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The Space Industry Regulations 2021

Type Statutory-Instrument

Publication 2021-07-08

Last updated 2025-04-01

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(1) The matters which the licensee must ensure are in place to provide the licensee’s range control services in support of the operator’s spaceflight activities include—

(a) the equipment, financial and technical resources necessary to provide those range control services and do any other matter authorised by the licence;

(b) where the licensee’s range control services consist of or include the management of the designated range, the capability to ensure that the licensee is able to exercise effective control over each zone[^f00038] comprised in the designated range prior to and during the operator’s spaceflight activities, including co-ordinating operations with the spaceflight operator and the relevant authorities;

(c) where the licensee’s range control services consist of or include the issue of notifications in connection with monitoring the designated range, the capability to issue notifications or ensure that such notifications are issued by the relevant authorities;

(d) where the licensee’s range control services consist of or include the identification of the designated range, the technical capability to identify a range taking account of the operator’s spaceflight activities and the characteristics of the designated site or place;

(e) where the licensee’s range control services consist of or include the tracking of the launch vehicle, the technical capability—

(i) where the operator’s spaceflight activities are authorised by a launch operator licence, to track the position of the launch vehicle from launch to the point at which the licensee’s responsibility for tracking the launch vehicle ceases, as provided in the current safety case for the operator’s spaceflight activities;

(ii) where the operator’s spaceflight activities are authorised by a return operator licence, to track the position of the launch vehicle until that vehicle lands in the United Kingdom, as provided in the current safety case for the operator’s spaceflight activities;

(f) where the licensee’s range control services consist of or include monitoring functions, the technical ability to conduct surveillance of the designated range in order to detect the position and speed of objects, including ships and aircraft, entering the designated range prior to and during the operator’s spaceflight activities;

(g) sufficient suitably qualified and experienced employees or agents to do the things authorised by the licence and an appropriate management structure;

(h) effective communication networks to enable all parties involved in the provision of the licensee’s range control services to communicate with each other and with persons involved in the operator’s spaceflight activities during the provision of the licensee’s range control services;

(i) facilities or infrastructure;

(j) the capability to comply with—

(i) all relevant requirements under any enactment relating to the provision of the licensee’s range control services including health and safety requirements, and

(ii) any requirement contained in a condition subject to which the licence is granted.

(2) In paragraph (1)(i) “facilities or infrastructure” include facilities or infrastructure relating to communications, the collection and retention of information and data, and access to a supply of electrical power and other utilities.

(3) The licensee must ensure that the supply of electrical power and other utilities referred to in paragraph (2) is provided and maintained so as to ensure that the provision of the licensee’s range control services is not interrupted or compromised prior to or during the operator’s spaceflight activities.

CHAPTER 3 — Agreements with relevant authorities

Relevant agreements

43

(1) Where the licensee’s range control services consist of or include monitoring the designated range, before commencing those services, the licensee must enter into an agreement in writing (a “relevant agreement”) with the following persons (each a “relevant authority”)—

(a) the person specified in regulation 44(a), and

(b) where United Kingdom territorial waters fall within the designated range, each of the persons specified in regulation 44(b) and (c)

and provide a copy of such agreement to the regulator.

(2) A relevant agreement must—

(a) relate to the provision of the licensee’s range control services in respect of the operator’s spaceflight activities at the designated site or place;

(b) set out the terms under which the licensee will co-operate with the relevant authority to ensure the effective and safe operation of the range prior to and during the operator’s spaceflight activities including—

(i) the information which the licensee must provide to the relevant authority in order for the relevant authority to fulfil its function of issuing notifications to third party air users and mariners;

(ii) the time period within which and the format in which such information must be provided;

(iii) the procedures for communication between the parties to the relevant agreement.

(3) The licensee must review the relevant agreement on an annual basis to determine whether, having regard to its operation over the preceding period of 12 months, any amendment is appropriate or necessary and the first review must take place on the first anniversary (with subsequent reviews taking place on each subsequent anniversary) of the date of the relevant agreement.

(4) If, following such review, the licensee considers that an amendment to the agreement is appropriate or necessary, it must take all reasonable steps to agree an amendment to the relevant agreement with the relevant authority which it considers reasonably necessary to address matters arising out of the review.

(5) The licensee must not terminate or enter into any amendment to a relevant agreement unless it has notified the regulator and obtained the regulator’s prior written approval to such termination or amendment.

(6) If a relevant agreement is terminated by a party other than the licensee (a “terminated agreement”), the licensee must, without delay, notify the regulator and take steps to enter into an agreement in place of the terminated agreement (a “replacement agreement”) and the provisions of this regulation apply to the replacement agreement as they applied to the terminated agreement.

Relevant authorities

44

The relevant authorities are—

(a) the appropriate air navigation service provider for aircraft flying in the volume of airspace falling within the designated range;

(b) Her Majesty’s Coastguard or such other appropriate management organisation having responsibility for the United Kingdom territorial waters, if any, falling within the designated range;

Communication with relevant authorities

45

(1) The licensee must establish and maintain appropriate means of communication with the relevant authorities to enable—

(a) the parties to the relevant agreements to co-ordinate the monitoring of the movements of third party air users and mariners which might pose a hazard to the operator’s spaceflight activities or to which the operator’s spaceflight activities might pose a hazard;

(b) warnings to be issued to third party air users and mariners or other action to be taken with a view to avoiding or mitigating any loss or damage which may otherwise be caused—

(i) to the operator’s spaceflight activities by such third parties’ actions, or

(ii) to such third parties resulting from the operator’s spaceflight activities.

