2021 No. 817 (C. 45)

Space Industry

The Space Industry Act 2018 (Commencement No. 2, Transitional and Savings Provisions) Regulations 2021

Madeat 9.35 a.m. on 8th July 2021

The Secretary of State, in exercise of the powers conferred by section 70 of the Space Industry Act 2018 M1, makes the following Regulations.

Annotations:

Marginal Citations

2018 c. 5.

PART 1 Preliminary

Citation, extent and interpretationI11

1

These Regulations may be cited as the Space Industry Act 2018 (Commencement No. 2, Transitional and Savings Provisions) Regulations 2021.

2

These Regulations extend to England and Wales, Scotland and Northern Ireland, subject as follows.

3

In the Schedule, paragraphs 73, 82 to 85 and 113 do not extend to Northern Ireland.

4

In the Schedule, paragraphs 86 to 87 and 116 extend to Northern Ireland only.

5

In the Schedule, paragraph 117 has, for the purposes of the commencement of each amendment of an enactment made by Schedule 12 to the Act, the same extent as the enactment amended.

6

In these Regulations—

“the Act” means the Space Industry Act 2018 and a reference to a section without more is a reference to a section of the Act;
“cabin crew” means individuals who take part in spaceflight activities M2 on board a launch vehicle to perform duties assigned by the spaceflight operator or the pilot in command of the launch vehicle, but who are not members of the flight crew;
“carrier aircraft” means an aircraft which is carrying a launch vehicle which is to separate from that aircraft before the aircraft lands;
“crew” means—
1. a
  members of the cabin crew, and
2. b
  members of the flight crew;
“experimental transport” means a vehicle that is not operating for the purposes of transporting people or goods for commercial gain, such as a spacecraft M3 or aircraft specifically designed or modified for research, experimental or scientific purposes;
“flight crew” means individuals who take part in spaceflight activities on board a launch vehicle as a pilot or flight engineer of the launch vehicle;
“human occupant” means a member of the crew or a spaceflight participant;
“hypersonic” means a type of sub-orbital craft capable of operating above the stratosphere and capable of operating at the speed of at least Mach 5;
“launch operator licence” means an operator licence M4 which authorises a person to carry out spaceflight activities that include launching a launch vehicle or launching a carrier aircraft and a launch vehicle;
“launch vehicle” means—
1. a
  a craft to which section 1(5) applies and the component parts of that craft, or
2. b
  a space object M5 which is a vehicle and the component parts of that vehicle,
that is used for the purpose of the proposed spaceflight activities or the operator's spaceflight activities, as applicable, but does not include a payload carried by the launch vehicle;
“operator's spaceflight activities” means spaceflight activities which are authorised by an operator licence and which are any of—
1. a
  launching a launch vehicle;
2. b
  launching a carrier aircraft;
3. c
  operating the launch vehicle or a carrier aircraft whose launch is authorised by the operator licence, in so far as necessary for one or more of the following assignments—
  1. i
    to carry a spaceflight participant,
  2. ii
    to carry a payload until its release or separation from the launch vehicle,
  3. iii
    to carry out sub-orbital activities, or
  4. iv
    to return to earth and complete its flight,
  including orbital activities only in so far as they are necessary to complete such an assignment;
4. d
  operating a launch vehicle whose launch is not authorised by the operator licence, in order to cause that vehicle to land in the United Kingdom;
“orbital activities” means spaceflight activities using a launch vehicle which has reached a stable orbit;
“pilot in command” means the pilot who—
1. a
  takes part in the operator's spaceflight activities on board the launch vehicle, and
2. b
  is designated by the spaceflight operator as being in command and charged with the safe conduct of its flight, without being under the direction of any other pilot;
“point to point transport” means a vehicle which takes off from a launch site (point A) and travels, wholly or in part using rocket-powered propulsion, to another site on earth or in orbit (point B) for the purposes of transporting people or goods for commercial gain but does not include experimental transport;
“proposed spaceflight activities” means any of the spaceflight activities mentioned in paragraphs (a) to (d) of the definition of “operator's spaceflight activities” which would be authorised by the operator licence that the applicant is applying for, if granted;
“return operator licence” means an operator licence which is not a launch operator licence and which authorises a person to operate a launch vehicle, launched elsewhere than the United Kingdom, in order to cause that vehicle to land in the United Kingdom;
“spaceflight operator” means the holder of a launch operator licence or a return operator licence;
“spaceflight participant” means an individual, other than a member of the crew, who is to be carried on board a launch vehicle with the spaceflight operator's permission;
“stable orbit” means an orbit where a launch vehicle—
1. a
  has started to travel in an orbit of a minimum perigee of 130 kilometres taking account of any natural influences such as the forces of drag acting on that vehicle, and
2. b
  is capable of continuing to travel in that orbit for at least one orbit of the earth.

