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PART 14Monitoring and enforcement

CHAPTER 2Obligation to provide information to the regulator

Persons to whom obligation applies

227.  This Chapter applies to a person who—

(a)carries out spaceflight activities,

(b)operates a spaceport,

(c)occupies land forming part of a spaceport or is allowed access to such land for the purposes of the activities of a business carried on by the person,

(d)provides range control services under a range control licence, or

(e)carries out associated activities.

Information notices

228.—(1) The regulator may serve a notice on a person specified in regulation 227 requiring the provision of any information it thinks necessary for the purposes set out in section 26(2).

(2) A notice requiring the provision of information under this Chapter is referred to as an “information notice”.

(3) The regulator may specify in the information notice that the information is to be provided by any means it thinks necessary, including a written response or an oral interview.

(4) Where information is provided orally, the regulator may record that information in any manner which in the regulator’s view is appropriate.

(5) The notice must specify a period within which the person must provide the information specified.

(6) An information notice may require the creation of documents, or documents of a description, specified in the notice.

(7) A requirement to provide information or create a document is a requirement to do so in a legible form.

Obligation to provide information to regulator

229.  A person who receives an information notice must, before the end of the period specified in the notice, provide, or cause to be provided, to the regulator such information as is specified or described in the information notice.

Offence of failing to comply with information notice

230.  A person who contravenes regulation 229 commits an offence, but it is a defence for a person charged with such an offence to show that they took all reasonable steps and exercised all due diligence to avoid committing the offence.

Penalty for failing to comply with information notice

231.  A person guilty of an offence under regulation 230 is liable, on summary conviction—

(a)in England and Wales, to a fine;

(b)in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale.

Offence of providing false information

232.  It is an offence for a person, in purported compliance with regulation 229

(a)to make a statement that the person knows to be false in a material particular, or

(b)recklessly to make a statement that is false in a material particular.

Penalty for providing false information

233.  A person guilty of an offence under regulation 232 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.

Offences of false recording

234.—(1) It is an offence for a person to—

(a)use any document or record issued or required or having effect by or under the Act—

(i)which the person knows or ought to know has been forged, altered, revoked, or suspended, or

(ii)to which the person knows or ought to know that that person is not entitled, or

(b)lend any document or record issued or required or having effect by or under the Act to, or allow it to be used by, any other person.

(2) It is an offence for a person intentionally to damage, alter, or render illegible—

(a)any document or record issued or required or having effect by or under the Act, or

(b)any entry made in such a document or record.

(3) It is an offence for a person—

(a)knowingly to make, or procure or assist in the making of, any false entry in or material omission from any document or record issued or required or having effect by or under the Act, or

(b)to destroy any such document or record during the period for which the person is obliged to preserve it.

(4) It is an offence for a person knowingly to create a false licence, certificate, approval, permission, exemption or any other document issued by the regulator.

Defence to offences of false recording

235.  It is a defence for a person charged with an offence—

(a)under regulation 234(2) to show that the person was acting with intent to amend an error in the document, record or entry;

(b)under regulation 234(3)(b) to show that the person took all reasonable steps and exercised all due diligence to avoid committing the offence.

Penalty for false recording

236.  A person guilty of an offence under regulation 234 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.