(2) The licensee must ensure that the means of communication which it has established with the relevant authority referred to in regulation 44(a) is a communication network which permits real time contact between their respective personnel during the operator’s spaceflight activities.

CHAPTER 4 — The range and hazard areas

Identification of the designated range

46

(1) Where the licensee’s range control services consist of or include identifying an appropriate range for the operator’s spaceflight activities, prior to the commencement of the operator’s spaceflight activities, the licensee must—

(a) identify an appropriate range for the operator’s spaceflight activities, taking into account the matters referred to in paragraph (2), and

(b) provide details of the range set out in paragraph (3) to the persons mentioned in paragraph (4).

(2) The matters to be taken into account under paragraph (1)(a) include—

(a) the characteristics of the launch vehicle;

(b) the planned trajectory of the launch vehicle;

(c) the capabilities of the equipment to be used by the licensee in the provision of the licensee’s range control services;

(d) relevant environmental and meteorological conditions which will apply prior to and during the launch, flight or a controlled and planned landing or a planned but uncontrolled landing, as the case may be, of the launch vehicle including the information provided by the spaceflight operator referred to in regulation 97(2);

(e) areas of population and activities regularly conducted by individuals not involved in the operator’s spaceflight activities—

(i) at or in the vicinity of the designated site or place, or

(ii) in any other area in respect of which the operator’s spaceflight activities may pose a risk to the health, safety or property of such areas of population or individuals.

(3) The licensee must, utilising meteorological, chronological and other relevant measurement systems, accurately identify—

(a) the locations of the designated site or place, the mission management facility[^f00040] or ground control at a spaceport or other place, and of any relevant equipment to be used in the provision of the licensee’s range control services during the operator’s spaceflight activities;

(b) the dimensions of—

(i) any area of land,

(ii) any area of sea, and

(iii) the volume of airspace,

falling within the designated range;

(c) the outer boundaries of the designated range, being the estimated location at which the launch vehicle, or any part or debris from it, may land following the activation of the flight safety system relating to the operator’s spaceflight activities;

(d) the inner boundaries of the designated range, being the activation points for the flight safety system as provided by the spaceflight operator’s current safety case.

(4) The licensee must provide written details of the designated range without delay to—

(a) the regulator,

(b) the spaceflight operator, and

Identification of hazard areas

47

(1) This regulation applies where the licensee’s range control services consist of or include identifying a volume of airspace or an area or areas of land or sea falling within the designated range (a “hazard area”) which require to be made subject to restrictions, exclusions or warnings for keeping the area clear at relevant times of—

(a) persons or things that might pose a hazard to the operator’s spaceflight activities, and

(b) persons or things to which the operator’s spaceflight activities might pose a hazard.

(2) Prior to the commencement of the operator’s spaceflight activities, the licensee must identify the dimensions, location and boundary of each hazard area and must promulgate—

(a) which part or parts of the hazard area should be designated—

(i) an exclusion zone,

(ii) a restricted zone, and

(iii) a warning zone, and

(b) the time periods within which such zones should be operative.

(3) The licensee must communicate the information in paragraph (2), in relation to each hazard area, without delay to—

(a) the regulator,

(b) the spaceflight operator,

(d) the relevant authorities.

(4) In paragraph (2)—

(a) an “exclusion zone” is part of a hazard area to which entry by any vehicle, ship, aircraft, or other craft, individual or domestic animal is excluded;

(b) a “restricted zone” is part of a hazard area to which entry is restricted to authorised individuals whose presence is necessary for the carrying out of spaceflight activities or for the performance of duties in connection with such activities;

(c) a “warning zone” is part of a hazard area to which entry is not restricted but which is subject to a requirement to provide a warning notice in accordance with regulation 51.

Monitoring of a hazard area

48

Where the licensee’s range control services consist of or include monitoring a hazard area, the licensee must ensure that—

(a) appropriate measures are taken to protect an exclusion zone or restricted zone from unauthorised entry during time periods within which the zones are operative, and

(b) a warning notice has been issued in respect of a warning zone in accordance with regulation 51.

CHAPTER 5 — Notification requirements

Requirement to notify persons

49

(1) Where the licensee’s range control services consist of or include the issue of notifications in connection with monitoring the designated range, the licensee must notify the persons listed in paragraph (2) of certain information relating to the operator’s spaceflight activities in accordance with regulation 50.

(2) The persons referred to in paragraph (1) are—

(a) the local authority[^f00041] in whose administrative area any area of land comprised in the designated range is situated, whether wholly or partially;

(b) the emergency services which are relevant to the location of the designated site or place;

(d) every owner, lessee or occupier of any part of the land falling within the designated range;

(e) any other person or organisation specified in a condition subject to which the licence is granted which the regulator considers should be notified of spaceflight activities taking place within the designated range.

(3) In this regulation “owner” has the meaning given in section 56 of the Civil Aviation Act 1982[^f00042].

Notification requirements

50

(1) This regulation applies to the provision of a notification referred to in regulation 49.

(2) Where the notification is to be provided to a local authority, the emergency services or the regulator, the notification must be provided—

(a) within such period prior to the commencement of the operator’s spaceflight activities,

(b) containing such data and information, and

as the recipient may require.

