The Space Industry Regulations 2021

• “health review” has the meaning given in regulation 144;

• “launch vehicle task specialist” means a spaceflight participant who performs specialised tasks on board the launch vehicle;

• “mSv” means one thousandth of a sievert;

• “overexposure” means in relation to a crew member performing duties for a spaceflight operator— in relation to a classified crew member, that the crew member has received an effective dose of cosmic radiation that exceeds 20 mSv in a calendar year; in relation to any other crew member, that the crew member has received an effective dose of cosmic radiation that exceeds 6 mSv in a calendar year.

• (2) For the purposes of this Part a launch vehicle task specialist is treated as a crew member.

• (3) References in this Part to a crew member in relation to a spaceflight operator are to a crew member of a carrier aircraft or launch vehicle which takes part in the operator’s spaceflight activities.

• (4) References in this Part to cosmic radiation do not include cosmic radiation prevailing at ground level.

CHAPTER 2 — Generally applicable provisions

Authorisation and prohibition on exposure

135

• (1) No spaceflight operator may employ or otherwise engage an individual to perform duties as a crew member on a launch vehicle or carrier aircraft that would render the individual liable to receive an effective dose of cosmic radiation that exceeds 6 mSv in a calendar year unless the individual is a classified crew member (see regulation 142).

• (2) No spaceflight operator may employ or otherwise engage an individual to perform duties as a classified crew member on a launch vehicle or carrier aircraft that would render the individual liable to receive an effective dose of cosmic radiation that exceeds 20 mSv in a calendar year (see regulation 142).

Risk of exposure of crew members to cosmic radiation

136

• (1) Subject to paragraph (2), a spaceflight operator must ensure that a suitable and sufficient assessment of the magnitude of the risk to crew members from exposure to cosmic radiation in the course of performing their duties on board a launch vehicle or a carrier aircraft (an “exposure assessment”) is conducted before carrying out the operator’s spaceflight activities.

• (2) Where a spaceflight operator has completed an exposure assessment (the “previous exposure assessment”) in relation to the operator’s spaceflight activities involving the launch vehicle or carrier aircraft, no further exposure assessment needs to be conducted in relation to those activities, but a further assessment must be conducted if—

• (a) the spaceflight operator has reason to suspect that the previous exposure assessment is no longer valid,

• (b) there has been a material change to the matters to which the previous exposure assessment relates, or

• (c) the spaceflight operator has reasonable cause to believe that a crew member has received an overexposure while performing duties for the spaceflight operator on board the launch vehicle or the carrier aircraft.

• (3) The spaceflight operator must take into account the results of the most recent exposure assessments it has conducted in relation to the operator’s spaceflight activities when managing the operation of the launch vehicle or carrier aircraft, with a view to minimising as far as reasonably possible the exposure of crew members to cosmic radiation.

• (4) In carrying out an exposure assessment the spaceflight operator must take into account any existing legal requirements relating to safety.

Requirements to assess and inform

137

• (1) A spaceflight operator must—

• (a) take appropriate measures to assess the exposure to cosmic radiation of each crew member,

• (b) take into account the assessed exposure when organising working schedules, with a view to reducing the doses of highly exposed crew, and

• (c) inform each crew member of their dose as assessed under sub-paragraph (a).

• (2) “Assess” and “highly exposed” have the same meaning as in Article 35 of the Directive.

Protection of pregnant crew

138

• (1) A spaceflight operator must inform all crew members of the importance of giving early notification of pregnancy to the spaceflight operator in view of the risks of exposure to the unborn child.

• (2) If the suspension of a pregnant crew member’s medical certificate is lifted in accordance with regulation 76(5)(a), a spaceflight operator must ensure that—

• (a) the conditions of exposure to cosmic radiation for the crew member in the context of her duties are such that the equivalent dose to the unborn child is as low as reasonably achievable, and

• (b) it is unlikely that that dose will exceed 1 mSv during the remainder of the pregnancy.

• (3) In this regulation, “equivalent dose” has the meaning given in Article 4(33) of the Directive.

Monitoring of exposure to cosmic radiation: crew other than classified crew

139

• (1) A spaceflight operator must ensure that the exposure to cosmic radiation of crew members who are not classified crew members is monitored to such an extent as is sufficient to identify any crew members who should be classified under regulation 143.

• (2) Monitoring of the crew of a carrier aircraft or a launch vehicle under this regulation may be undertaken by proper use of any of the following computer programs, which calculate the effective dose of cosmic radiation received by an individual on board a carrier aircraft or a launch vehicle, or of a computer program that performs an equivalent function—

• (a) CARI-7;

• (b) EPCARD;

• (c) SIEVERT PN;

• (d) PCAire.

• (3) In this regulation—

• (a) “CARI-7” means the computer programme of the same name, developed by the Federal Aviation Administration’s Civil Aerospace Medical Institute;

• (b) “EPCARD” means the European Program Package for the Calculation of Aviation Route Doses, developed by the Institute of Radiation Protection at Helmholtz Zentrum Munich, German Research Centre for Environmental Health;

• (c) “SIEVERT PN” means the computer programme of the same name, developed by the Institut De Radioprotection et de Surete Nucleaire;

• (d) “PCAire” means the computer programme of the same name, developed by PCAire Inc.

Provision of information and training to crew

140

• (1) A spaceflight operator must ensure that each crew member is given appropriate information and training about—

• (a) the health risks arising from exposure to cosmic radiation while performing the crew member’s duties on board the carrier aircraft or the launch vehicle,

• (b) the spaceflight operator’s procedures for conducting an exposure assessment mentioned in regulation 136(1), and

• (c) the spaceflight operator’s procedures for assessing and monitoring crew exposure to cosmic radiation.

• (2) The spaceflight operator must ensure that training under paragraph (1) is given before the crew member performs any duties on board the carrier aircraft or launch vehicle.

Overexposure

141

• (1) Where a spaceflight operator has reasonable cause to believe that a crew member has received an overexposure while performing duties for that operator on board a launch vehicle or a carrier aircraft, the spaceflight operator must immediately conduct an investigation in order to conclude beyond reasonable doubt that no overexposure has occurred (a “negative conclusion”).

