The Space Industry Regulations 2021

• (b) notify the spaceport licensee of the security controls to be applied to payloads and launch vehicles prior to the entry of payloads and launch vehicles into the restricted area,

• (c) obtain a signed declaration from a manufacturer of payloads and launch vehicles and a person responsible for transporting payloads and launch vehicles from their place of manufacture to the spaceport or other place from which the launch is to take place or takes place confirming that all reasonable steps have been taken to ensure the security of payloads and launch vehicles,

• (d) retain the final authority to allow any payloads and launch vehicles to enter the restricted area,

• (e) inform the individual mentioned in paragraph (3) of the security controls to be imposed on the payloads and launch vehicles, and

• (f) ensure that staff with access to payloads and launch vehicles to which security controls have been applied have been recruited and given security training in accordance with the requirements of the Act and Chapter 4 of this Part.

• (2) The signed declaration mentioned in paragraph (1)(c) must be provided to the spaceflight operator as a condition of the payloads and launch vehicles being admitted into the restricted area.

• (3) The individual to be informed of the security controls imposed on payloads and launch vehicles must be a responsible individual nominated by—

• (a) a manufacturer of payloads and launch vehicles,

• (b) an operator of payloads and launch vehicles, or

• (c) a person responsible for transporting payloads and launch vehicles from their place of manufacture to the spaceport.

Access control to space sites: approval of suppliers

179

• (1) A person wishing to be a supplier to a licensee must apply to the licensee for approval.

• (2) An application made under paragraph (1) must identify—

• (a) the identity of the intending supplier,

• (b) details of the supplies that the intending supplier proposes to provide,

• (c) the space site where the supplies are to be delivered,

• (d) details of individuals who will need access to the space site to deliver supplies, and

• (e) details of the intending supplier’s security procedures that describe how supplies are protected from unauthorised interference or tampering.

• (3) The licensee must provide the applicant with guidance which sets out how the application is to be assessed.

• (4) In this regulation “supplier” means a person who provides any items intended to be used, sold or made available for any purpose or activity on the space site.

Surveillance of space sites

180

• (1) A licensee must carry out ongoing surveillance of the space site in respect of which it is responsible, to ensure security of the site.

• (2) The surveillance to be carried out on the site—

• (a) must be appropriate and proportionate to the spaceflight operations being conducted on the site,

• (b) must not follow a predictable pattern, and

• (c) may be carried out by using technical equipment which is capable of recording, detecting or preventing security breaches.

• (3) The frequency and means of undertaking surveillance must be based on a security risk assessment conducted by the site security manager or the licensee if the space site does not have a security manager.

• (4) The security risk assessment referred to in paragraph (3) must take into account the—

• (a) size and layout of the site, including the number and nature of operations,

• (b) minimum response times for responding to a security incident, and

• (c) possibilities and means of undertaking surveillance.

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

Security controls: hazardous material

181

• (1) This regulation applies to hazardous material at the locations mentioned in paragraph (2).

• (2) The locations are—

• (a) an area at a spaceport designated as a hazardous material storage facility under regulation 158,

• (b) an area at a space site used by the licensee for the storage of any hazardous material,

• (c) an area at a spaceport designated for the handling or venting of any hazardous material under regulation 159,

• (d) an installation at a spaceport capable of storing or dispensing any hazardous material, and

• (e) an area at a spaceport designated for the testing of a launch vehicle under regulation 161 which has the potential to cause a major accident hazard.

• (3) A licensee must ensure that, at the locations referred to in paragraph (2)—

• (a) it takes into account any statutory or contractual prohibitions, restrictions or conditions which apply to the material,

• (b) there are appropriate measures in place to—

• (i) detect any unauthorised access to, or unlawful interference with, hazardous material, and

• (ii) respond to such unauthorised access to, or unlawful interference with, hazardous material.

• (4) In this regulation “installation” has the meaning given in regulation 160(6).

Protection of carrier aircraft, launch vehicle or payload: pre-integration

182

• (1) This regulation applies—

• (a) to a carrier aircraft prior to integration with a launch vehicle at a spaceport or other place from which the launch is to take place,

• (b) to a payload prior to integration with a launch vehicle at a spaceport or other place from which the launch is to take place, and

• (c) to a launch vehicle at a spaceport or other place from which the launch is to take place or takes place,

regardless of where a carrier aircraft or launch vehicle is parked or kept at the spaceport or other place.