(3) Where the notification is to be provided to an owner, lessee or occupier of land, the notification must—

(a) be provided at any time not later than 4 weeks prior to the proposed date of commencement of the operator’s spaceflight activities,

(b) contain such information regarding the nature and timing of the operator’s spaceflight activities as is reasonably necessary to ensure that the owner, lessee or occupier of land does not pose a hazard to the operator’s spaceflight activities and the operator’s spaceflight activities do not pose a hazard to the owner, lessee or occupier of land, and

(4) If it is not practicable, after reasonable enquiry, to ascertain the name or address of any owner, lessee or occupier of land to whom notification must be provided, the notification may be provided by addressing it to them by the description of “owner”, “lessee” or “occupier” of the land, with a description of the land to which the notification relates and, if there are premises situated on the land, by delivering it to some person on the premises or, if there is no person on the premises to whom it can be delivered or there are no premises, by affixing it, or a copy of it, to some conspicuous part of the premises or land (as the case may be).

(5) Where the notification is to be provided to a person or organisation referred to in regulation 49(2)(e), the notification must be provided in accordance with any terms of the condition subject to which the licence has been granted.

Warning notices

51

(1) Where the licensee’s range control services consist of or include monitoring a part of a hazard area designated as a warning zone, the licensee must issue a warning notice or notices in accordance with paragraph (2).

(2) A warning notice must—

(a) contain such information as is reasonably necessary to make the individuals referred to in paragraph (3) aware of the operator’s spaceflight activities, with a view to ensuring that—

(i) they do not pose a hazard to the operator’s spaceflight activities;

(ii) the operator’s spaceflight activities do not pose a hazard to them;

(b) be provided within a reasonable period prior to the commencement of the operator’s spaceflight activities;

(c) be issued in a manner which is reasonably necessary to alert the individuals referred to in paragraph (3) to the operator’s spaceflight activities.

(3) The individuals are—

(a) an individual whose regular place of work is situated on any part of the land falling within the designated range, and

(b) any individual who might enter or traverse any part of the land falling within the designated range in exercise of a legal right, entitlement or privilege including, but not limited to, an easement or a public right of way,

but do not include excluded individuals.

(4) The following individuals are “excluded individuals” for the purposes of paragraph (3)—

(a) an individual who is involved with the operator’s spaceflight activities;

(b) an individual who is involved with the operation of the spaceport at the designated site;

(d) a member of the police, fire, rescue or ambulance services;

(e) an individual employed by, or appointed to act on behalf of, the regulator.

CHAPTER 6 — Safety

Safety and quality management systems requirement

52

(1) Without prejudice to any conditions attached to a licence, a licensee must establish and implement management systems, including a safety management system, that give due priority to safety in relation to the provision of the licensee’s range control services.

(2) The licensee must, within its management systems, make, implement and maintain adequate quality management arrangements in respect of all matters relating to the provision of the licensee’s range control services which may affect the safety of the operator’s spaceflight activities.

(3) Prior to the commencement of the licensee’s range control services, the licensee must submit to the regulator a written record of the systems and arrangements referred to in paragraphs (1) and (2).

(4) The licensee must provide prior notice to the regulator of any material alteration or amendment to the management systems or quality management arrangements referred to in paragraph (3).

(5) The licensee must provide to the regulator copies of records or documents referred to in, or relating to, such management systems or quality management arrangements as the regulator may require.

CHAPTER 7 — Applicable conditions where an operator is authorised to provide range control services in respect of the operator’s spaceflight activities

Application

53

This Chapter applies where a spaceflight operator is authorised by a licence to provide range control services in respect of the operator’s spaceflight activities carried out by that spaceflight operator.

Conditions applying to spaceflight operator

54

(1) The spaceflight operator must establish and implement management systems so that the part of its organisation which is responsible for providing the licensee’s range control services is distinct and separate from the part of its organisation which is engaged in the operator’s spaceflight activities, in order to ensure that the performance of the obligations imposed upon the licensee under this Part are neither compromised nor adversely affected by a conflict of interest between the different parts of the organisation.

(2) To achieve that objective, the management systems must include—

(a) separate personnel appointed solely to undertake roles in the provision of the licensee’s range control services;

(b) authorised lines of communication between the appropriate individuals involved in the provision of the licensee’s range control services and the individuals engaged in the operator’s spaceflight activities, for the transmission of data or information relating to the safety of the operator’s spaceflight activities;

(c) measures which ensure that the individuals appointed to the prescribed roles under regulation 11 and the other personnel involved in the provision of the licensee’s range control services report to and are managed by independent individuals;

(d) a process under which—

(i) an individual involved in the provision of the licensee’s range control services can lodge a formal complaint or concern regarding any act or omission by personnel involved in the operator’s spaceflight activities which the individual considers may compromise, or adversely affect, the proper performance of the range control services, with particular regard to the safety of the operator’s spaceflight activities,

(ii) a complaint or concern referred to in paragraph (i) can be properly investigated by an independent individual appointed by the spaceflight operator, and

(iii) appropriate action is taken in the light of the results of the investigation by the independent individual referred to in paragraph (ii).

(3) For the purposes of this regulation, an individual is to be regarded as independent only where—

(a) the individual’s function or role will not involve the consideration by that individual of any aspect of the operator’s spaceflight activities for which that individual bears or has borne responsibility or where that individual’s objectivity may be compromised, and

(b) the individual is sufficiently independent of a management scheme which has, or has had, any responsibility for any aspect of the operator’s spaceflight activities.

