account—

(a) training to be provided to human occupants;

(b) medical requirements for human occupants;

(c) the technical requirements of the launch vehicle.

(6) In this regulation “the relevant time” for a human occupant starts when the human occupant boards the launch vehicle for the purpose of being carried on it during the proposed spaceflight activities and ends when all human occupants have disembarked.

Section 33Information to be provided to regulator about risk assessment

(1) On making an application for a licence that would authorise spaceflight activities involving human occupants, an applicant must submit to the regulator—

(a) evidence that the applicant will, if granted the licence, be able to meet the requirements of any of regulations 106 to 123 that will apply, and

(b) a written record of the risk assessment carried out under section 9(2).

(2) The written record must also set out any measures that the applicant considered under regulation 32(3)(f) but does not intend to implement, with an explanation of why the applicant decided not to implement those measures.

(3) The regulator may request that an applicant who has carried out a risk assessment under section 9(2) provide the regulator with details of the risk assessment in an easily understandable form, and an applicant must comply with such a request within a period specified in writing by the regulator.

(4) The easily understandable form of the details of the risk assessment must set out in writing the outcome of each of the steps the applicant has taken under regulation 32(1) to (3) .

(5) If an applicant revises a risk assessment after providing a written record of the risk assessment to the regulator, the applicant must, without delay, give the regulator—

(a) a written record of the revised risk assessment, and

(b) the details of the updated risk assessment in an easily understandable form.

Section 34Interpretation

In this Part—

“ actual vehicle ” means a launch vehicle or carrier aircraft in respect of which there is an operator applicant;

“ applicant ” means an applicant for a spaceport licence;

“ licensed activities ” means the activities that a person is authorised to carry out by virtue of a spaceport licence;

“ operator applicant ” means a person who is applying, has applied or intends to apply for a launch operator licence or a return operator licence to authorise spaceflight activities at the proposed spaceport;

“ the proposed spaceport ” means the site in respect of which an application for a spaceport licence is being, or has been, made;

“ representative vehicle ” means a launch vehicle or a carrier aircraft of the type that the applicant considers most likely to be used to carry out spaceflight activities at the proposed spaceport;

“ safety case ” is to be construed in accordance with regulation 36 ;

“ safety clear zone ” means an area which will be subject to restrictions, exclusions and warnings during the carrying out of hazardous pre-flight and post-flight operations;

“ siting assessment ” means an assessment carried out under regulation 38 .

Section 35Grant of a spaceport licence: prescribed criteria for horizontal spaceports

(1) Where the proposed spaceport is a horizontal spaceport, the proposed spaceport must be located at an aerodrome which is—

(a) either—

(i) certified, or

(ii) CAA licensed, and

(b) NASP directed.

(2) For the purposes of this regulation “ NASP directed ” in relation to an aerodrome means an aerodrome which is subject to the direction of the Secretary of State under sections 12, 13, 13A, 14 and 15 of the Aviation Security Act 1982 .

Section 36Grant of a spaceport licence: safety case requirement

(1) An applicant must carry out a safety case which, unless the circumstances in paragraph (2) apply, meets the requirements in paragraphs (3) to (7) .

(2) The circumstances referred to in paragraph (1) are that the applicant’s application is not based on an actual vehicle.

(3) The applicant’s safety case must take into account—

(a) the interests of any operator applicant,

(b) the interests of any other known user of the proposed spaceport site, and

(c) if the proposed spaceport is a horizontal spaceport—

(i) the interests of the aerodrome licence holder, and

(ii) the interests of any other aerodrome user.