• (2) A licensee must—

• (a) take all practicable measures to ensure that the carrier aircraft, launch vehicle or payload is protected from unauthorised access or interference,

• (b) ensure that it complies with international obligations of the United Kingdom relating to security of the carrier aircraft or launch vehicle, and

• (c) ensure that it complies with any applicable legislation relating to a NASP directed aerodrome.

Protection of carrier aircraft, launch vehicle or payload: post-integration

183

• (1) This regulation applies to security arrangements which are applicable once a payload has been integrated with a carrier aircraft or launch vehicle at a spaceport or other place from which the launch is to take place or takes place.

• (2) A spaceflight operator must ensure that—

• (a) the payload, carrier aircraft and the launch vehicle are protected from unauthorised access or interference, and

• (b) it complies with any applicable legislation relating to a NASP directed aerodrome.

Security controls for flight safety systems

184

• (1) A spaceflight operator must apply the appropriate security controls to all aspects of a flight safety system, including elements of that system within the launch vehicle.

• (2) Security controls are appropriate if they ensure that—

• (a) the system is not prevented from functioning as intended due to external interference,

• (b) the system is transported and stored securely, and

• (c) any actual or attempted theft of, or tampering with, the system is immediately reported to the appropriate authorities.

• (3) In this regulation “appropriate authorities” includes the police and the regulator.

CHAPTER 3 — Cyber security

Spaceflight cyber security strategy

185

• (1) A licensee must draw up and maintain a cyber security strategy for the network and information systems (“the systems”) used in relation to spaceflight operations for which it is responsible.

• (2) The strategy must—

• (a) be kept up to date,

• (b) be reviewed—

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

• (ii) upon any upgrades made to the systems,

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

• (d) be proportionate and appropriate for the type of systems operated,

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

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

• (i) has been carried out by the licensee, and

• (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 upon any upgrades made to the systems,

• (g) ensure the security of the systems managed by employees or agents of the licensee,

• (h) ensure that the systems are protected from—

• (i) unauthorised access or interference,

• (ii) other unlawful occurrences, and

• (iii) cyber threat, and

• (i) ensure that the licensee’s suppliers and their supply chain specify in their security protocols how they will achieve the cyber security requirements set out in the strategy.

• (3) In this regulation—

• “cyber threat” means anything capable of compromising the security of, or causing harm to, information systems and internet connected devices including hardware, software and associated infrastructure, the data on them and the services they provide, primarily by cyber means;

• “jamming” means a deliberate blocking or interference with a wireless communication system by transmission of radio signals that disrupt information flow in wireless data networks by decreasing the signal to noise ratio;

• “network and information systems” in connection with spaceflight operations means— an electronic communications network within the meaning of section 32 of the Communications Act 2003[^f00055], any device or group of interconnected or related devices, one or more of which, pursuant to a programme, perform automatic processing of digital data, digital data stored, processed, retrieved or transmitted by elements covered under sub-paragraphs (a) or (b) for the purposes of their operation, use, protection and maintenance, or a flight safety system;

• “spoofing” means a technique used to gain unauthorised access to computers whereby an intruder sends messages to a computer indicating that the message is coming from a trusted source;

• “unauthorised access or interference” in connection with the security of systems relating to spaceflight operations includes hacking, jamming or spoofing of services or other recognised cyber threats;

• “unlawful occurrences” includes theft of data.

Duty to report a notifiable incident to the regulator

186

• (1) A licensee must inform the regulator of any notifiable incident promptly and in any event within 72 hours after it becomes aware that a notifiable incident has occurred.

• (2) In this regulation—

• “notifiable incident” means any event— of a type that has been determined by the regulator and the licensee as having an adverse effect on the security of the network and information systems used in relation to spaceflight operations, and that may have a significant impact on future essential services provided by the licensee;

• “security” in connection with the network and information systems means the ability of the network and information systems to resist any action that compromises the availability, authenticity, integrity or confidentiality of stored, transmitted or processed data or the related services offered by, or accessible via, the systems.