PART 7 — Training, qualifications and medical fitness

CHAPTER 1 — General

Interpretation

55

In this Part—

“competence assessment” has the meaning given in regulation 69(3)(c)(iii);

“ICAO compliant”, in relation to a licence, means a licence which complies with Annex 1 to the Convention on International Civil Aviation signed on behalf of the Government of the United Kingdom at Chicago on 7th December 1944, and is issued by the licensing authority in a country which is a party to that Convention;

“licensee” means a person who holds a launch operator licence, a return operator licence, a spaceport licence or a range control licence under the Act;

“medical assessment” has the meaning given in regulation 72(5);

“medical examination” has the meaning given in regulation 72(5);

“normal conditions” in relation to a flight means conditions in which— all launch vehicle aerodynamic parameters are as expected, all the internal and external systems of the launch vehicle perform exactly as planned, and there are no external perturbing influences other than atmospheric drag and gravity;

“relevant individual” has the meaning given in regulation 58(1);

“relevant requirement” has the meaning given in regulation 65(3);

“safety-critical function” means any function the performance of which is essential for preventing serious or fatal injuries as a result of the operator’s spaceflight activities;

“simulated training device” has the meaning given in regulation 71(2);

“specified capacity” means a capacity which is specified for the purposes of section 18(4)(a) by regulation 57(1);

“specified role” means a role which is specified for the purposes of section 18(4)(b) by regulation 56(1);

“sub-orbital aircraft” means a craft to which section 1(5) applies which can derive support in the atmosphere from the reactions of the air other than reactions of the air against the earth’s surface.

Specified roles and criteria

56

(1) The following roles are specified for the purposes of section 18(4)(b)—

(a) the launch director;

(b) the flight termination personnel;

(d) the sub-orbital aircraft engineer;

(e) the range operations manager;

(f) the range safety manager.

(2) The criteria set out in Part 1 of Schedule 3 are specified criteria for the purposes of section 18(4) as follows—

(a) the criteria in paragraphs 1 to 6 are specified for the role of launch director;

(b) the criteria in paragraphs 8 to 12 are specified for the role of flight termination personnel;

(d) the criteria in paragraph 21 are specified for the role of sub-orbital aircraft engineer;

(e) the criteria in paragraphs 22 to 24 are specified for the role of range operations manager;

(f) the criteria in paragraphs 25 to 29 are specified for the role of range safety manager.

Specified capacities and criteria

57

(1) “Spaceflight participant” is a specified capacity for the purposes of section 18(4)(a).

(2) The criteria in paragraph 52 of Schedule 3 are specified criteria in relation to spaceflight participants for the purposes of section 18(4).

Responsibility of licensees

58

(1) The licensee must ensure that—

(a) individuals who perform any specified role or have a specified capacity (“relevant individuals”) satisfy—

(i) the conditions set out in paragraph (2), or

(ii) if paragraph (4) applies in relation to the individual concerned, the conditions set out in paragraph (5);

(b) individuals who participate in, or are otherwise engaged in connection with, the licensed activities but do not perform a specified role or have a specified capacity, satisfy the conditions set out in paragraph (3).

(2) An individual (“A”) satisfies the conditions in this paragraph if A—

(a) has the qualifications, skills, experience and competencies required by this Part,

(b) has received training appropriate to A’s role or capacity which—

(i) enables A to satisfy any criteria specified for that role by regulation 56(2) or for that capacity by regulation 57(2), and

(ii) otherwise complies with the requirements set out in this Part, and

(3) An individual (“B”) satisfies the conditions in this paragraph if B—

(a) has participated in a training programme, including instruction on safety, appropriate to B’s role,

(b) has been assessed as being competent to perform B’s duties, and

(4) This paragraph applies to an individual who is taking part in licensed activities as a remote pilot for a spaceflight operator who holds a return operator licence but no other licence under the Act.

(5) An individual (“C”) satisfies the conditions in this paragraph if C—

(a) has been assessed by a competent authority in the United Kingdom, or in a jurisdiction outside the United Kingdom, as being competent to perform the duties of a remote pilot in relation to the type of launch vehicle for which C has that role, and

(b) is medically fit to perform those duties.

(6) For these purposes, subject to paragraph (9), the licensee must—

(a) establish and maintain a training programme which complies with the requirements in regulation 69,

(b) prepare and maintain a training manual which complies with the requirements in regulation 66, and

(7) The licensee may satisfy the obligation in paragraph (1), in relation to any relevant individuals who are not its employees or spaceflight participants, by checking that—

(a) the individual concerned (“RI”)—

(i) satisfies the condition in paragraph (2)(a), and

(ii) has received any training required to ensure that RI satisfies the conditions in paragraph (2)(a), from RI’s employer, and

(b) RI is medically fit to perform RI’s duties and, where regulation 72 applies, has been certified as medically fit in accordance with that regulation.

(8) The licensee must have in place a training management system which—

(a) is proportionate to the scale, nature and complexity of the licensed activities and the training programme;

(b) sets out clearly defined lines of responsibility and accountability for training, including—

(i) a direct accountability for training on the part of senior management of the licensee, and

(ii) the persons to whom and for whom the training manager is accountable;

(d) provides the means of monitoring the provision of any services or equipment by a third party contractor under regulation 59.

(9) A return operator licensee is not required to appoint a training manager or comply with paragraph (6)(a) or (b), or regulations 66 and 68 to 71.

Training resources

59

(1) A licensee must ensure that it has adequate personnel, facilities and equipment to satisfy its obligations under this Part.

(2) If the conditions set out in paragraph (4) are satisfied, a licensee may enter into arrangements with a third party—

(a) to provide personnel, facilities or equipment for use in the licensee’s training programme,

(b) to perform any part of its training programme, or

(3) Before entering into any such arrangements with a third party, the licensee must satisfy itself that the personnel, services, equipment or other facilities to be provided by the third party satisfy the requirements of this Part.