(4) The applicant’s safety case must as a minimum contain the following information—

(a) a description of the proposed spaceport, including a description of—

(i) the licensed activities proposed to be conducted at that spaceport,

(ii) the spaceflight activities proposed to be conducted at that spaceport, and

(iii) the activities of any other known spaceport user;

(b) if the proposed spaceport is a horizontal spaceport, a description of the aerodrome;

(c) a description of the vicinity of the proposed spaceport, including identification of any areas, developments or features which could affect the assessment of risks or hazards or the mitigation measures to be applied in the event of an emergency occurring at the spaceport;

(d) a plan of the proposed spaceport identifying and showing the proposed location of—

(i) any known spaceport infrastructure including runways, taxiways, launch pads, test stands and launch vehicle parking areas,

(ii) any proposed physical barrier under regulation 172(2) ,

(iii) any proposed installations including maintenance facilities, integration facilities, hangars or any other buildings,

(iv) any proposed hazardous material storage facilities to be designated under regulation 158 , including, if known, the types and maximum quantities to be stored at each hazardous material storage facility,

(v) any proposed area or buildings for handling or venting of any hazardous material, and

(vi) any proposed static engine or other test areas;

(e) a description of any spaceflight activities which the applicant believes likely to be carried out from the spaceport, including a description of any carrier aircraft or launch vehicle to be launched and any payload to be carried by such an aircraft or vehicle if the spaceport licence is granted, including—

(i) any associated infrastructure requirements;

(ii) any associated operational requirements, such as integration facilities and hangars;

(iii) any operating characteristics which may affect licensed activities;

(iv) any rescue and firefighting requirements;

(v) any hazardous material to be used by a carrier aircraft, launch vehicle or payload, or to be stored at the spaceport.

(5) The applicant’s safety case must include, in relation to the operations and activities listed in paragraph (6)—

(a) identification of each major accident hazard that could arise during the operation or activity,

(b) an assessment of the likelihood of it arising and of the severity of the consequences if it does occur, and

(c) a description of the prevention and mitigation measures that will be applied to ensure that the risks identified are as low as reasonably practicable.

(6) The operations and activities to which paragraph (5) refers are—

(a) the transporting, handling and storing of any hazardous material at the spaceport,

(b) the integration of a payload with a launch vehicle at the spaceport,

(c) the integration of a carrier aircraft with a launch vehicle at the spaceport,

(d) any testing of a type described in regulation 161 (requirement to designate appropriate area for static engine etc. testing) at the spaceport, and

(e) any other proposed licensed activities or spaceflight activities which may give rise to a major accident hazard.

(7) Taking into account the findings of the assessment required under paragraph (5) , the applicant’s safety case must, except where regulation 37(2) applies—

(a) identify that a safety clear zone is required,

(b) define the area that will comprise the safety clear zone,

(c) stipulate the times that the safety clear zone will be in place,

(d) set out the measures the applicant will take to ensure that a safety clear zone is put in place and is monitored, and

(e) set out the arrangements the applicant will have in place to ensure that no person, other than a person permitted to be present under regulation 157(3)(d) , is inside a safety clear zone.

(8) Where the circumstances in paragraph (2) apply, the applicant’s safety case must—

(a) be based on the representative vehicle,

(b) take into account the matters listed in paragraph (3) , as far as these are known to the applicant,

(c) contain as much of the information set out in paragraph (4) as is known to the applicant,

(d) include an assessment that meets, as far as possible, the requirements of paragraph (5) , and

(e) take into account the assessment carried out under sub-paragraph (d) , and unless regulation 37(2) applies, as far as possible satisfy the requirements in paragraph (7) .

(9) In this regulation “ aerodrome licence holder ” means the holder of the CAA licence or aerodrome certificate for the aerodrome at which the proposed horizontal spaceport is to be located in accordance with regulation 35(1) .

Section 37Grant of a spaceport licence: safety clear zone requirement

(1) An applicant must, unless paragraph (2) applies, show that it will be able to put in place an appropriate safety clear zone to ensure that the risk to any person from blast overpressure, fragmentation debris, thermal radiation or toxic release will be as low as reasonably practicable during any hazardous pre-flight and post-flight operations.

(2) Paragraph (1) does not apply if the safety case demonstrates that a safety clear zone will not be required for the hazardous pre-flight or post-flight operations.

(3) For the purposes of paragraph (1), an appropriate safety clear zone is one that is determined by the assessment made in the applicant’s safety case under regulation 36(7) .

Section 38Grant of a spaceport licence: siting assessment requirement

(1) An applicant must conduct a siting assessment that meets the requirements in this regulation.