• (2) If the spaceflight operator is not able to reach a negative conclusion within fourteen days beginning with the date on which the investigation commenced (the “fourteen day period”), an overexposure is deemed to have occurred and the spaceflight operator must—

• (a) immediately—

• (i) notify the regulator of the overexposure,

• (ii) where the crew member is a classified crew member, notify the approved doctor who undertook the crew member’s most recent medical examination or health review of the overexposure, and

• (iii) take appropriate steps to notify the crew member affected of the overexposure,

• (b) where requested by the crew member, immediately arrange for an approved doctor to undertake a medical examination of the crew member in relation to the overexposure, and

• (c) as soon as is reasonably practicable after the fourteen day period, conduct such investigation as is necessary to determine—

• (i) the dose of cosmic radiation received by the crew member, so far as is reasonably practicable, and

• (ii) the necessary measures, if any, to be taken to prevent a recurrence of the overexposure.

• (3) Where an investigation is conducted under paragraph (2)(c), the spaceflight operator must immediately upon the conclusion of the investigation—

• (a) notify the regulator, and

• (b) take appropriate steps to notify the crew member affected,

of the results of the investigation and any determination as to the necessary measures to be taken to prevent a recurrence of the overexposure.

• (4) A spaceflight operator who determines that there are measures necessary to be taken to prevent a recurrence of the overexposure must implement those measures as soon as practicable after such a determination is reached.

• (5) A spaceflight operator who conducts an investigation pursuant to paragraph (1) must ensure that a report of the investigation is retained until the second anniversary of the date on which the investigation was commenced.

• (6) A spaceflight operator who conducts an investigation pursuant to paragraph (2)(c) must ensure that a report of the investigation is retained until the later of—

• (a) the 75th anniversary of the birth of the crew member affected, whether or not the crew member survives until that date, and

• (b) the 30th anniversary of the date on which the investigation was commenced.

Continued working of overexposed crew

142

• (1) No spaceflight operator may employ or engage a crew member who has received an overexposure to perform duties on board a launch vehicle or a carrier aircraft that would render the crew member liable to receive an effective dose of cosmic radiation that exceeds X mSv for the remainder of the calendar year.

• (2) In paragraph (1), “X” is the lower of—

• (a) the dose limit applicable to the crew member divided by 365 and multiplied by the number of days in the remainder of the calendar year, and

• (b) the dose limit applicable to the crew member minus the effective dose of radiation received by the crew member for the calendar year to the date on which the crew member received the overexposure, excluding the dose resulting in the overexposure.

• (3) A spaceflight operator employing or engaging a crew member who has received an overexposure to perform duties on board a launch vehicle or a carrier aircraft must inform the crew member of the dose limit applicable to the crew member.

• (4) Where an overexposure received by a crew member was caused by exceptional circumstances beyond the control of the spaceflight operator, the dose resulting in the overexposure is not to be included in any assessment of the crew member’s effective dose for the purposes of regulation 135.

• (5) In this regulation—

• (a) the “dose limit applicable to the crew member” is —

• (i) for classified crew members, 20 mSv;

• (ii) for all other crew members, 6 mSv;

• (b) the “remainder of the calendar year” begins with the day after the date on which the crew member received the overexposure and ends with the last day of the calendar year.

CHAPTER 3 — Provisions relating to classified crew

Classification of crew

143

• (1) Subject to paragraph (2), a spaceflight operator may classify a crew member for the purpose of regulation 135(1) and (2) and a crew member classified under this regulation is referred to in this Part as a “classified crew member”.

• (2) A spaceflight operator must not classify a crew member unless—

• (a) at the crew member’s most recent medical examination or health review, under regulation 144, an approved doctor determined that the crew member is—

• (i) fit to work as a classified crew member, or

• (ii) fit, subject to certain conditions, to work as a classified crew member, and

• (b) in a case within sub-paragraph (a)(ii), the conditions are complied with.

• (3) A spaceflight operator must, as soon as is practicable following a crew member’s most recent medical examination or health review under regulation 144, review the suitability of the crew member for the crew member’s classification, having regard to the results of—

• (a) any monitoring under regulation 139 or 146 undertaken in relation to the crew member since the beginning of the year in which the medical examination or health review takes place,

• (b) the crew member’s most recent medical examination or health review under regulation 144, and

• (c) any other medical examination the crew member has been subject to since the date of the crew member’s most recent medical examination or health review under regulation 144.

• (4) A spaceflight operator must cease to classify a crew member as a classified crew member if—

• (a) at the crew member’s most recent medical examination or health review, in accordance with regulation 144, an approved doctor determines that the crew member is—

• (i) unfit to work as a classified crew member, or

• (ii) fit, subject to certain conditions, to work as a classified crew member, and

• (b) in a case within sub-paragraph (a)(ii), the conditions are not complied with.

Medical surveillance

144

• (1) A spaceflight operator must ensure that—

• (a) before classifying a crew member as a classified crew member, the crew member undergoes a medical examination by an approved doctor to determine the crew member’s fitness to perform duties as a classified crew member, and

• (b) each classified crew member has at least one review of their health (“health review”) by an approved doctor once in every 12 months to determine whether the crew member remains fit to perform their duties.

• (2) For the purposes of paragraph (1), every crew member must submit to such a medical examination or health review when required by the spaceflight operator to do so.

• (3) A spaceflight operator must ensure that the approved doctor who performs an examination or health review in accordance with paragraph (1)—

• (a) determines that the crew member is—

• (i) fit to work as a classified crew member,

• (ii) fit, subject to certain conditions, to work as a classified crew member, or

• (iii) unfit to work as a classified crew member, and

• (b) in a case within sub-paragraph (a)(ii), specifies the conditions concerned.

• (4) A spaceflight operator must, as soon as reasonably practicable, notify the crew member concerned of—

• (a) the determination made by the approved doctor of the crew member’s fitness under paragraph (3)(a), and

• (b) any conditions the approved doctor has specified in relation to the crew member under paragraph (3)(b).

• (5) A spaceflight operator must allow an approved doctor access to any information the approved doctor may reasonably require in relation to the approved doctor’s functions under this regulation.

Health records

145

• (1) A spaceflight operator must ensure that a health record is created in respect of each classified crew member.