PART 2 Appointed day

Provisions of the Space Industry Act 2018 coming into force on 29th July 2021I22

29th July 2021 is the day appointed for the coming into force of the provisions of the Space Industry Act 2018 listed in the Schedule.

PART 3 Transitional and savings provisions

Transitional and savings provisions relating to the grant of a licenceI33

1

Paragraphs (1) and (2) of this regulation apply where—

a

an application for a licence has been made under the Outer Space Act 1986 M6 before the coming into force of the provisions in or made under the Act which enables licences to be granted,

b

the application has not yet been determined, and

c

the application falls to be determined under the Act.

2

The application shall continue to be processed and determined under the Outer Space Act 1986.

3

A licence which has been determined in accordance with paragraph (2) after the date of the coming into force of the provisions in or made under the Act which enables licences to be granted shall be treated as if granted under the Act.

Signed by authority of the Secretary of State for Transport

Rachel Maclean Parliamentary Under Secretary of State Department for Transport

SCHEDULE

Regulation 2

I41

Section 1(1) (scope of the Act).

I52

Section 1(2) (definition of when a person carries out “space activity” or “sub-orbital activity”).

I63

Section 1(3) (amendment of the Outer Space Act 1986), except in so far as it relates to an activity of procuring the launch of a space object where—

a

the activity is carried out in the United Kingdom by persons to whom the Outer Space Act 1986 applies by virtue of section 2 of that Act, and

b

the launch of the space object is to be carried out outside the United Kingdom F1....

I74

Section 1(4) (meaning of “space activity”), except in so far as this definition relates to an activity of procuring the launch of a space object where—

a

the activity is carried out in the United Kingdom by persons to whom the Outer Space Act 1986 applies by virtue of section 2 of that Act, and

b

the launch of the space object is to be carried out outside the United Kingdom F2....

I85

Section 1(6) (definition of “spaceflight activities”).

I96

Section 2(1) to (3) (duties and supplementary powers of the regulator).

I107

Section 3(1) (prohibition of unlicensed spaceflight etc), except in so far as it relates to an activity of procuring the launch of a space object where—

a

the activity is carried out in the United Kingdom by persons to whom the Outer Space Act 1986 applies by virtue of section 2 of that Act, and

b

the launch of the space object is to be carried out outside the United Kingdom F3....

I118

Section 3(4) (exemption from requirement to have an operator licence).

I129

Section 3(6) and (7) (offences: prohibition of unlicensed spaceflight).

I1310

Section 4(1) (exemption from licence requirement).

I1411

Section 5(3) (range: directions making power).

I1512

Section 7(1) (persons who may provide range control services).

I1613

Section 7(3) (exemption from requirement to have a range control licence).

I1714

Section 7(8) and (9) (offences: provision of range control services).

I1815

Section 8(1) to (3) (grant of licences: general provisions), except in so far as it relates to the licensing of spaceflight activities involving—

a

an orbital launch vehicle with human occupants;

b

hypersonic or other point to point transport.

