Space Industry Act 2018

32 Warrants authorising entry or direct action U.K.

(1) A justice of the peace may issue an enforcement warrant if satisfied by information on oath that—

(a) there are reasonable grounds for believing that a person is carrying out spaceflight activities, operating a spaceport or providing range control services—

(i) without an authorisation required by this Act, or

(ii) in contravention of the conditions of a licence under this Act, or

(iii) in contravention of any provisions contained in or made under this Act,

(b) a direction has been given under section 27, and

(c) there are reasonable grounds for believing that the direction has not been complied with, or that a refusal to comply with such a direction is likely.

(2) A justice of the peace may also issue an enforcement warrant if satisfied by information on oath that—

(a) a direction has been given under section 28, and

(b) there are reasonable grounds for believing that the direction has not been complied with, or that a refusal to comply with such a direction is likely.

(3) A justice of the peace may also issue an enforcement warrant if satisfied by information on oath that—

(a) the regulator needs access to premises in order to do anything that the regulator or an inspector is permitted to do under—

(i) regulations made under section 26, or

(ii) a condition of a licence under this Act, and

(b) the holder of the licence is refusing to allow the regulator that access.

(4) An enforcement warrant is a warrant authorising a named person to do anything necessary—

(a) to secure the health or safety of persons;

(b) to secure compliance with the international obligations of the United Kingdom;

(c) to secure compliance with the conditions of a licence under this Act;

(d) to secure compliance with any provisions contained in or made under this Act.

(5) An enforcement warrant must specify the action authorised.

(6) An enforcement warrant may authorise entry on to specified premises at any reasonable hour and on production, if so required, of the warrant.

(7) The powers conferred by an enforcement warrant include—

(a) power for the named person to take with him or her any person authorised by the Secretary of State or, if the named person has reasonable cause to believe that he or she is likely to be obstructed, a constable;

(b) power to use reasonable force, if necessary.

(8) An enforcement warrant remains in force for a period of one month from the date of its issue.

(9) It is an offence intentionally to obstruct a person in the exercise of powers conferred by an enforcement warrant.

(10) In the application of this section to Scotland—

(a) a reference to a justice of the peace is to be read as a reference to a sheriff or summary sheriff;

(b) a reference to information is to be read as a reference to evidence.

(11) In the application of this section to Northern Ireland—

(a) a reference to a justice of the peace is to be read as a reference to a lay magistrate;

(b) a reference to information is to be read as a reference to a complaint.

Commencement Information

I1 S. 32(1)-(8) in force at 29.7.2021 by S.I. 2021/817, reg. 2, Sch. para. 55 (with reg. 3)

I2 S. 32(9) in force at 29.7.2021 by S.I. 2021/817, reg. 2, Sch. para. 56 (with reg. 3)

I3 S. 32(10) in force at 29.7.2021 by S.I. 2021/817, reg. 2, Sch. para. 57 (with reg. 3)

I4 S. 32(11) in force at 29.7.2021 by S.I. 2021/817, reg. 2, Sch. para. 58 (with reg. 3)