• (2) A “health record” is a written document containing the information specified in Schedule 6.

• (3) A spaceflight operator must ensure that each health record is—

• (a) maintained while the crew member to whom it relates is classified by the spaceflight operator as a classified crew member, and

• (b) retained until the later of—

• (i) the 75th anniversary of the birth of the crew member, whether or not the crew member survives until that date, and

• (ii) the 30th anniversary of the date on which the crew member was last exposed to cosmic radiation in the course of performing duties for the spaceflight operator on board a carrier aircraft or launch vehicle.

• (4) A crew member may request a copy of their health record.

• (5) An approved doctor may request a copy of the health record in respect of a crew member whom the approved doctor has examined, is due to examine, or whose health the approved doctor has reviewed, or is due to review, in accordance with regulation 144(1) in connection with the performance of the approved doctor’s functions under that regulation.

• (6) A spaceflight operator must, within a reasonable time of receiving a request under paragraph (4) or (5), ensure that a copy of the health record is produced to the crew member or approved doctor.

• (7) The spaceflight operator must take measures to ensure that a health record is protected as confidential information, and not disclosed otherwise than in accordance with this regulation or to an approved medical assessor for the purposes of that assessor performing duties as a medical assessor.

Monitoring of exposure to cosmic radiation: classified crew

146

• (1) A spaceflight operator must ensure that the exposure to cosmic radiation of each classified crew member is individually monitored.

• (2) Monitoring of the crew of a carrier aircraft or a launch vehicle under this regulation may be undertaken by proper use of any of the following computer programs, which calculate the effective dose of cosmic radiation received by an individual on board a carrier aircraft or a launch vehicle, or of a computer program that performs an equivalent function—

• (a) CARI-7;

• (b) EPCARD;

• (c) SIEVERT PN;

• (d) PCAire.

• (3) In this regulation, “CARI-7”, “EPCARD”, “SIEVERT PN” and “PCAire” have the same meaning as in regulation 139.

Records of exposure to cosmic radiation of classified crew

147

• (1) A spaceflight operator must maintain a record of all monitoring undertaken under regulation 146.

• (2) A record under paragraph (1) is a written document containing—

• (a) the crew member’s—

• (i) name,

• (ii) date of birth,

• (iii) gender, and

• (iv) nationality,

• (b) the name and address of the crew member’s employer, where it is not the spaceflight operator, and

• (c) the start date of the period to which the monitoring relates and, where possible, the end date.

• (3) An operator must ensure that a record under paragraph (1) is retained until the later of—

• (a) the 75th anniversary of the birth of the crew member to whom the record relates, whether or not the crew member survives until that date, and

• (b) the 30th anniversary of the date on which the crew member was last exposed to cosmic radiation in the course of performing duties for the spaceflight operator on board a launch vehicle or a carrier aircraft.

• (4) On or before 31st March of each calendar year the spaceflight operator must submit to the regulator a copy of all records under paragraph (1) relating to the previous calendar year.

Access to records of individual exposure to cosmic radiation

148

• (1) An interested person may request that a spaceflight operator cause to be produced to the interested person a copy of the record required to be maintained under regulation 147 in relation to a crew member specified in that request.

• (2) “Interested person” means—

• (a) the crew member to whom the record relates,

• (b) another spaceflight operator (“O”), or a person other than O employing or otherwise engaging the crew member to perform duties for O on board a launch vehicle or a carrier aircraft, where the request is made for the purpose of complying with O’s requirements in relation to the crew member under this Part,

• (c) any approved doctor who makes the request—

• (i) in relation to an examination or health review the approved doctor is due to perform, or has performed, in accordance with regulation 144 of the crew member to whom the record relates, and

• (ii) in connection with making a determination as mentioned in paragraph (3) of that regulation.

• (3) The spaceflight operator must, within a reasonable time of receiving a request under paragraph (1), cause a copy of the record to be produced to the person who requested it.

• (4) The spaceflight operator must take measures to ensure that all records referred to in paragraph (1) are protected as confidential information, and not disclosed otherwise than in accordance with this regulation or to an approved medical assessor for the purposes of that assessor performing duties as a medical assessor.

CHAPTER 4 — Instruction of experts

Instruction of experts

149

• (1) A spaceflight operator must instruct a suitably qualified person to review the processes implemented by the spaceflight operator to comply with the regulations in this Part.

• (2) The spaceflight operator must ensure that the review referred to in paragraph (1) is completed within a reasonable period of the spaceflight operator commencing the operator’s spaceflight activities which involve employing or engaging a crew member to perform duties on board a launch vehicle or a carrier aircraft.

• (3) A spaceflight operator must pay due regard to the results of any review undertaken under paragraph (1).

• (4) A spaceflight operator must provide the person instructed under paragraph (1) with any information and facilities that the person reasonably requests for the purpose of performing their review.

• (5) The spaceflight operator must take measures to ensure that any information provided under paragraph (4) is protected as confidential information and not disclosed otherwise than in accordance with this regulation or to an approved medical assessor for the purposes of that assessor performing duties as a medical assessor.

CHAPTER 5 — Consequential amendments to Air Navigation Order

Consequential amendments

150

In consequence of the provisions of this Part, the amendments to the Air Navigation (Cosmic Radiation: Protection of Air Crew and Space Crew and Consequential Amendments) Order 2019[^f00047] in Schedule 7 have effect.

PART 10 — Spaceport safety

CHAPTER 1 — Interpretation

Interpretation

151

In this Part—

• “current safety case” means— if it is the first safety case, the safety case which the regulator is satisfied meets the requirements of regulation 36, or if it is a safety case reviewed, or reviewed and revised, under regulation 155, the safety case reviewed, or reviewed and revised, and accepted by the regulator in accordance with that regulation;

• “licensed activities” means the activities that a person is authorised to carry out by virtue of a spaceport licence;

• “operational area” means any area of a spaceport where licensed activities are undertaken and includes any runway, taxiway, launch pad, test stand, hazardous material storage facility, hazardous material handling or venting area, static engine test area or area within a safety clear zone;

• “safety case” is to be construed in accordance with regulation 36;

• “safety clear zone” means an area which is subject to restrictions, exclusions and warnings during the carrying out of hazardous pre-flight and post-flight operations;

• “spaceport manual” is to be construed in accordance with regulation 164;

• “spaceport operating staff” means an employee or agent of the licensee whose duties— are concerned with ensuring that the spaceport is safe and secure for use by carrier aircraft, launch vehicles and any payload to be carried by a launch vehicle, or require them to have access to an operational area.