I1916

Section 8(4) (Secretary of State's consent: grant of a licence).

I2017

Section 9(1) (requirements for the grant of operator licences: safety).

I2118

Section 9(2) and (3) (prescribed roles, capacities and requirements: risk assessment), so far as not already in force.

I2219

Section 9(4) (health and safety etc: acceptable risks).

I2320

Section 9(8) (regulator's requirement to have regard to guidance).

I2421

Section 10 (prescribed requirements etc: grant of a spaceport licence), so far as not already in force.

I2522

Section 11(1), (2) and (5) (grant of licences: assessments of environmental effects).

I2623

Section 12 (terms of licences).

I2724

Section 13(1) (conditions of licences).

I2825

Section 13(2) (meaning of “specified”).

I2926

Section 13(4) (recognition of licences from other jurisdictions and meaning of “designated”).

I3027

Section 13(5) (duty of Secretary of State to publicise designated countries under section 13(4)(a) of the Act).

I3128

Section 13(6) (duty of the regulator to consult specified bodies).

I3229

Section 13(8) (offences: conditions of licences).

I3330

Section 14(1) and (2) (grant of licences for specified periods).

I3431

Section 14(3) (regulator's duty to consult before renewing a licence).

I3532

Section 15 (transfer, variation, suspension or termination of a licence).

I3633

Section 16(4) (application of sections 2 and 15 of the Act to an appointed person).

I3734

Section 17(1) (prescribed role, capacity or criteria: informed consent), so far as not already in force.

I3835

Section 17(2) (consent), so far as not already in force.

I3936

Section 17(4) (offences: informed consent).

I4037

Section 18(4) (duties of a holder of a licence under the Act and meaning of unqualified), so far as not already in force.

I4138

Section 18(6) to (8) (offences: training, qualifications and medical fitness).

I4239

Section 21(1), (3) to (5) (assistance etc with performance of regulator's safety functions).

I4340

Section 21(2) (prescribed body or person: qualifying health and safety authority), so far as not already in force.

I4441

Section 22 (offences against the safety of spacecraft etc).

I4542

Section 23(4) to (7) (order making powers of the Secretary of State relating to security).

I4643

Section 24 (spaceport byelaws).

I4744

Section 25 (provision of advice and assistance on security matters).

I4845

Section 26(1), (2) and (4) (monitoring and enforcement by the regulator).

I4946

Section 27 (power to give directions: breach of licence condition etc).

I5047

Section 28(1) to (4) (power to give directions: safety, security etc).

I5148

Section 28(5) (duty of Secretary of State to consult before giving directions under specified provisions of the Act).

I5249

Section 28(6) to (8) (meaning of “spaceflight security”, “act of violence”, “relevant offence” and “regulated person”).

I5350

Section 29 (power to give directions: international obligations of the UK).

I5451

Section 30 (consultation about directions).

I5552

Section 31(1), (2) and (5) (further provision about directions).

I5653

Section 31(3) (offences: further provision about directions).

I5754

Section 31(4) (enforcement of directions).

I5855

Section 32(1) to (8) (warrants authorising entry or direct action).

I5956

Section 32(9) (offences: warrants authorising entry or direct action).

I6057

Section 32(10) (application of section 32 of the Act to Scotland).

I6158

Section 32(11) (application of section 32 of the Act to Northern Ireland).

I6259

Section 33(1) to (7) (power to authorise entry etc in emergencies).

I6360

Section 33(8) (offences: power to authorise entry etc in emergencies).

I6461

Section 34(1), (2) and (4) (liability of operator for injury or damage etc).

I6562

Section 34(3) (prescribed injury or damage not covered by section 34(2)), so far as not already in force.

I6663

Section 35 (power or duty of Secretary of State to indemnify), so far as not already in force.

I6764

Section 36(1), (2) and (4) (obligation to indemnify government etc against claims).