(2) The applicant’s siting assessment must—

(a) relate to the site of the proposed spaceport,

(b) subject to paragraph (4) , be based on the actual launch vehicle or vehicles, and

(c) result in a numerical estimate of the annualised risk of death or serious injury to members of the public posed by the spaceflight activities proposed.

(3) The level of risk determined under paragraph (2)(c) must be acceptable to the regulator.

(4) Where the applicant’s application is not based on an actual vehicle, the applicant’s siting assessment must be based on the representative vehicle.

Section 39“Members of the public”: prescribed meaning under section 2(7) for the purpose of section 10(a) (grant of a spaceport licence)

“Members of the public” for the purpose of the reference to “public safety” in section 10(a) does not include any person who is—

(a) listed in regulation 40 , and

(b) voluntarily in close proximity to a source of danger at a spaceport.

Section 40Persons who are not members of the public

(1) The persons referred to in regulation 39 are—

(a) an appointee, employee or agent of a licensee;

(b) a member of the crew who has consented to accept the risks involved in the operator’s spaceflight activities in accordance with section 17 (informed consent);

(c) a spaceflight participant who has consented to accept the risks involved in the operator’s spaceflight activities in accordance with section 17;

(d) an individual not falling within sub-paragraphs (a) to (c) who is taking part in the operator’s spaceflight activities;

(e) an officer or partner of a licensee;

(f) an individual who is at a spaceport at the invitation of a licensee;

(g) an employee or an individual acting on behalf of the regulator or with the regulator’s authority;

(h) an employee or an individual acting on behalf of the government of another country in connection with spaceflight activities;

(i) an employee of the emergency services;

(j) an employee of SAIA;

(k) compliance authority personnel;

(l) an employee of a qualifying health and safety authority;

(m) a member of the armed forces of the Crown.

(2) For the purposes of paragraph (1) —

“ compliance authority personnel ” includes the following individuals—

an individual appointed as an Inspector of Spaceflight Accidents under regulation 6(1) of the Spaceflight Activities (Investigation of Spaceflight Accidents) Regulations 2021 ;

CAA inspectors and auditors;

inspectors of the Department for Environment, Food and Rural Affairs and its agencies;

an air traffic controller;

an employee of the National Crime Agency ;

an employee of an intelligence service;

a constable;

“officer” in paragraph (1)(e) has the meaning given in section 57(3);

“partner” in paragraph (1)(e) has the meaning given in section 58(6).

Section 41Interpretation

In this Part—

“ communication network ” means a set of individuals connected to each other by real time communicative interaction;

“ current safety case ” has the meaning given in regulation 78(1) ;

“ designated place ” means—

a place other than a site at which the operator’s spaceflight activities are to be carried out, or

where the operator’s spaceflight activities include a controlled and planned landing of a launch vehicle or a planned but uncontrolled landing of such a vehicle at a place other than a site, that place;

“ designated site ” means—

a spaceport at which the operator’s spaceflight activities are to be carried out, or

where the operator’s spaceflight activities include a controlled and planned landing of a launch vehicle or a planned but uncontrolled landing of such a vehicle at a site other than a spaceport, that site;

“ exclusion zone ” has the meaning given in regulation 47(4)(a) ;

“ hazard area ” has the meaning given in regulation 47(1) ;

“ land ” means land situated in the United Kingdom;

“ licence ” means a range control licence ;

“ licensee ” means the holder of a range control licence;

“ the licensee’s range control services ” means the particular range control services that are authorised by the licence held by the licensee;

“ monitoring functions ” means surveillance activities conducted in respect of the designated range, and references to “monitoring” are to be construed accordingly;

“ relevant agreement ” has the meaning given in regulation 43 ;

“ relevant authorities ” has the meaning given in regulation 44 ;

“ restricted zone ” has the meaning given in regulation 47(4)(b) ;

“ warning zone ” has the meaning given in regulation 47(4)(c) .

