Liabilities, indemnities and insurance
37Regulator etc not liable in respect of spaceflight-related actions
I11
A person or body to whom this section applies is not liable (whether in negligence, for breach of statutory duty or on any other basis) to any person—
a
for taking or failing to take any relevant actions, or
b
for the way in which the person or body takes any relevant actions.
I12
This section applies to—
a
the Secretary of State;
b
the regulator (if the regulator is not the Secretary of State);
c
the CAA (if not an appointed person);
d
the Health and Safety Executive;
e
the Health and Safety Executive for Northern Ireland;
f
the Office for Nuclear Regulation;
g
a body or person prescribed under section 21(2);
h
a public authority with whom arrangements are made under section 64.
I23
In subsection (1) “relevant actions” means actions in relation to, or in connection with, spaceflight activities or activities associated with spaceflight activities.
I14
This section does not apply to liability in respect of wilful misconduct or gross negligence.
I25
For the purposes of subsection (4) there is “gross negligence” on the part of a person or body if—
a
the person or body is in breach of a duty of care owed under the law of negligence, and
b
the conduct constituting that breach falls far below what can reasonably be expected of the person or body in the circumstances.