(4) The conditions referred to in paragraph (2) are that—

(a) the arrangements between the licensee and the third party ensure that the licensee retains full control over—

(i) the content of any service provided by the third party, and the way in which that service is provided, and

(ii) what equipment or facilities are to be provided by the third party, and the condition of that equipment or those facilities;

(b) the arrangements between the licensee and the third party enable the licensee to provide access to the regulator, or any person authorised by the regulator, to any records or other material held by the third party which relates to the licensed activities;

(5) The use by the licensee of a third party to provide services to the licensee for the purpose of the licensee’s obligations under the Act, these Regulations and its licence does not relieve the licensee from any liability in relation to those obligations.

Records

60

(1) The licensee must keep the records specified in paragraph (2) for a period of at least two years beginning on the first day of the calendar year following the year in which the records were created.

(2) The records are—

(a) the training manual, including any previous versions of the training manual, and all associated documents, including all documents referred to in the training manual;

(b) records relating to individual participants in the training, including results of competence assessments, and details of the training received by each individual participant;

(d) details of the training equipment used;

(e) records of the instructors employed on the training programme;

(f) records of any arrangements made with a third party to provide services or equipment to the licensee under regulation 59(2);

(g) a record of any mission rehearsal which took place in accordance with regulation 70(5), including details of every person who participated in the rehearsal, and of any problems which arose during the rehearsal;

(h) the records kept under regulation 77 in relation to medical examinations and medical assessments;

(i) records of the training given to spaceflight participants;

(j) copies of any consent form signed by all crew members and spaceflight participants in accordance with section 17(2);

(k) any other records needed for the licensee to demonstrate that its training activity has been conducted in accordance with the training manual, any conditions on its licence, and these Regulations.

CHAPTER 2 — The training manager

The training manager

61

(1) An individual may only be appointed to act as the training manager for a launch operator licensee under regulation 9(3)(b) or for a range control licensee under regulation 11(1)(e) if—

(a) that individual satisfies the eligibility criteria provided for in regulations 5 and 6, and

(b) the appointment of that individual has been approved by the regulator.

(2) The training manager must be an employee of the licensee.

(3) The training manager is responsible for—

(a) ensuring that the licensee complies with the requirements in these Regulations in relation to the qualification, training and medical fitness of individuals performing specified roles and spaceflight participants,

(b) establishing and running a system for managing the provision of training and where appropriate, qualifications, for individuals who participate in the licensed activities,

(d) carrying out the functions referred to in regulation 63.

(4) Where a spaceport licensee or a return operator licensee does not have a training manager, the responsibilities specified in paragraph (3)(b) and (d) fall on the licensee.

The training manager (application for approval)

62

(1) An application for the regulator’s approval of the training manager under regulation 61 must be made by a licensee, or by an applicant for a licence.

(2) The application must—

(a) be made in such manner as the regulator may direct;

(b) include a statement of the matters for which the training manager is to be responsible;

(3) At any time after the application is received and before it is determined, the regulator may require the applicant to provide it with such further information as it reasonably considers necessary to enable it to determine the application.

(4) The applicant must inform the regulator in writing as soon as possible of any material change in any of the information provided to the regulator in or with the application or in response to a requirement from the regulator under paragraph (3).

(5) No change may be made to the extent of the responsibilities of the training manager, as described in the statement referred to in paragraph (2)(b), unless this has been approved by the regulator.

(6) Paragraphs (1) to (4) apply to an application for approval under paragraph (5), as they apply to an application for approval under paragraph (1).

The training manager’s functions

63

(1) The training manager has the following functions—

(a) organising and managing such instructors and medical staff, facilities and equipment as are sufficient and appropriate to comply with the licensee’s obligations under this Part;

(b) reviewing, and where appropriate, supervising the training provided by instructors, making improvements to training activity where possible, and ensuring that any unsafe training practices are corrected;

(d) ensuring that the training is kept up to date, and that it meets the needs of all the activities which the licensee is licensed to carry out;

(e) establishing a system to record and document all training activity undertaken by the licensee, with information on the progress of each relevant individual (“RI”), including—

(i) whether each RI has completed the training relevant to that individual,

(ii) whether each RI has met the approved performance criteria necessary to be qualified to perform the RI’s role, and

(iii) the results of any tests undertaken by an RI;

(f) maintaining records of all medical examinations and medical assessments carried out in relation to RIs;

(g) administering any informed consent process required by Part 12.

(2) If a spaceport licensee or a return operator licensee does not have a training manager, they must make alternative arrangements to carry out the functions specified in paragraph (1)(a), (b) and (d).

Approval of the appointment of training manager

64

(1) The regulator may approve an application under regulation 62 only if—

(a) it is satisfied that the individual who is the subject of the application—

(i) is a suitable person to perform the role of training manager with the licensee or, where relevant, the applicant for a licence, and

(ii) satisfies the eligibility criteria prescribed for the licensee in regulations 5 and 6 in relation to that role;

(b) where the application is made by an applicant for a licence, that licence application is granted;

(2) The matters the regulator may take into account in making the determination in paragraph (1)(a) include—

(a) the individual’s qualifications, including—

(i) knowledge of good educational practice and instruction techniques suitable for complex technical subjects;

(ii) an ability to devise appropriate courses for the training programme;

(b) the individual’s training and experience, including whether—

(i) they have practical experience as an instructor in technical subjects relevant to the activities for which the licensee is licensed;

(ii) they can provide evidence of good organisational skills and managerial capability.