CHAPTER 4 — Vetting, clearance, training and qualifications

National security vetting procedures

187

• (1) A licensee must ensure that—

• (a) the security manager has a level of security clearance which would be regarded as appropriate by the Government of the United Kingdom for persons performing such security functions,

• (b) the individuals mentioned in paragraph (2), as a condition of being engaged, or continuing to be engaged, in carrying out security functions, have obtained—

• (i) an acceptable enhanced criminal record certificate under section 113B(1) of the Police Act 1997, or

• (ii) an acceptable Level 2 disclosure under the Disclosure (Scotland) Act 2020,

• (ba) the individuals mentioned in paragraph (2), in any other case, have obtained—

• (i) an acceptable criminal record certificate under section 113A(1) of the Police Act 1997, or

• (ii) an acceptable Level 2 disclosure under the Disclosure (Scotland) Act 2020, and

• (c) any other individual carrying out security functions as part of their employment has a satisfactory background check as a condition of being engaged, or continuing to be engaged, to carry out security functions.

• (2) The individuals mentioned in paragraph (1)(b) are—

• (a) software and hardware service providers of network and information systems used for the implementation and performance of security controls where direct access to the systems is granted to them, and

• (b) individuals who have administrator rights for information management systems and critical supplies used by, or made available to, space sites.

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

Appropriate security training and qualifications

188

• (1) A licensee must ensure that—

• (a) any individual employed as a security manager has the appropriate security training and qualifications necessary to carry out the role,

• (b) any amendments to details of appropriate security training are sent to the regulator, and

• (c) details of the appropriate security training include the types of training that will be required for individuals carrying out security functions at the space site.

• (2) The regulator must allow the licensee to have access to the aviation security syllabuses to enable the licensee to develop the appropriate security training.

• (3) The security manager must ensure that—

• (a) all staff, regardless of the capacity in which they are engaged to work at the space site have appropriate general security awareness training before being granted unescorted access to the site, and

• (b) the individuals mentioned in paragraph (4), who are engaged to perform security related functions, have the appropriate security training and qualifications to carry out those functions.

• (4) The individuals mentioned in paragraph (3)(b) are—

• (a) individuals implementing security controls,

• (b) individuals who have roles and responsibilities relating to cyber security,

• (c) supervisors of the individuals mentioned in sub-paragraph (a), and

• (d) individuals, other than spaceflight participants, requiring unescorted access to security restricted areas on the site.

Training records and qualifications

189

• (1) A licensee must keep the records specified in paragraph (2) for as long as an individual is engaged to carry out security functions at the space site.

• (2) The records are those relating to training and qualifications which indicate that an individual has the appropriate training and necessary qualifications for the security related functions that the individual has been engaged to perform.

Renewal of security training

190

• (1) A licensee must ensure that security training for the security manager is renewed periodically in accordance with paragraph (3).

• (2) The security manager must ensure that—

• (a) security training for individuals engaged to carry out security functions at the space site, and

• (b) general security awareness training for all staff, regardless of the capacity in which they are engaged to work at the space site,

is renewed periodically in accordance with paragraphs (4) and (5).

• (3) The security manager must renew that manager’s training after a period of not more than 36 months beginning on the first day of the calendar month following the month in which they last completed their security training.

• (4) An individual engaged to carry out security functions must renew that individual’s training after a period of not more than 13 months beginning on the first day of the calendar month following the month in which they last completed their security training.

• (5) Each member of staff working at the space site must renew that member of staff’s general security awareness training after a period of not more than five years beginning on the first day of the calendar year following the year in which they last completed their security awareness training.

CHAPTER 5 — Critical national infrastructure and essential services

Spaceflight activities: critical national infrastructure and essential services

191

• (1) This regulation applies where the Secretary of State, in consultation with the Centre for Protection of National Infrastructure (“the CPNI”)[^f00057], determines that—

• (a) a space site is critical national infrastructure, or

• (b) spaceflight activities are essential services.

• (2) The licensee must—

• (a) take appropriate and proportionate measures to manage any risks posed to the security of the space site and spaceflight activities, and

• (b) cooperate with the CPNI and the National Cyber Security Centre in ensuring continuity of essential services.

• (3) In this regulation “critical national infrastructure”, means those critical elements of infrastructure which include assets, facilities, systems, networks or processes and the essential workers that operate and facilitate them, the loss or compromise of which could result in—

• (a) a major detrimental impact on the availability, integrity or delivery of essential services including those services whose integrity, if compromised, could result in significant loss of life or casualties, taking into account significant economic or social impacts, or

• (b) a significant impact on national security, national defence, or the functioning of the state.

CHAPTER 6 — Security provisions for the protection of US technology

Segregated areas

192

• (1) A licensee who intends to carry out launch activities must make a proposal to the Secretary of State and the US Government for an area to be designated as a segregated area for the purposes mentioned in paragraph (2).