Section 42The licensee’s organisation and management

(1) The matters which the licensee must ensure are in place to provide the licensee’s range control services in support of the operator’s spaceflight activities include—

(a) the equipment, financial and technical resources necessary to provide those range control services and do any other matter authorised by the licence;

(b) where the licensee’s range control services consist of or include the management of the designated range, the capability to ensure that the licensee is able to exercise effective control over each zone comprised in the designated range prior to and during the operator’s spaceflight activities, including co-ordinating operations with the spaceflight operator and the relevant authorities;

(c) where the licensee’s range control services consist of or include the issue of notifications in connection with monitoring the designated range, the capability to issue notifications or ensure that such notifications are issued by the relevant authorities;

(d) where the licensee’s range control services consist of or include the identification of the designated range, the technical capability to identify a range taking account of the operator’s spaceflight activities and the characteristics of the designated site or place;

(e) where the licensee’s range control services consist of or include the tracking of the launch vehicle, the technical capability—

(i) where the operator’s spaceflight activities are authorised by a launch operator licence, to track the position of the launch vehicle from launch to the point at which the licensee’s responsibility for tracking the launch vehicle ceases, as provided in the current safety case for the operator’s spaceflight activities;

(ii) where the operator’s spaceflight activities are authorised by a return operator licence, to track the position of the launch vehicle until that vehicle lands in the United Kingdom, as provided in the current safety case for the operator’s spaceflight activities;

(f) where the licensee’s range control services consist of or include monitoring functions, the technical ability to conduct surveillance of the designated range in order to detect the position and speed of objects, including ships and aircraft, entering the designated range prior to and during the operator’s spaceflight activities;

(g) sufficient suitably qualified and experienced employees or agents to do the things authorised by the licence and an appropriate management structure;

(h) effective communication networks to enable all parties involved in the provision of the licensee’s range control services to communicate with each other and with persons involved in the operator’s spaceflight activities during the provision of the licensee’s range control services;

(i) facilities or infrastructure;

(j) the capability to comply with—

(i) all relevant requirements under any enactment relating to the provision of the licensee’s range control services including health and safety requirements, and

(ii) any requirement contained in a condition subject to which the licence is granted.

(2) In paragraph (1)(i) “facilities or infrastructure” include facilities or infrastructure relating to communications, the collection and retention of information and data, and access to a supply of electrical power and other utilities.

(3) The licensee must ensure that the supply of electrical power and other utilities referred to in paragraph (2) is provided and maintained so as to ensure that the provision of the licensee’s range control services is not interrupted or compromised prior to or during the operator’s spaceflight activities.

Section 43Relevant agreements

(1) Where the licensee’s range control services consist of or include monitoring the designated range, before commencing those services, the licensee must enter into an agreement in writing (a “relevant agreement”) with the following persons (each a “relevant authority”)—

(a) the person specified in regulation 44(a) , and

(b) where United Kingdom territorial waters fall within the designated range, each of the persons specified in regulation 44(b) and (c)

and provide a copy of such agreement to the regulator.

(2) A relevant agreement must—

(a) relate to the provision of the licensee’s range control services in respect of the operator’s spaceflight activities at the designated site or place;

(b) set out the terms under which the licensee will co-operate with the relevant authority to ensure the effective and safe operation of the range prior to and during the operator’s spaceflight activities including—

(i) the information which the licensee must provide to the relevant authority in order for the relevant authority to fulfil its function of issuing notifications to third party air users and mariners;

(ii) the time period within which and the format in which such information must be provided;

(iii) the procedures for communication between the parties to the relevant agreement.

(3) The licensee must review the relevant agreement on an annual basis to determine whether, having regard to its operation over the preceding period of 12 months, any amendment is appropriate or necessary and the first review must take place on the first anniversary (with subsequent reviews taking place on each subsequent anniversary) of the date of the relevant agreement.

(4) If, following such review, the licensee considers that an amendment to the agreement is appropriate or necessary, it must take all reasonable steps to agree an amendment to the relevant agreement with the relevant authority which it considers reasonably necessary to address matters arising out of the review.

(5) The licensee must not terminate or enter into any amendment to a relevant agreement unless it has notified the regulator and obtained the regulator’s prior written approval to such termination or amendment.