(3) The regulator may approve an application under this regulation—

(a) for a specified time, and

(b) subject to specified conditions,

and for these purposes, “specified” means specified by the regulator.

Termination of the training manager’s approval

65

(1) An approval given by the regulator under regulation 64 ceases to be valid if—

(a) the licence of the applicant is surrendered or revoked,

(b) the training manager ceases to satisfy the eligibility criteria referred to in regulation 64(1)(a)(ii), or

(2) The regulator may revoke the approval given to the appointment of the training manager if the licensee or the training manager has contravened a relevant requirement.

(3) For the purposes of paragraph (2), a “relevant requirement” is—

(a) a requirement imposed by or under the Act, including a requirement imposed under these Regulations;

(b) a condition included in the licence of the licensee;

CHAPTER 3 — Training manual

Training manual

66

(1) The licensee must—

(a) compile a training manual which complies with the requirements in Part 2 of Schedule 3, and

(b) apply to the regulator for approval of those sections of that training manual which relate to relevant individuals (the “relevant sections”).

(2) An application for the regulator’s approval of the relevant sections of the training manual must be made by—

(a) a licensee, or

(b) an applicant for a licence.

(3) The application must—

(a) be made in such manner as the regulator may direct, and

(b) contain, or be accompanied by, such information as the regulator may reasonably require.

(4) At any time after the application is received and before it is determined, the regulator may require the applicant to provide it with such further information as it reasonably considers necessary to enable it to determine the application.

(5) Once the relevant sections of the training manual have been approved, the licensee must make available to its staff, and any person contracted to provide training services to the licensee, the manual, or those sections of the manual which are relevant to their duties.

(6) The licensee must also, where appropriate, provide copies of sections of the manual relevant to students to those students admitted to its training programme.

(7) The licensee must ensure that each copy of the training manual is kept up to date.

Approval of the training manual

67

(1) The regulator may only approve sections of a training manual under regulation 66(1)(b) if it is satisfied that the sections of the training manual referred to in regulation 66(1)(b)—

(a) comply with the requirements set out in Part 2 of Schedule 3, and

(b) are fit for their purpose.

(2) In determining whether the requirement in paragraph (1)(b) is satisfied, the regulator must take into account—

(a) the scope, structure and content of the relevant sections of the training manual,

(b) any material referred to in those sections of the training manual, and

Changes to the training manual

68

(1) The applicant must inform the regulator in writing as soon as possible of any material change in any of the information provided to the regulator in or with the application for approval of sections of the training manual relating to relevant individuals or in response to a requirement from the regulator under regulation 66(4).

(2) No change may be made to any of the following items referred to in the training manual without the approval of the regulator—

(a) the scope of the training for relevant individuals carried out by or on behalf of the licensee (“the training”);

(b) the locations where the training is carried out;

(d) the use of instructors in the training;

(e) the standards of competence set for each role in relation to the licensed activities;

(f) the facilities and equipment used in the training, including the simulated training devices and aircraft where appropriate;

(g) the arrangements for medical examinations for crew and spaceflight participants.

(3) The regulator may not approve a change to any of the matters referred to in paragraph (2) if amending the training manual to reflect that change would in the regulator’s opinion mean that the sections of the training manual relating to relevant individuals no longer satisfied the requirements in regulation 67.

(4) Regulation 66(2) to (4) applies to an application for approval under paragraph (2), as it applies to an application for approval under regulation 66(2).

CHAPTER 4 — Training programme

Training programme

69

(1) The licensee must establish and maintain a training programme—

(a) combining practical and theoretical training for—

(i) all individuals who will be on board a launch vehicle or a carrier aircraft in flight[^f00043];

(ii) any other individual employed by the licensee who will perform a specified role;

(iii) any other individual contracted to provide services for the licensee who will perform a specified role;

(b) providing training for individuals who participate in the licensed activities but do not perform a specified role or act in a specified capacity.

(2) The objective of the training programme is to ensure that all participants are adequately qualified, trained, and medically fit to perform their assigned duties or otherwise participate in the licensed activities.

(3) To achieve that objective, the training programme must include—

(a) initial, proficiency and readiness training in accordance with paragraphs (4), (5) and (6) respectively for all relevant individuals;

(b) initial and readiness training in accordance with paragraphs (4) and (6) for individuals who do not perform a specified role, and

(i) what training is required by relevant individuals;

(ii) whether individuals on a course of training have received and successfully completed all the necessary elements of that training (“a training assessment”);

(iii) if individuals are competent to perform their functions in relation to the licensed activities (“a competence assessment”).

(4) Initial training must enable individuals—

(a) to become familiar with—

(i) the licensee’s organisation and methods of working;

(ii) the safety regulations in Part 8, including the procedures set out in the safety operations manual applying to the licensed activities;

(iii) other regulations applying to the licensee and its licensed activities,

where this is necessary to enable individuals to perform their roles, or to act as spaceflight participants,

(b) to be made aware of human factors, and

(5) Proficiency training must be provided for each specified role to ensure that individuals appointed to perform that role—

(a) satisfy the criteria specified in relation to that role in Part 1 of Schedule 3,

(b) receive the training specified in Part 3 of Schedule 3, and

(6) Readiness training must be provided in relation to each mission undertaken by the licensee for all individuals who are to participate in that mission, to ensure that they—

(a) understand the objectives of that mission;

(b) rehearse the role which they are to perform in the mission in accordance with regulation 70(5), and demonstrate adequate performance in that role.