• (2) The area proposed by the licensee may be designated by the Secretary of State and the US Government for—

• (a) the purposes of ensuring that all US spaceflight activities that are subject to an agreement between the United Kingdom and the US Government are secured to prevent the unauthorised transfer of US technology to third parties, and

• (b) as long as there is US technology in that area.

• (3) The licensee must ensure that the boundaries of the segregated area are clearly delineated.

• (4) If any US launch vehicle, US spacecraft or US related equipment, or debris thereof, is recovered and stored after an accident, the area in which it is stored may be designated by the Secretary of State as a segregated area.

Control of access to segregated area

193

• (1) Subject to paragraph (2), a licensee must ensure that no person may enter a segregated area without—

• (a) US Government authorisation, and

• (b) being escorted by a person authorised by the US Government unless unescorted access has been authorised by the US Government.

• (2) Paragraph (1) does not apply to access for the emergency services where they are responding to an emergency at the space site.

Control of access to imported US technology

194

• (1) A person who owns, or is in possession of, US technology must ensure that access to that US technology is controlled by a person authorised to do so by the US Government throughout—

• (a) the transport of US technology;

• (b) preparations for the launch of US launch vehicles or US spacecraft;

• (c) the launch of US launch vehicles;

• (d) the launch of US spacecraft.

• (2) A person who contravenes paragraph (1) commits an offence.

• (3) It is a defence for a person charged with such an offence to show that that person—

• (a) did not know, and had no reason to know, that they were the owner of, or were in possession of, US technology, or

• (b) took all reasonable precautions and exercised all due diligence to avoid committing the offence.

• (4) A person guilty of an offence under paragraph (2) 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.

Monitoring and oversight of US technology

195

• (1) A licensee must permit any person whom the US Government has authorised to do so to have access to and monitor any US launch vehicle, US spacecraft or US related equipment, in accordance with that person’s authorisation from the US Government.

• (2) A licensee must not prevent a US licensee from accessing or monitoring the US technology in respect of which that US licensee has an export or transfer licence or authorisation from the US Government.

Monitoring and oversight of launch activities

196

• (1) A special launch operator must permit the US Government to oversee and monitor its launch activities.

• (2) If the launch of a US spacecraft is delayed or cancelled, and the special launch operator who holds a launch licence for that launch intends to remove the US spacecraft from its launch vehicle, the special launch operator must notify—

• (a) any US participant whom it considers should be notified, and

• (b) the US Government.

• (3) If the launch of a US launch vehicle or US spacecraft is cancelled, and the special launch operator for that launch intends to load any US technology that was to be used for the launch onto a vehicle, that special launch operator must—

• (a) notify any US participant whom it considers should be notified,

• (b) notify the US Government,

• (c) only use a vehicle approved by the US Government, and

• (d) permit any US participant authorised by the US Government to do so to monitor the loading.

Restrictions on the use of and access to US technology

197

• (1) A licensee using US technology for its licensed activities must ensure that that US technology is not used for any purpose other than that for which a US export licence has been granted, unless the US Government authorises it.

• (2) A licensee must ensure that projects related to spaceflight activities that involve the launch of a US launch vehicle or a US spacecraft and items imported for use in these projects are not used for any other purpose without permission from the US Government.

• (3) The licensee must ensure that—

• (a) no person may transfer US technology to another person at a space site subject to the licensee’s control without authorisation from the US Government,

• (b) access to US technology used for the licensee’s licensed activities is restricted to those persons who have been authorised by the regulator and the US Government, and

• (c) persons may only unload sealed US technology used for the licensee’s licensed activities and deliver it to a controlled or segregated area if supervised by a person who has been authorised by the US Government.

• (4) A special launch operator must ensure that no person may transfer US technology used for that operator’s launch activities to another person without authorisation from the US Government.

• (5) The persons who may be authorised to have access to US technology include—

• (a) SAIA,

• (b) the Health and Safety Executive, in the case of US technology in Great Britain, or the Health and Safety Executive for Northern Ireland, in the case of US technology in Northern Ireland,

• (c) law enforcement agencies,

• (d) the regulator, and

• (e) the Secretary of State.

• (6) In this regulation, “law enforcement agencies” includes the police.

• (7) The licensee must inform the regulator of any information that a US licensee has given it from the US export licence or other authorisation of the US Government to transfer US technology.

• (8) The regulator must promptly give the Secretary of State any information it receives under paragraph (7).

