The Space Industry Regulations 2021

How the regulator considers the application

19.—(1) The powers or requirements referred to in this regulation are given or imposed for the purposes of assisting the regulator’s consideration of the application.

(2) The regulator may request the applicant in writing to—

(a) make available for inspection by a person appointed by the regulator, any site, facility, craft or equipment to be used in connection with the activities which are the subject of the application as the regulator may specify;

(b) produce for inspection any document or record in the possession or control of the applicant as the regulator may specify;

(c) make available for interview any officer or employee of the applicant or any other person acting on the applicant’s behalf as the regulator may specify.

(3) The applicant must comply with a request under paragraph (2) within such period as the regulator may reasonably require.

(4) The applicant must provide such assistance as a person appointed by the regulator to carry out an inspection pursuant to this regulation may reasonably request, such as making available relevant officers or employees of the applicant to provide any information relating to the inspection, unlocking doors, disassembling equipment or demonstrating its use.

(5) A person appointed by the regulator to carry out an inspection pursuant to this regulation may take samples, photographs and measurements when carrying out the inspection and make a record of any information obtained from the inspection.

(6) The regulator may—

(a) take copies of a document or record produced pursuant to this regulation;

(b) record an interview with a person interviewed pursuant to this regulation;

(c) subject to paragraph (7), disclose information in the regulator’s possession, whether obtained under this regulation or otherwise, relating to an application to—

(i) the Secretary of State;

(ii) any person for the purposes of obtaining a technical assessment by that person of the activities which are the subject of the application or legal advice or information relevant to such activities;

(iii) a person acting on behalf of the country which is a party to a relevant agreement for the purposes of consulting that country about the application;

(iv) SAIA, or any other national or international body investigating spaceflight accidents for the purposes of obtaining information about any safety recommendations relevant to the activities referred to in the application;

(v) any person consulted under section 13(6) (conditions of licences)(1) or any other person consulted about conditions to be included in the licence;

(vi) any other public authority or international organisation responsible for regulating any aspect of spaceflight activities;

(d) provide copies of documents or records in the possession of the regulator relating to an application and any recording referred to in sub-paragraph (b) to any person referred to in sub-paragraph (c) for the purposes mentioned in that sub-paragraph.

(7) US technical data may only be disclosed with the consent of the Government of the United States after consultation between the regulator, the Secretary of State and the Government of the United States.

(8) An officer of the regulator or other person acting on the regulator’s behalf may exercise the powers referred to in this regulation.

(9) In this regulation “relevant agreement” means an agreement between the United Kingdom and another country relating to spaceflight activities.

(1)

Section 13(6) (conditions of licences) of the Space Industry Act 2018 requires the regulator, in deciding what conditions to include in a licence under that Act, to consult a list of persons specified in paragraphs (a) to (e) of that subsection and whatever other persons the regulator thinks appropriate if the proposed licence gives rise to any issues regarding trade controls or national security.