(6) If a relevant agreement is terminated by a party other than the licensee (a “terminated agreement”), the licensee must, without delay, notify the regulator and take steps to enter into an agreement in place of the terminated agreement (a “replacement agreement”) and the provisions of this regulation apply to the replacement agreement as they applied to the terminated agreement.

Section 44Relevant authorities

The relevant authorities are—

(a) the appropriate air navigation service provider for aircraft flying in the volume of airspace falling within the designated range;

(b) Her Majesty’s Coastguard or such other appropriate management organisation having responsibility for the United Kingdom territorial waters, if any, falling within the designated range;

(c) the United Kingdom Hydrographic Office .

Section 45Communication with relevant authorities

(1) The licensee must establish and maintain appropriate means of communication with the relevant authorities to enable—

(a) the parties to the relevant agreements to co-ordinate the monitoring of the movements of third party air users and mariners which might pose a hazard to the operator’s spaceflight activities or to which the operator’s spaceflight activities might pose a hazard;

(b) warnings to be issued to third party air users and mariners or other action to be taken with a view to avoiding or mitigating any loss or damage which may otherwise be caused—

(i) to the operator’s spaceflight activities by such third parties’ actions, or

(ii) to such third parties resulting from the operator’s spaceflight activities.

(2) The licensee must ensure that the means of communication which it has established with the relevant authority referred to in regulation 44(a) is a communication network which permits real time contact between their respective personnel during the operator’s spaceflight activities.

Section 46Identification of the designated range

(1) Where the licensee’s range control services consist of or include identifying an appropriate range for the operator’s spaceflight activities, prior to the commencement of the operator’s spaceflight activities, the licensee must—

(a) identify an appropriate range for the operator’s spaceflight activities, taking into account the matters referred to in paragraph (2), and

(b) provide details of the range set out in paragraph (3) to the persons mentioned in paragraph (4).

(2) The matters to be taken into account under paragraph (1)(a) include—

(a) the characteristics of the launch vehicle;

(b) the planned trajectory of the launch vehicle;

(c) the capabilities of the equipment to be used by the licensee in the provision of the licensee’s range control services;

(d) relevant environmental and meteorological conditions which will apply prior to and during the launch, flight or a controlled and planned landing or a planned but uncontrolled landing, as the case may be, of the launch vehicle including the information provided by the spaceflight operator referred to in regulation 97(2) ;

(e) areas of population and activities regularly conducted by individuals not involved in the operator’s spaceflight activities—

(i) at or in the vicinity of the designated site or place, or

(ii) in any other area in respect of which the operator’s spaceflight activities may pose a risk to the health, safety or property of such areas of population or individuals.

(3) The licensee must, utilising meteorological, chronological and other relevant measurement systems, accurately identify—

(a) the locations of the designated site or place, the mission management facility or ground control at a spaceport or other place, and of any relevant equipment to be used in the provision of the licensee’s range control services during the operator’s spaceflight activities;

(b) the dimensions of—

(i) any area of land,

(ii) any area of sea, and

(iii) the volume of airspace,

falling within the designated range;

(c) the outer boundaries of the designated range, being the estimated location at which the launch vehicle, or any part or debris from it, may land following the activation of the flight safety system relating to the operator’s spaceflight activities;

(d) the inner boundaries of the designated range, being the activation points for the flight safety system as provided by the spaceflight operator’s current safety case.

(4) The licensee must provide written details of the designated range without delay to—

(a) the regulator,

(b) the spaceflight operator, and

(c) the spaceport licensee authorised to operate the spaceport at the designated site.

Section 47Identification of hazard areas

(1) This regulation applies where the licensee’s range control services consist of or include identifying a volume of airspace or an area or areas of land or sea falling within the designated range (a “hazard area”) which require to be made subject to restrictions, exclusions or warnings for keeping the area clear at relevant times of—

(a) persons or things that might pose a hazard to the operator’s spaceflight activities, and

(b) persons or things to which the operator’s spaceflight activities might pose a hazard.