(7) The training programme must also provide training for spaceflight participants who do not perform a specified role in accordance with paragraphs 50 and 52 of Schedule 3.

Training and assessments

70

(1) Competence assessments must be conducted at intervals determined by the training manager, or in the case of a spaceport licensee who does not have a training manager, by the licensee.

(2) No person who has failed a competence assessment relevant to a function may be permitted to perform that function until the person concerned has—

(a) undertaken further training to address the reasons for that failure, and

(b) passed a further competence assessment.

(3) Training and competence assessments for flight crew and remote pilots may be undertaken by one or more of the following methods, provided that the chosen methods cover all phases of flight of the launch vehicle to which the flight crew or remote pilots will be assigned—

(a) flight in that launch vehicle;

(b) use of simulated training devices;

(i) possessing similar characteristics to those of that launch vehicle, or

(ii) that has similar phases of flight to that launch vehicle.

(4) No emergency situation may be simulated in a launch vehicle on which spaceflight participants are being carried, unless the only spaceflight participants on the flight are persons authorised by the regulator to train the crew or to check any aspect of the licensee’s spaceflight activities, including the work of the crew.

(5) The licensee must, before a launch (a “mission”), conduct one or more rehearsals of the mission, in order to test its operational procedures and train staff in their operational duties.

(6) A mission rehearsal conducted under paragraph (5) must as nearly as possible reproduce the intended spaceflight, spaceport and range control activities which would be carried out on the mission, including—

(a) normal and abnormal situations;

(b) pre-launch, spaceflight and post-launch scenarios;

(7) A mission rehearsal conducted under paragraph (5) may include a spaceflight participant if this is necessary to enable the spaceflight participant to achieve the training objectives set for that participant, or to complete a competence assessment satisfactorily.

Training equipment

71

(1) The licensee must ensure that it has access to sufficient training equipment to enable it to provide practical training where required as part of its training programme.

(2) Training equipment used for this purpose may include devices which are capable of simulating a launch vehicle, or any equipment or facilities which are used in the course of carrying out one or more of the licensed activities of the licensee (“a simulated training device”).

(3) A simulated training device may only be used if, so far as practically possible—

(a) the device accurately represents the same configuration, graphical and instrument displays and environment as the launch vehicle, equipment or facilities it is simulating, and

(b) the device accurately represents conditions on the launch vehicle, equipment or facilities it is simulating as they will be experienced during the course of a licensed activity.

(4) Any difference between the simulated training device and the actual launch vehicle, equipment or facilities which it is simulating must be identified and described as part of the training programme.

(5) The licensee may also use devices designed to reproduce the effects of spaceflight on the human body, such as the effects of acceleration, disorientation, loss of pressurisation or other adverse physical effects connected with spaceflight.

(6) The licensee must establish and maintain a system for monitoring any simulated training device or other device which is used in its training programme, to identify any changes in the capability or configuration of any such device and ensure that such changes do not reduce the effectiveness of any training or assessment for which that device is used.

CHAPTER 5 — Medical Fitness

Medical obligations

72

(1) The licensee must ensure that—

(a) all the crew of the launch vehicle, and remote pilots taking part in spaceflight activities, hold a valid medical certificate as required by regulation 73(1);

(b) none of the crew has suffered a decrease in fitness due to illness or injury since the date of issue of their medical certificate which might affect their ability to—

(i) withstand the physical and mental rigours of spaceflight;

(ii) perform safety-critical functions reliably during the spaceflight activities;

(iii) carry out any emergency procedures which may be required during the spaceflight activities, including the evacuation of the launch vehicle;

(c) no person takes part in spaceflight activities, either as a crew member or a spaceflight participant, if that person is not medically fit to fly;

(d) no person participates in the licensed activities if they are not fit to do so.

(2) The procedures established by the licensee to ensure that it satisfies its obligations under paragraph (1) may include—

(a) medical examinations and medical assessments by an approved aeromedical examiner,

(b) requirements for the crew and remote pilots who hold valid medical certificates to complete self-declarations of fitness, and

(c) requirements for individuals who do not perform a specified role to report to the licensee on any occasion when they are not fit to perform their duties.

(3) For the purposes of paragraph (2), every crew member and remote pilot must submit to such a medical examination or medical assessment when required by the spaceflight operator to do so.

(4) The procedures referred to in paragraph (2) must be completed before—

(a) a crew member performs any duty on board a launch vehicle, and

(b) a remote pilot takes control of a launch vehicle.

(5) In this Chapter—

“approved aeromedical examiner” means an individual who— is qualified and holds a valid licence to practise medicine from the General Medical Council, has qualifications in aviation or space medicine, and has been approved by the regulator for the purposes of carrying out medical assessments or medical examinations for the purposes of these Regulations;

“approved medical assessor” means an individual employed by the regulator who— is qualified and holds a valid licence to practise medicine from the General Medical Council, has qualifications in aviation or space medicine, and has been authorised by the regulator for the purposes of regulations 73(5) and 74(5);

“medical assessment” means the conclusion on the medical fitness of an individual based on evaluation of that individual’s medical history, medical examinations and medical tests;

“medical examination” means a physical inspection, palpation, percussion, auscultation or other means of investigation, especially for determining medical fitness or diagnosing disease.

Certificates and confirmation of medical fitness

73

(1) No individual may take part in any spaceflight activities on board a launch vehicle, or training for spaceflight activities which takes place on board a launch vehicle, unless that individual—

(a) in the case of a crew member or remote pilot, holds a valid medical certificate issued by an approved aeromedical examiner;

(b) in the case of a spaceflight participant, has been confirmed as being medically fit to fly by an approved aeromedical examiner.

