Space Industry Act 2018

28 Power to give directions: safety, security etc

(1) The regulator may give to a regulated person whatever directions the regulator considers to be necessary or expedient in the interests of health or safety.

(2) The Secretary of State may give to the regulator (if the regulator is not the Secretary of State) a direction requiring the regulator (according to the circumstances of the case) to do, or not to do, a particular thing specified in the direction, if the Secretary of State considers it necessary or expedient to give the direction in the interests of—

(a) health or safety,

(b) spaceflight security,

(c) national security, or

(d) relations with a country or territory outside the United Kingdom.

(3) The Secretary of State may give to a regulated person, or to particular kinds of regulated person or regulated persons generally, whatever directions of a general character the Secretary of State considers to be necessary or expedient in the interests of—

(a) health or safety,

(b) spaceflight security,

(c) national security, or

(d) relations with a country or territory outside the United Kingdom.

(4) The Secretary of State may give to a regulated person a direction requiring the person (according to the circumstances of the case) to do, or not to do, a particular thing specified in the direction, if the Secretary of State considers it necessary or expedient to give the direction in the interests of—

(a) health or safety,

(b) spaceflight security,

(c) national security, or

(d) relations with a country or territory outside the United Kingdom.

(5) Before giving a direction under subsection (4) requiring a person to revoke or vary a byelaw under section 24, the Secretary of State must consult the person by whom the byelaw was made.

(6) In this section “spaceflight security” means—

(a) the protection of spacecraft and space sites, and of persons or property on board spacecraft and at space sites, against acts of violence;

(b) the protection of spaceflight activities against acts of unlawful interference that jeopardise the security of those activities.

(7) In subsection (6)(a) “act of violence” means an act (whether actual or potential, and whether done or to be done in the United Kingdom or elsewhere)—

(a) that is done in Great Britain and constitutes a relevant offence, or

(b) that would constitute a relevant offence if done in Great Britain.

A “relevant offence” is an offence of murder, attempted murder, manslaughter, culpable homicide or assault, or an offence under section 18, 20, 21, 22, 23, 24, 28 or 29 of the Offences against the Person Act 1861, under section 2 of the Explosive Substances Act 1883 or under section 1 of the Criminal Damage Act 1971 or, in Scotland, an offence of malicious mischief.

(8) In this Act “regulated person” means—

(a) the holder of a licence under this Act, or

(b) a person who would be required to hold a licence under this Act but for section 4 or section 7(4).