(2) Prior to the commencement of the operator’s spaceflight activities, the licensee must identify the dimensions, location and boundary of each hazard area and must promulgate—

(a) which part or parts of the hazard area should be designated—

(i) an exclusion zone,

(ii) a restricted zone, and

(iii) a warning zone, and

(b) the time periods within which such zones should be operative.

(3) The licensee must communicate the information in paragraph (2), in relation to each hazard area, without delay to—

(a) the regulator,

(b) the spaceflight operator,

(c) the spaceport licensee authorised to operate the spaceport at the designated site, and

(d) the relevant authorities.

(4) In paragraph (2)—

(a) an “exclusion zone” is part of a hazard area to which entry by any vehicle, ship, aircraft, or other craft, individual or domestic animal is excluded;

(b) a “restricted zone” is part of a hazard area to which entry is restricted to authorised individuals whose presence is necessary for the carrying out of spaceflight activities or for the performance of duties in connection with such activities;

(c) a “warning zone” is part of a hazard area to which entry is not restricted but which is subject to a requirement to provide a warning notice in accordance with regulation 51 .

Section 48Monitoring of a hazard area

Where the licensee’s range control services consist of or include monitoring a hazard area, the licensee must ensure that—

(a) appropriate measures are taken to protect an exclusion zone or restricted zone from unauthorised entry during time periods within which the zones are operative, and

(b) a warning notice has been issued in respect of a warning zone in accordance with regulation 51 .

Section 49Requirement to notify persons

(1) Where the licensee’s range control services consist of or include the issue of notifications in connection with monitoring the designated range, the licensee must notify the persons listed in paragraph (2) of certain information relating to the operator’s spaceflight activities in accordance with regulation 50 .

(2) The persons referred to in paragraph (1) are—

(a) the local authority in whose administrative area any area of land comprised in the designated range is situated, whether wholly or partially;

(b) the emergency services which are relevant to the location of the designated site or place;

(c) the regulator;

(d) every owner, lessee or occupier of any part of the land falling within the designated range;

(e) any other person or organisation specified in a condition subject to which the licence is granted which the regulator considers should be notified of spaceflight activities taking place within the designated range.

(3) In this regulation “ owner ” has the meaning given in section 56 of the Civil Aviation Act 1982 .

Section 50Notification requirements

(1) This regulation applies to the provision of a notification referred to in regulation 49 .

(2) Where the notification is to be provided to a local authority, the emergency services or the regulator, the notification must be provided—

(a) within such period prior to the commencement of the operator’s spaceflight activities,

(b) containing such data and information, and

(c) in such form and manner,

as the recipient may require.

(3) Where the notification is to be provided to an owner, lessee or occupier of land, the notification must—

(a) be provided at any time not later than 4 weeks prior to the proposed date of commencement of the operator’s spaceflight activities,

(b) contain such information regarding the nature and timing of the operator’s spaceflight activities as is reasonably necessary to ensure that the owner, lessee or occupier of land does not pose a hazard to the operator’s spaceflight activities and the operator’s spaceflight activities do not pose a hazard to the owner, lessee or occupier of land, and

(c) be in writing and sent to the owner, lessee or occupier of the land.

(4) If it is not practicable, after reasonable enquiry, to ascertain the name or address of any owner, lessee or occupier of land to whom notification must be provided, the notification may be provided by addressing it to them by the description of “owner”, “lessee” or “occupier” of the land, with a description of the land to which the notification relates and, if there are premises situated on the land, by delivering it to some person on the premises or, if there is no person on the premises to whom it can be delivered or there are no premises, by affixing it, or a copy of it, to some conspicuous part of the premises or land (as the case may be).

(5) Where the notification is to be provided to a person or organisation referred to in regulation 49(2)(e) , the notification must be provided in accordance with any terms of the condition subject to which the licence has been granted.

423 sections

Cite this legislation

The Space Industry Regulations 2021 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/uksi-2021-792

Contains public sector information licensed under the Open Government Licence v3.0.

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本頁資料來源:legislation.gov.uk (The National Archives)·整理提供:法律人 LawPlayer· lawplayer.com