(2) An approved aeromedical examiner may only issue a medical certificate under paragraph (1), or confirm that a spaceflight participant is medically fit to fly, if—

(a) the examiner has carried out a medical examination of the applicant and an assessment of that individual’s medical history, and

(b) following that assessment and examination, the examiner is satisfied that the individual concerned is medically fit—

(i) to participate in the spaceflight activities proposed for that individual, and

(ii) to carry out that individual’s duties, if any, in relation to those activities.

(3) In determining whether an individual is medically fit for the purposes of paragraph (2)(b), the approved aeromedical examiner must take into account any operational or environmental conditions which—

(a) the spaceflight operator has identified as being likely to apply in relation to the spaceflight activities in which the individual would be participating or acting as a crew member, and

(b) are relevant to the individual’s state of fitness.

(4) An approved aeromedical examiner must not determine that a crew member or remote pilot is medically fit for the purposes of paragraph (2)(b), unless—

(a) that individual meets—

(i) in the case of a member of the flight crew, other than a balloon pilot, or a remote pilot, the requirements for a Class 1 certificate for single pilot commercial air transport operations carrying passengers set out in section 2 of Sub-Part B of Annex IV to the Aircrew Regulation,

(ii) in the case of a member of the cabin crew or a balloon pilot, the requirements for a Class 2 certificate set out in that section of Sub-Part B of Annex IV to the Aircrew Regulation, and

(iii) any medical requirements imposed by the regulator in conditions on the spaceflight operator’s licence, or

(b) paragraph (5) applies.

(5) This paragraph applies if—

(a) the individual concerned has been assessed by an approved medical assessor, and

(b) the assessor is satisfied that the individual’s condition—

(i) will not compromise the safety of any spaceflight activities in which the individual will be participating or of any other individual on board the launch vehicle, and

(ii) will not prevent the individual from performing the tasks assigned by the licensee to the individual’s role.

(6) An approved aeromedical examiner may—

(a) issue a medical certificate, or

(b) confirm that an individual is medically fit to fly,

subject to any conditions which the examiner reasonably considers must be satisfied for the individual concerned to be considered to be medically fit to fly.

(7) Where an approved aeromedical examiner has issued a medical certificate, or confirmed that the individual concerned is medically fit to fly subject to conditions under paragraph (6), that individual does not meet the requirement in paragraph (1) unless those conditions are satisfied.

74

(1) An individual (“P”) may not act as a member of the crew of a launch vehicle or as a remote pilot if P knows or suspects that P’s physical or mental condition renders P temporarily or permanently unfit to perform those functions, including unfitness by reason of—

(a) injury or sickness,

(b) taking or using any prescribed or non-prescribed medication which is likely to interfere with the ability to perform such functions,

(c) receipt of any medical, surgical or other treatment that is likely to interfere with the ability to perform such functions,

(d) the effects of any psychoactive substance, or

(e) fatigue.

(2) If paragraph (3) applies, an individual (“P”) who holds a medical certificate issued under regulation 73(1) must inform the licensee’s approved aeromedical examiner as soon as possible about P’s condition and seek medical advice.

(3) This paragraph applies if—

(a) the individual concerned (“P”) suffers any personal injury which means that P is not capable of undertaking P’s functions as a member of the crew or a remote pilot,

(b) P suffers any significant illness which means that P is not capable of undertaking P’s functions as a member of the crew or a remote pilot,

(d) P has undergone a surgical operation or invasive procedure,

(e) P has commenced or changed the regular use of any medication,

(f) P is admitted to a hospital or medical clinic, or

(g) P first requires correcting glasses or contact lenses.

(4) P must receive a medical assessment by the spaceflight operator’s approved aeromedical examiner to confirm whether P is fit to take part in spaceflight activities—

(a) once P has recovered from—

(i) an injury or illness within paragraph (3)(a) or (b), or

(ii) an operation or procedure referred to in paragraph (3)(d);

(b) once P has been discharged from the hospital or clinic referred to in paragraph (3)(f);

(d) when the condition referred to in paragraph (3)(e) or (f) applies.

(5) The spaceflight operator’s approved aeromedical examiner must consult an approved medical assessor appointed by the regulator in relation to that assessment, and may only determine that P is fit for the purposes of paragraph (4) if the approved medical assessor agrees.

(6) A person who fails to comply with a requirement in paragraph (1), (2) or (4) commits an offence.

(7) A person who is guilty of an offence under paragraph (6) 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 level 5 on the standard scale.

Disability

75

If a spaceflight participant with a disability or reduced mobility has been certified as being fit to fly under regulation 73(1), the spaceflight operator may make arrangements for that participant to take part in a spaceflight if—

(a) doing so would not compromise the safety of the flight;

(b) the presence of an individual with that disability or reduced mobility would not impede or obstruct any member of the crew or spaceflight participant in carrying out their functions during the course of the flight, including executing emergency procedures or leaving the launch vehicle.

Validity of medical certificate

76

(1) Subject to paragraph (3), a medical certificate is valid for the period which is stated in the certificate.

(2) The period referred to in paragraph (1) may not be more than 12 months.

(3) The medical certificate is suspended—

(a) if the subject of the certificate (“S”) suffers a personal injury which means that S is not capable of undertaking S’s functions as a member of the crew, from the date on which the injury occurred,

(b) if S suffers any significant illness which means that S is not capable of undertaking S’s functions as a member of the crew, during the period of S’s illness, or

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