CHAPTER 2 — A spaceport licensee’s safety duty

A spaceport licensee’s safety duty

152

• (1) A spaceport licensee must ensure that its licensed activities are carried out safely.

• (2) A spaceport licensee carries out its licensed activities safely by carrying them out—

• (a) in accordance with the current safety case by—

• (i) preventing a major accident from occurring, and

• (ii) mitigating the consequences of such an accident if it does occur.

CHAPTER 3 — Horizontal spaceport location requirement

Horizontal spaceport location requirement

153

A horizontal spaceport must be located at an aerodrome which is either—

• (a) certified, or

• (b) CAA licensed.

CHAPTER 4 — Safety case: retention, review and revision

Requirement to retain the safety case

154

A spaceport licensee must retain its current safety case for the duration of the licence.

Safety case review and revision requirement

155

• (1) A spaceport licensee must review and, where necessary, revise its current safety case—

• (a) no more than five years after the date on which the licence was granted, and

• (b) at intervals not exceeding five years following the first review mentioned in sub-paragraph (a).

• (2) Despite paragraph (1), the spaceport licensee must review and, where necessary, revise its current safety case—

• (a) following an occurrence at the spaceport;

• (b) where it becomes aware of an occurrence that has occurred elsewhere and which may affect the safe operation of the spaceport;

• (c) where a review is justified by new facts or by technological knowledge about safety matters, including knowledge arising from analysis of accidents or occurrences;

• (d) where a review is justified by developments in knowledge concerning the assessment of hazards;

• (e) before—

• (i) making modifications to the spaceport,

• (ii) making changes to the licensed activities,

• (iii) a new carrier aircraft or launch vehicle operates from the spaceport,

• (iv) a new payload is to be carried by a launch vehicle operating at the spaceport, or

• (v) introducing new types of hazardous material to the spaceport, or increasing the quantities of hazardous material that are to be transported on or stored at the spaceport,

where such changes could have material consequences for risk;

• (f) following any change to the safety management system which may introduce new risks or hazards or change the nature of existing hazards;

• (g) if the regulator directs the spaceport licensee to review, or review and revise, its current safety case.

• (3) In carrying out a review of a safety case the spaceport licensee must take into account the spaceport licensee’s safety duty under regulation 152.

Steps required after review, or review and revision, of safety case

156

• (1) Where a spaceport licensee revises its safety case it must supply to the regulator without delay and, where regulation 155(2)(e) applies, in advance of the proposed change—

• (a) the revised safety case, and

• (b) any other information about the revision of the safety case which the regulator requires.

• (2) Where a safety case has been reviewed under regulation 155 and a decision has been taken not to revise it, the spaceport licensee must without delay—

• (a) inform the regulator in writing, and

• (b) provide the regulator with written reasons for that decision.

• (3) Until the spaceport licensee has received the regulator’s confirmation in writing that it accepts the revised safety case supplied to it under paragraph (1), the licensee must not implement any changes to its licensed activities as a result of any revision of that safety case.

CHAPTER 5 — Safety clear zones

Safety clear zone requirement

157

• (1) A spaceport licensee must, unless paragraph (2) applies, put in place an appropriate safety clear zone to ensure that the risk to any person from blast overpressure, fragmentation debris, thermal radiation or toxic release is as low as reasonably practicable during any hazardous pre-flight and post-flight operations.

• (2) This paragraph applies if the current safety case demonstrates that a safety clear zone is not required for the hazardous pre-flight or post-flight operations.

• (3) A spaceport licensee must—

• (a) promulgate the times at which a safety clear zone is in place,

• (b) promulgate the area that comprises the safety clear zone,

• (c) ensure that the safety clear zone is monitored at all times, and

• (d) secure that arrangements are in place to ensure that no person is inside the safety clear zone unless the person’s presence there is essential for the carrying out of spaceflight activities or for the performance of duties connected with such activities.

• (4) For the purposes of paragraph (1), an appropriate safety clear zone is one which is determined by the assessment made in the spaceport licensee’s current safety case.

CHAPTER 6 — Hazardous material, testing areas and safety equipment at spaceports

Hazardous material storage facilities: location requirements and plan

158

• (1) A spaceport licensee must designate, in accordance with paragraph (2), appropriate areas at the spaceport for the safe storage of any hazardous material (“hazardous material storage facilities”).

• (2) For the purposes of paragraph (1), whether an area is appropriate for the siting of a hazardous material storage facility must be determined in the light of—

• (a) the assessment made in the spaceport licensee’s current safety case, and

• (b) the types and quantities of hazardous material to be stored.

• (3) The spaceport licensee must identify on the site plan required under regulation 36(4)(d)—

• (a) the location of all hazardous material storage facilities at the spaceport;

• (b) the maximum quantity of hazardous material to be stored at each facility, including the type of hazardous material and, if applicable, its hazard type;

• (c) actual and minimum separation distances between each hazardous material storage facility and—

• (i) any other hazardous material storage facility at the spaceport;

• (ii) an inhabited building;

• (iii) a public road or railway line;

• (iv) a public area.

• (4) The spaceport licensee must ensure that any hazardous material storage facility is clearly marked in a manner appropriate to the hazardous material stored.

• (5) For the purposes of this regulation—

• “hazard type” has the same meaning as in the Explosives Regulations 2014[^f00048];

• “inhabited building” means any building in or at which people are, or are likely to be, present either all the time or from time to time;

• “minimum separation distance” means the minimum distance which is appropriate in the light of the assessment made in the spaceport licensee’s current safety case, between a hazardous material storage facility and any other infrastructure or building listed in paragraph (3)(c)(i) to (iv);

• “public area” means any area within, or in the vicinity of, the spaceport and to which members of the public are allowed access;

• “public road” means any thoroughfare outside the spaceport on which the movement of vehicles is allowed.

