The Spaceflight Activities (Investigation of Spaceflight Accidents) Regulations 2021

Failure to protect sensitive safety information

41.—(1) Any person who knowingly contravenes any of the prohibitions in regulation 30 contravenes these Regulations.

(2) Paragraph (1) does not apply to information which is included in a safety investigation report.

(3) Paragraph (1) does not apply where a person makes sensitive safety information available to another person (“person A”) in the following circumstances—

(a) in a case where person A is a party to, or otherwise entitled to appear at judicial proceedings and the relevant court has ordered that sensitive safety information must be made available to person A for the purposes of those proceedings;

(b) in any other case, where the relevant court has ordered that sensitive safety information must be made available to person A for other specified purposes.

(4) The relevant court must not make an order under paragraph (3) unless it is satisfied that the benefits of the disclosure of the sensitive safety information concerned outweigh the adverse domestic and international consequences which the disclosure might have on the safety investigation to which the information relates or any future safety investigation.

(5) In this regulation—

“judicial proceedings” includes any proceedings before any court, tribunal or person having by law power to hear, receive and examine evidence on oath;

“relevant court” means—

(a)

in the case of judicial proceedings or an application for disclosure made in England, Wales or Northern Ireland, the High Court;

(b)

in the case of judicial proceedings or an application for disclosure made in Scotland, the Court of Session.