Search Legislation

Space Industry Act 2018

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 35

 Help about opening options

Changes to legislation:

Space Industry Act 2018, Section 35 is up to date with all changes known to be in force on or before 05 November 2024. 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. Help about Changes to Legislation

35Power or duty of Secretary of State to indemnifyU.K.

This section has no associated Explanatory Notes

(1)Subsections (2) and (3) apply where—

(a)injury or damage is sustained by a person as a result of spaceflight activities carried out by the holder of an operator licence (“the licensee”),

(b)that person is not an individual of a prescribed description taking part in, or otherwise engaged in connection with, those activities, and

(c)the licensee is liable to that or some other person (“the claimant”) in respect of the injury or damage.

(2)If the liability amount exceeds the insurance amount, the Secretary of State may indemnify the licensee in respect of the difference.

In this subsection—

(a)the liability amount” means the amount of the licensee's liability (as limited by or under regulations made under section 34(5), if it is so limited);

(b)the insurance amount” means the amount for which the licensee is insured in respect of that liability (or, if a condition imposed by virtue of paragraph 35(a) of Schedule 1 requires the licensee to be insured for a greater amount in respect of it, that greater amount).

(3)The Secretary of State must indemnify the claimant in respect of any difference between—

(a)the amount of the licensee's liability as limited by or under regulations made under section 34(5), and

(b)what the amount of that liability would be but for the regulations.

(4)The Secretary of State is entitled—

(a)to participate in legal proceedings concerning a liability in relation to which a power under subsection (2) or duty under subsection (3) might arise, or

(b)to direct the conduct of the case of a person alleged to be liable in such proceedings.

(5)Regulations may—

(a)prescribe limits on the amounts that the Secretary of State may or must pay under subsection (2) or (3);

(b)prescribe cases or circumstances in which the Secretary of State's power under subsection (2) or duty under subsection (3) does not arise;

(c)make provision supplementing subsection (4).

Commencement Information

I1S. 35 in force at 29.7.2021 by S.I. 2021/817, reg. 2, Sch. para. 63 (with reg. 3)

I2S. 35(1)(b) in force at 26.11.2018 for specified purposes by S.I. 2018/1224, reg. 2(mm)

I3S. 35(5) in force at 26.11.2018 by S.I. 2018/1224, reg. 2(nn)

Back to top

Options/Help

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?