Hazardous material: handling and venting areas

159

• (1) A spaceport licensee must designate appropriate areas at the spaceport for the handling and venting of any hazardous material.

• (2) Any area designated under paragraph (1) must be appropriate to the type and quantity of hazardous material and have a surface that is compatible with that type of hazardous material.

• (3) For the purposes of paragraphs (1) and (2), whether an area is appropriate must be determined in the light of the assessment made in the spaceport licensee’s current safety case.

Propellants etc.: fit for purpose requirement

160

• (1) Where a spaceport licensee is responsible for storing, transporting or handling any hazardous material, it must not cause or permit that hazardous material to be delivered to an installation unless satisfied that—

• (a) the installation is capable of storing and dispensing the hazardous material so as not to render it unfit for use in a carrier aircraft, launch vehicle or payload;

• (b) the installation is marked in a manner appropriate to the type of hazardous material stored or, if different types are stored in different parts, each part is so marked;

• (c) in the case of delivery from a vehicle, a ship or a vessel other than a ship, the hazardous material is of a type appropriate to that installation and is fit for use in a carrier aircraft, launch vehicle or payload.

• (2) A spaceport licensee must not cause or permit any hazardous material to be dispensed from an installation that it manages to a carrier aircraft, launch vehicle or payload unless satisfied that it is fit for use in that carrier aircraft, launch vehicle or payload.

• (3) Paragraphs (1) and (2) do not apply to any hazardous material which has been removed from a carrier aircraft, launch vehicle or payload and is intended for use in another carrier aircraft, launch vehicle or payload operated by the same operator as the carrier aircraft, launch vehicle or payload from which it has been removed.

• (4) The spaceport licensee must keep a written record for each installation that it manages, which must include detailed information about—

• (a) the type and quantity of hazardous material delivered and the date of delivery,

• (b) any samples taken of the hazardous material and the results of tests of those samples, and

• (c) the maintenance and cleaning of the installation.

• (5) The spaceport licensee must—

• (a) preserve the written record required under paragraph (4) for the period of 12 months beginning with the date of delivery referred to in paragraph (4)(a) or such longer period as the regulator may in a particular case direct, and

• (b) produce that record within a reasonable time after being requested to do so by the regulator.

• (6) In this regulation, “installation” means any apparatus or container, including a hazardous material storage facility or a vehicle, designed, manufactured or adapted for the storage or transportation of any hazardous material or for the delivery of any such material to a carrier aircraft, launch vehicle or payload.

Static engine test area

161

• (1) Where static engine testing of carrier aircraft, launch vehicles or payloads, or any other test of such a vehicle or craft which has the potential to cause a major accident hazard is to be carried out at a spaceport, the spaceport licensee must designate an appropriate area at the spaceport for the purposes of conducting those tests.

• (2) For the purposes of paragraph (1), whether an area is appropriate for the static engine or other testing of carrier aircraft, launch vehicles or payloads must be determined in the light of the assessment made in the spaceport licensee’s current safety case.

Safety equipment

162

If a spaceport licensee owns, manages or controls any system or ground equipment used to protect persons or property at the spaceport or to comply with these Regulations, that licensee must ensure that any such system or equipment is—

• (a) maintained in efficient working order and in good repair, and

• (b) thoroughly examined and, where appropriate, tested at suitable intervals.

CHAPTER 7 — Requirements about the spaceport licensee’s organisation and management

Safety management system requirement

163

A spaceport licensee must have in place a safety management system which complies with the requirements in Schedule 4.

Spaceport manual requirement

164

• (1) A spaceport licensee must have in place a spaceport manual, which in the case of a horizontal spaceport may be an annex to the existing aerodrome manual, which meets the requirements in paragraph (2).

• (2) The spaceport manual must contain all such information and instructions as may be necessary to enable each member of the spaceport operating staff to perform their duties as such including, in particular, information and instructions relating to the matters specified in Schedule 8.

• (3) The spaceport licensee must—

• (a) supply to the regulator any amendments or additions to the spaceport manual before or immediately after they come into effect,

• (b) without prejudice to sub-paragraph (a), make such amendments or additions to the spaceport manual as the regulator may require for the purpose of ensuring the safe operation of the spaceport and of any carrier aircraft, launch vehicle or payload at the spaceport, and

• (c) maintain the spaceport manual and make such amendments as may be necessary for the purpose of keeping its contents up to date.

• (4) The spaceport licensee must make available to each member of the spaceport operating staff a copy of the spaceport manual, or a copy of every part of the spaceport manual which is relevant to that person’s duties and ensure that each such copy is kept up to date.

• (5) The spaceport licensee must take all reasonable steps to secure that each member of the spaceport operating staff—

• (a) is aware of the contents of every part of the spaceport manual which is relevant to that person’s duties, and

• (b) undertakes those duties in conformity with the relevant provisions of the spaceport manual.

• (6) In this regulation “existing aerodrome manual” means the manual required to be in place under article 212(1)(d) of the Air Navigation Order 2016[^f00049].

CHAPTER 8 — Emergencies

Emergency response plan requirement

165

• (1) A spaceport licensee must have in place and maintain an emergency response plan for the spaceport.

• (2) The emergency response plan must—

• (a) detail how the spaceport licensee will respond in an emergency;

• (b) be appropriate for the licensed activities and spaceflight activities to be conducted at the spaceport;

• (c) provide for coordination with the relevant local authority and emergency services in response to an emergency occurring at, or in the vicinity of, the spaceport;

• (d) provide for the coordination of the spaceport emergency response plan with—

• (i) the spaceport safety management system,

• (ii) the emergency response plan of any other organisation at the spaceport, and

• (iii) the emergency response plans of those organisations with which the spaceport licensee must interact during the provision of the spaceport services.

• (3) The spaceport licensee must, at suitable intervals not exceeding three years—

• (a) test the emergency response plan, and

• (b) review and, where necessary, revise the plan.

• (4) The spaceport licensee must supply to the regulator before or immediately after they come into effect—

• (a) the results of any test of the emergency response plan conducted under paragraph (3)(a), and

• (b) details of the revisions, if any, it has made to the emergency response plan as a result of a review conducted under paragraph (3)(b).