I6865

Section 36(3) (prescribed cases or circumstances: obligation to indemnify government etc against claims), so far as not already in force.

I6966

Section 37(1), (2) and (4) (regulator etc not liable in respect of spaceflight-related actions).

I7067

Section 37(3) and (5) (meaning of “relevant actions” and “gross negligence”).

I7168

Section 38(3), (5) to (7) (power to make arrangements relating to insurance and meaning of “report period”).

I7269

Section 38(4) (arrangements for insurance or reinsurance), so far as not already in force.

I7370

Section 38(9) and (10) (payment arrangements in connection with insurance).

I7471

Section 39(1), (2), (4) to (9) and (11) (powers in relation to rights over land).

I7572

Section 39(3) and (10) (meaning of “qualifying person”, “carrying out works on land” and “maintaining works”).

I7673

Section 39(12) (parliamentary procedure relating to an order made under section 39 and meaning of “relevant day”).

I7774

Section 40 (offences relating to an order made under section 39).

I7875

Section 41(1) to (4) (order making power to restrict the use of land temporarily).

I7976

Section 41(5) to (8) (offences relating to restricted use of land).

I8077

Section 41(9) (meaning of “launch or landing” and “specified”).

I8178

Section 42 (power of entry for the purpose of survey).

I8279

Section 43 (challenges to and commencement of orders).

I8380

Section 44 (powers in relation to land: compensation).

I8481

Section 45 (registration of orders).

I8582

Section 46 (special provisions relating to statutory undertakers).

I8683

Section 47(1), and (4) to (8) (compensation in respect of planning decisions relating to spaceport safety etc: England and Wales and Scotland).

I8784

Section 47(2) and (3) (meaning of “relevant person” and provisions mentioned in section 47(1)).

I8885

Section 47(9) (meaning of “local planning authority”, “planning decision” and “range control apparatus”).

I8986

Section 48(1) (compensation in respect of planning decisions relating to spaceport safety etc: Northern Ireland).

I9087

Section 48(2) and (3) (meaning of “the relevant person”, “planning decision” and “range control apparatus”).

I9188

Section 49(1) to (3), (5) and (6) (amendment and revocation of orders).

I9289

Section 49(4) (meaning of “the relevant persons”).

I9390

Section 50 (powers in relation to land: notices).

I9491

Section 51 (application of criminal law to spacecraft etc).

I9592

Section 53 (penalties for offences under the Act).

I9693

Section 55(1) to (3) (offences under regulations: extended time limit in case of accident investigation etc).

I9794

Section 55(4) (meaning of “accident”).

I9895

Section 56(1) to (3) (defences).

I9996

Section 57(1) and (2) (offences by bodies corporate).

I10097

Section 57(3) (meaning of “officer” in relation to a body corporate).

I10198

Section 58(1) to (5) (offences by partnerships).

I10299

Section 58(6) (meaning of “offence” and “partner”).

I103100

Section 60 (appeals), so far as not already in force.

I104101

Section 61 (register of launches).

I105102

Section 62 (charging schemes), so far as not already in force.

I106103

Section 63 (provision of advice and assistance by or to an appointed person).

I107104

Section 64 (co-operation between Secretary of State and other public authorities).

I108105

Section 66(2) and (5) (use of records and documentary evidence).

I109106

Section 66(1), (3) and (4) (prescribed person: use of records and documentary evidence), so far as not already in force.

I110107

Section 67(1) F4... (minor and consequential amendments).

I111108

Schedule 1 (particular conditions that may be included in licences).

I112109

Schedule 4 (offences against the safety of spacecraft etc).

I113110

Schedule 6 (orders under sections 39 and 41).

I114111

Schedule 7 (powers in relation to land: quashing of orders).

I115112

Schedule 8 (powers in relation to land: compensation).

I116113

Schedule 9 (powers in relation to land: special provisions relating to statutory undertakers).