• (5) For the purposes of this regulation—

• “relevant emergency services” means emergency services which are likely to be required to respond to an emergency at the spaceport;

• “relevant local authority” means the local authority in whose administrative area the spaceport is situated.

Spaceport rescue and fire-fighting provision

166

• (1) A spaceport licensee must ensure that rescue and firefighting personnel, facilities and equipment are provided at the spaceport in a timely manner.

• (2) The level, type and timeliness of provision under paragraph (1) must be appropriate taking account of—

• (a) the licensed activities and spaceflight activities to be conducted at the spaceport, and

• (b) the assessment made in the spaceport licensee’s current safety case.

Powers of spaceport firefighters in an emergency

167

• (1) A member of the Rescue and Fire Fighting Service at a spaceport may do anything at a spaceport that the member reasonably believes to be necessary—

• (a) if the member reasonably believes a fire to have broken out or to be about to break out, for the purpose of extinguishing or preventing the fire or protecting life or property,

• (b) if the member reasonably believes an accident to have occurred, for the purpose of rescuing people or protecting them from serious harm, or

• (c) for the purpose of preventing or limiting damage to property resulting from any action taken as mentioned in sub-paragraph (a) or (b).

• (2) In particular, a member of the Rescue and Fire Fighting Service at a spaceport, when acting in accordance with paragraph (1), may at the spaceport—

• (a) enter a launch vehicle, by force if necessary, without the consent of the owner or spaceflight operator;

• (b) restrict the access of persons to a launch vehicle or a place.

• (3) A person who without reasonable excuse obstructs or interferes with a member of the Rescue and Fire Fighting Service at a spaceport taking authorised action under this regulation commits an offence.

• (4) A person who commits an offence under paragraph (3) 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.

PART 11 — Security

CHAPTER 1 — Interpretation

Interpretation

168

In this Part—

• “appropriate authorities” has the meaning given in regulation 184(3);

• “controlled area” means a space site security restricted area which— has US technology, has launch activities taking place in that area, is designated as a controlled area by the Secretary of State, and is prescribed as a controlled area under paragraph 1(1)(a) of Schedule 5 to the Act;

• “essential services” means services which are essential for the maintenance of critical societal or economic activities;

• “foreign spacecraft” has the meaning given in the Technology Safeguards Agreement;

• “launch activities” has the meaning given in the Technology Safeguards Agreement;

• “NASP directed aerodrome” means an aerodrome which is subject to the direction of the Secretary of State under sections 12, 13, 13A, 14 and 15 of the Aviation Security Act 1982[^f00050];

• “network and information systems” has the meaning given in regulation 185(3);

• “non-US vehicle” has the same meaning as “Foreign Launch Vehicle” has in the Technology Safeguards Agreement;

• “notifiable incident” has the meaning given in regulation 186(2);

• “security” in connection with network and information systems has the meaning given in regulation 186(2);

• “security operative” means an individual who is engaged by the security manager to perform security functions on behalf of a licensee at a space site;

• “segregated area” means an area within a space site which is designated as a segregated area jointly by the Secretary of State and the US Government and is prescribed by the Secretary of State as a segregated area under paragraph 1(1)(a) of Schedule 5 to the Act where the licensee permits access only to persons authorised by the US Government to ensure that on an uninterrupted basis they can monitor, inspect, access and control access to US technology for the purposes of conducting launch activities;

• “spaceflight operations” means— spaceflight activities; range control services; activities associated with spaceflight activities and range control services; activities associated with launch vehicles and their payloads;

• “space site security restricted area” means an area within a space site designated by the Secretary of State for the purposes of the assembling and integration of launch vehicles or carrier aircraft[^f00051], mating of launch vehicles or carrier aircraft to their payloads, and mission management or range control services where such activities require restricted access;

• “special launch operator” means a person who holds a launch operator licence which authorises the launch of a US launch vehicle or of a launch vehicle carrying a US spacecraft;

• “supplies” has the meaning given in regulation 177(2);

• “supplier” has the meaning given in regulation 179(4);

• “Technology Transfer Control Plan” has the meaning given in the Technology Safeguards Agreement;

• “unauthorised access or interference” in connection with the security of systems relating to spaceflight operations has the meaning given in regulation 185(3);

• “unlawful occurrences” has the meaning given in regulation 185(3);

• “UK participants”, “US launch vehicles”, “US licensees”, “US participants”, “US related equipment” and “US spacecraft” have the meanings given in the Technology Safeguards Agreement;

• “US” means the United States of America;

• “US technology” means any US launch vehicles, US related equipment, US technical data or US spacecraft;

• “valid” has the meaning given in regulation 173(8).

CHAPTER 2 — Physical and personnel security

Responsibilities of a security manager

169

A security manager is responsible for—

• (a) setting security policy, standards and targets,

• (b) writing security instructions for staff carrying out security functions,

• (c) making decisions affecting security operations,

• (d) developing and managing security contingency planning,

• (e) undertaking a security risk assessment,

• (f) ensuring that individuals carrying out security functions have appropriate training and qualifications and have been vetted in accordance with national security vetting procedures to carry out such functions, and

• (g) managing security quality control.

Space site security programme

170

• (1) Where there is a requirement to appoint a security manager for a space site[^f00052] under Chapter 1 of Part 3 (eligibility criteria and prescribed roles for licensees), the security manager must draw up and maintain a security programme in respect of the space site for which that manager is responsible.

• (2) The programme may, in the case of horizontal spaceports, be an annex to the existing aerodrome security plan.

• (3) The licensee must comply with the requirements of the programme.

• (4) The programme must—

• (a) comply with the requirements mentioned in paragraph (5), and

• (b) describe the methods and procedures mentioned in paragraph (6).

• (5) The requirements are that the programme must—

• (a) be kept up to date,

• (b) be reviewed no more than 12 months after the date on which the licence was granted and, subsequently, at intervals not exceeding 12 months,

• (c) be sent to the regulator as soon as possible following a review referred to in sub-paragraph (b),

• (d) comply with international obligations of the United Kingdom and be consistent with such obligations,

• (e) be site specific and proportionate to the type of activities being carried out on the site, and

• (f) be based on a security risk assessment which—

• (i) has been carried out by the security manager,

• (ii) is reviewed no more than 12 months after the date on which the licence was granted and, subsequently, at intervals not exceeding 12 months, and

• (iii) is kept up to date.

• (6) The programme must describe—

• (a) any physical barrier for the space site provided under regulation 172,

• (b) the access controls to the space site put in place to prevent unauthorised access provided under regulation 173,

• (c) the space site security restricted areas and controlled areas at the site (see regulation 174),

• (d) the access controls for emergency services and post-emergency security procedures provided under regulation 175,

• (e) security controls relating to prohibited articles (see regulation 176),

• (f) the access controls for supplies, payloads and launch vehicles provided under regulations 177 and 178,

• (g) guidance and procedures for assuring and approving suppliers (see regulation 179),

• (h) the methods and procedures for surveillance of space sites provided under regulation 180,

• (i) procedures for protection of hazardous material from unauthorised interference (see regulation 181),

• (j) the methods and procedures for protection of carrier aircraft, launch vehicles and payloads at a spaceport pre- and post-integration (see regulations 182 and 183),

• (k) the training, qualifications and national security vetting procedures necessary for individuals carrying out security functions at the space site provided under regulations 187 to 190,

• (l) the procedures in place for protection of US technology at the site (see regulations 192 to 202),

• (m) the security measures in place for a space site used in connection with the provision of range control services, and

• (n) how compliance with methods and procedures specified in the programme is to be monitored by the security manager.

• (7) In this regulation—

• “existing aerodrome security plan” means the plan in force in relation to the aerodrome under section 24AE of the Aviation Security Act 1982[^f00053];

• “post-emergency security procedures” means the checks carried out by the licensee of all the areas that the emergency services have accessed after the emergency services have left the site to ensure that there has been no breach of security as set out in the space site security programme.

Operator security programme

171

• (1) Where there is a requirement to appoint a security manager under Chapter 1 of Part 3, the security manager for a spaceflight operator (“the security manager”) must draw up and maintain an operator security programme (“the programme”) for spaceflight activities in respect of which that manager is responsible.

• (2) The programme must be integrated with the space site security programme.

• (3) The spaceflight operator must comply with the requirements of the programme.

• (4) The programme must—

• (a) comply with the requirements mentioned in paragraph (5), and

• (b) describe the methods and procedures mentioned in paragraph (6).

• (5) The requirements are that the programme must—

• (a) be kept up to date,

• (b) be reviewed no more than 12 months after the date on which the licence was granted and, subsequently, at intervals not exceeding 12 months,

• (c) be sent to the regulator as soon as possible following a review referred to in sub-paragraph (b),

• (d) comply with international obligations of the United Kingdom and be consistent with those obligations,

• (e) be specific and proportionate to the spaceflight activities being carried out by the spaceflight operator, and

• (f) be based on a security risk assessment which—

• (i) has been carried out by the security manager,

• (ii) is reviewed no more than 12 months after the date on which the licence was granted and, subsequently, at intervals not exceeding 12 months, and

• (iii) is kept up to date.

• (6) The programme must describe—

• (a) the appropriate measures for protecting launch vehicles, payloads and carrier aircraft at the spaceport (see regulations 182 and 183),

• (b) the appropriate security controls for flight safety systems (see regulation 184),

• (c) the appropriate training, qualifications and national security vetting procedures necessary for individuals carrying out security functions for the operator (see regulations 187 to 190),

• (d) how compliance with methods and procedures mentioned in this paragraph is to be monitored by the security manager, and

• (e) the procedures in place for protection of US technology at the site (see regulations 192 to 202).

Access control to space sites: sufficient security measures

172

• (1) A licensee must take sufficient security measures to ensure that the space site for which they are responsible is secure from unauthorised access.

• (2) The security measures may include the installation of a temporary or permanent physical barrier around the site.

• (3) This regulation does not apply to a spaceport located at a NASP directed aerodrome.

Access control to space sites: further provisions

173

• (1) This regulation applies to the grant of access to a space site.

• (2) A licensee may only grant access to a space site if an individual or vehicle seeking to enter the site satisfies the conditions mentioned in paragraphs (3) to (5).

• (3) The conditions for granting access to the site are that—

• (a) there must be a legitimate reason for the individual or vehicle to be on the site,

• (b) the individual seeking access to the site must provide a reliable means of personal identification by providing—

• (i) an employee or licensee identification card,

• (ii) a national appropriate authority identification card, or

• (iii) an approved identification card, and

• (c) the individual seeking to bring a vehicle onto the site must provide the licensee with their details, and the details of the vehicle they seek to bring on site, prior to arrival.

• (4) In paragraph (3)(a) a legitimate reason for being on the site includes participation in guided tours of the site.

• (5) The identification mentioned in paragraph (3)(b) must be checked by an appropriately qualified and authorised security operative to ensure that the identification card is valid and corresponds to the holder before the holder is granted access to the site.

• (6) An individual who has been granted access to the site must display any of the personal identification cards mentioned at paragraph (3)(b) at all times whilst on the site.

• (7) This regulation does not apply to access for emergency services where they are responding to an emergency on the site.

• (8) In this regulation—

• “appropriate authority” means a public authority that is responsible for overseeing the operations of the individuals mentioned in the definition of “approved identification card”;

• “appropriately qualified and authorised security operative” means a security operative who has been trained in accordance with provisions set out in Chapter 4 of this Part and is authorised to carry out security functions on the space site by the licensee;

• “approved identification card” means a valid identification card issued by an appropriate authority to the following individuals including— officers of SAIA, CAA inspectors and auditors, a constable, officers of— the Health and Safety Executive, or the Health and Safety Executive for Northern Ireland, and inspectors of the Department for Environment, Food and Rural Affairs and its agencies;

• “employee identification card” means a valid identification card issued by an individual’s employer that clearly identifies an individual and the organisation they work for;

• “licensee identification card” means a valid identification card issued by the licensee that clearly identifies an individual and the licensee’s company;

• “national appropriate authority identification card” means a valid identification card issued by— the Secretary of State for the purposes of enabling the holder to enter a space site to carry out a security inspection to ensure that security operatives are compliant with security measures set out in this Part and in security guidance made under the Act, or the US Government to enable access to a space site security restricted area[^f00054] which has US technology, data or equipment;

• “valid” means current and not tampered with.