I117114

Schedule 10 (appeals), so far as not already in force.

I118115

Schedule 11 (charging schemes), so far as not already in force.

I119116

Schedule 12, paragraphs 1, 15, 17, 26 and 30 (minor and consequential amendments: Northern Ireland).

I120117

Schedule 12, paragraphs 2 to 7, F5... and 11 to 33 (minor and consequential amendments).

(This note is not part of the Regulations)

These Regulations are the second Commencement Regulations made under the Space Industry Act 2018 (c. 5) (“the Act”) and they bring certain provisions of the Act into force on 29th July 2021. The first set of Commencement Regulations were brought into force by the Space Industry Act 2018 (Commencement No. 1) Regulations 2018 (S.I. 2018/1224). The provisions brought into force are mentioned in the Schedule to these Regulations.

The provisions mentioned in the Schedule to these Regulations extend to England and Wales, Scotland and Northern Ireland except for those referred to in:

a
paragraphs 73, 82 to 85 and 113 which do not extend to Northern Ireland,
b
paragraphs 86 to 87 and 116 which apply to Northern Ireland only, and
c
paragraph 117 which has the same extent as the amendments to which Schedule 12 to the Act relates.

Regulation 3(1) and (2) makes transitional provisions which enable applications for licences made under the Outer Space Act 1986 (“the 1986 Act”) at the coming into force of the licensing provisions contained in the Act, and which fall to be determined under that Act, to continue to be considered and determined under the 1986 Act.

Regulation 3(3) saves licences granted by virtue of regulation 3(1) and (2) after the coming into force of the licensing provisions made under the Act by treating such licences as granted under the Act.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. Impact Assessments carried out in relation to the Act are available from the Department for Transport, Commercial Spaceflight Team, International Aviation, Safety and Environment, 4th Floor, Great Minster House, 33 Horseferry Road, London SW1P 4DR and at http://www.legislation.gov.uk/ukpga/2018/5/pdfs/ukpgaod_20180005_en_001.pdf.

(This note is not part of the Regulations)

The following provisions of the Space Industry Act 2018 have been brought into force by Commencement Regulations made before the date of these Regulations.

Provision	Date of Commencement		S.I. No.
Section 1(5) Section 2(4) to (7) Section 3(2), (3) and (5) Section 4(2) to (4) Section 5(1) and (2) Section 6(1) and (2) Section 7(2), (4) to (7) Section 8(5) to (7) Section 9(2) and (3) (partially) Section 9(5) to (7) and (9) Section 10 (partially) Section 11(3), (4) and (6) Section 13(3) and (7) Section 14(4) Section 16(1) to (3) and (5) to (8) Section 17(1) and (2) (partially) Section 17(3) Section 18(1) to (3) Section 18(4) (partially) Section 18(5) Section 19 Section 20 Section 21(2) (partially) Section 21(6) Section 23(1) to (3) Section 26(3) Section 34(3) (partially) Section 34(5) and (6) Section 35(1)(b) (partially) Section 35(5) Section 36(3) (partially) Section 38(1) and (2) Section 38(4) (partially) Section 38(8) Section 52 Section 54 Section 56(4) Section 59 Section 60 (partially) Section 62 (partially) Section 65 Section 66(1), (3) and (4) (partially) Section 67(2) to (4) Schedule 2 Schedule 3 Schedule 5 Schedule 10— paragraph 1 paragraph 4 (partially) paragraph 5(3) (partially) paragraph 10 paragraph 11 (partially) paragraph 12(2) and (3) (partially) paragraph 13(2) (partially), and paragraph 15 paragraph 16(1) and (3) Schedule 11— paragraph 1 paragraph 2(1), paragraph 3(1) and (3) and paragraph (5)(1) to (3) Schedule 12— paragraph 8, and paragraph 10	26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018 26th November 2018	2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224 2018/1224