Space site security restricted area and controlled area

174

• (1) A licenseemust make a proposal to the Secretary of State for an area at a space site to be designated by the Secretary of State—

• (a) as a space site security restricted area (“the restricted area”), if the licensee intends to carry out the activities mentioned in paragraph (2) in that area, and

• (b) as a controlled area if paragraph (3)(a) or (b) applies.

• (2) The area proposed by the licensee must be designated by the Secretary of State as a restricted area for the purposes of—

• (a) assembling and integration of launch vehicles or carrier aircraft,

• (b) the mating of launch vehicles or carrier aircraft to their payloads, and

• (c) mission management or range control services where such activities require restricted access.

• (3) The restricted area must be designated as a controlled area by the Secretary of State where—

• (a) US technology is being used in that area, and

• (b) launch activities are taking place in that area.

• (4) The licensee must ensure that—

• (a) the restricted area or controlled area is clearly defined and that access to the area is controlled by a security operative or by electronic means as appropriate,

• (b) access to the restricted area or controlled area is limited to individuals who have been authorised to be in the area,

• (c) individuals seeking access to the restricted area or controlled area have valid identification as a condition of being admitted into the area,

• (d) individuals, payloads, launch vehicles, supplies and vehicles entering the restricted area or controlled area are subjected to appropriate levels of screening so that prohibited articles (see regulation 176) do not enter the area, and

• (e) individuals who have been granted access to the restricted area or controlled area display their identification at all times whilst in the area.

• (5) Where it is not possible to screen a payload or a launch vehicle entering the restricted area or controlled area due to its density or sensitivity, the operator must ensure that it obtains a declaration from the individual seeking to bring the payload or launch vehicle into the area confirming that the payload or launch vehicle has been protected from unauthorised interference or tampering during manufacture and transportation.

• (6) This regulation does not apply to access for the emergency services where they are responding to an emergency on the site.

Access control to space sites: emergency services

175

• (1) Where the emergency services are responding to an emergency at a space site the licensee must grant access to the emergency services without requiring them to be subject to the access control measures mentioned in regulations 173 and 174.

• (2) The licensee must draw up a plan relating to action to be taken following an emergency response at the site.

Security controls for prohibited articles

176

• (1) A licensee must apply appropriate and proportionate security controls to ensure that no prohibited articles are introduced onto the space site, launch vehicles or carrier aircraft either in vehicles, supplies or on persons.

• (2) Individuals other than spaceflight participants must not be permitted to carry onto the site the articles mentioned in paragraph (4).

• (3) Spaceflight participants must not be permitted to carry onto the site or on board a launch vehicle or carrier aircraft the articles mentioned in paragraph (5).

• (4) The prohibited articles for individuals other than spaceflight participants are—

• (a) guns, firearms and any other devices that are capable or appear capable of being used to cause injury by discharging projectiles,

• (b) any device designed specifically to stun or immobilise,

• (c) any explosives, incendiary substances and devices appearing capable of, or being used—

• (i) to cause injury, or

• (ii) to pose a threat to the safety of launch vehicles or carrier aircraft, and

• (d) any other article capable of being used to cause injury and which is not commonly used on the site.

• (5) The prohibited articles for spaceflight participants are—

• (a) the articles mentioned in paragraph (4),

• (b) any tools capable of being used either to cause injury or to threaten the safety of launch vehicles or carrier aircraft, and

• (c) any objects capable of being used to cause injury.

• (6) This regulation does not apply to a spaceport located at a NASP directed aerodrome.

• (7) Paragraphs (2) and (3) do not apply where—

• (a) an individual has been authorised by the licensee to carry prohibited articles onto the site,

• (b) the licensee has checked that the individual who is carrying one or more articles specified in paragraph (4) is the individual who has been authorised to do so, and

• (c) it is necessary for that individual to carry prohibited articles onto the site in order to undertake tasks that are essential for spaceflight operations or for the performance of duties connected with such operations.

• (8) The checking requirement in paragraph (7)(b) is only satisfied if the individual presents the authorisation which—

• (a) is either indicated on the identification card that grants access to the space site or in a separate declaration in writing, and

• (b) indicates the article or articles that may be carried either as a category or a specific article.

• (9) The checks mentioned in paragraph (7)(b) must be performed—

• (a) before the individual is allowed to carry the article or articles concerned onto—

• (i) the site, and

• (ii) on board the launch vehicle or carrier aircraft, and

• (b) when the individual is challenged by a security operative performing surveillance patrols on behalf of the licensee.

• (10) The articles specified in paragraph (4) may be stored on the site provided they are kept in secure conditions.

• (11) The articles specified in paragraph (5) may be stored on the site provided they are not accessible to spaceflight participants.

Security controls for supplies

177

• (1) A licensee must ensure that—

• (a) appropriate and proportionate security controls are applied to space site supplies entering a space site,

• (b) supplies are protected from unauthorised interference or tampering from the point at which security controls are applied until delivery to the site,

• (c) it is familiar with any security controls to be applied to supplies prior to delivery onto the site,

• (d) suppliers are informed of the requirements and restrictions to be imposed on supplies prior to entry onto the site,

• (e) the licensee retains the final authority to allow supplies to enter the site where the provision of security controls to be applied to supplies prior to delivery onto the site is under the control of third parties,

• (f) there are procedures in place to enable supplies entering the site to be inspected and screened, and

• (g) staff with access to supplies to which security controls have been applied have been recruited and given security awareness training in accordance with the requirements of the Act and Chapter 4 of this Part.

• (2) In this regulation—

• “space site supplies” means all items intended to be used, sold or made available for any purpose or activity on the space site, and

• “supplies” includes equipment but does not include payloads or launch vehicles and supplies shall be considered as space site supplies from the time that they are identifiable as supplies to be used, sold, or made available for any purpose or activity on the space site.

Security controls for payloads and launch vehicles

178

• (1) A spaceflight operator must—

• (a) ensure that security controls are applied to payloads and launch vehicles prior to entry into the space site security restricted area (“the restricted area”),