Restrictions on importing US technology

198

• (1) A licensee which is a UK participant must not take possession of equipment or technology which originated in the US and was imported into the United Kingdom to support launch activities, and must not allow any other UK participant to do so, unless the regulator gives permission.

• (2) If the licensee is in possession of any such equipment or technology, that equipment or technology may only be used to support launch activities if the regulator gives permission.

• (3) The regulator may give permission under paragraph (1) or (2) only if the US Government and Her Majesty’s Government have agreed that the UK participant may have possession of the equipment or technology.

• (4) The licensee must comply with any Technology Transfer Control Plan that it has entered into.

Security training for spaceflight activities involving US technology

199

A special launch operator must ensure that all staff carrying out spaceflight activities involving US technology, regardless of whether or not they are carrying out a security function, receive training on security measures required for US technology.

Return of US technology if export licence etc. is revoked

200

A licensee which uses US technology for its licensed activities must ensure that in the event that a US export licence or authorisation for export or transfer of any of that US technology is revoked by the US Government, anything imported under the revoked licence or authorisation is either—

• (a) returned to the US in accordance with the US export licence or authorisation, or

• (b) sent to another location, if authorised by the US Government.

Processing of US technology after a normal launch

201

• (1) Following the launch of a US launch vehicle or US spacecraft which proceeded as expected, the special launch operator must—

• (a) not permit any UK participant to dismantle US related equipment unless that UK participant is authorised to do so by the US Government;

• (b) either—

• (i) destroy any US related equipment it used for the launch and which it does not need for further launch activities, or

• (ii) send such equipment from the UK to a location approved by, and in a manner approved by, the Secretary of State and the US Government;

• (c) return any US technical data it has to a location approved by the Secretary of State and the US Government;

• (d) not permit any UK participant to take part in the recovery of a reusable US launch vehicle or US related equipment unless that UK participant is authorised to do so by the US Government and is supervised by a US participant;

• (e) send any recovered US launch vehicle, recovered US spacecraft, or recovered components of a US launch vehicle or US spacecraft, from the UK to a location approved by, and in a manner approved by, the Secretary of State and the US Government;

• (f) not permit any UK participant to study or photograph recovered US technology unless that UK participant is authorised to do so by the US Government.

• (2) Where recovery of a reusable US launch vehicle is planned to take place in a country outside the UK, the special launch operator must notify the regulator of the location of the planned recovery at the earliest opportunity.

• (3) On receipt of information under paragraph (2), the regulator must inform the Secretary of State promptly.

Information about nationality of contributors to launch activities etc.

202

• (1) An applicant for a launch operator licence that would authorise a spaceflight activity involving both US technology and either a non-US vehicle or a foreign spacecraft must, when it applies for the licence, inform the regulator of the nationality of any person who has contributed money, equipment, technology or personnel to the production or acquisition of any essential and integral part of—

• (a) the non-US vehicle,

• (b) the foreign spacecraft, or

• (c) the applicant’s launch business.

• (2) An applicant for a spaceport licence, if the applicant intends that there will be launches of US spacecraft or US launch vehicles from the spaceport, must, when it applies for the licence, inform the regulator of the nationality of any person who has contributed money, equipment, technology or personnel to the production or acquisition of any essential and integral part of the launch facilities or its launch business.

• (3) The holder of a licence of a kind mentioned in paragraph (1) or (2) must inform the regulator as soon as possible of any change to information provided under paragraph (1) or (2), including any contributions to any new essential and integral part.

PART 12 — Informed consent

CHAPTER 1 — Interpretation

Interpretation

203

In this Part—

• (a) “injury” means personal injury, and

• (b) except in regulation 209, a reference to “operator’s spaceflight activities” is a reference to those activities to be carried out by a spaceflight operator in which a human occupant is to take part.

CHAPTER 2 — Prescribed matters

Prescribed role or capacity

204

For the purposes of section 17(1)—

• (a) a member of the crew is a prescribed role, and

• (b) a spaceflight participant is a prescribed capacity.

Prescribed criteria with respect to age and mental capacity

205

• (1) For the purposes of section 17(1)(b), the criterion prescribed relating to age is that a human occupant must be at least 18 years of age.

• (2) For the purposes of section 17(1)(b), the following are the prescribed criteria relating to mental capacity—

• (a) if the launch vehicle is to be launched from England or Wales, a human occupant must have capacity within the meaning of the Mental Capacity Act 2005[^f00058] to understand the risks involved in the operator’s spaceflight activities and the meaning of signifying their consent to take part in those activities,

• (b) if the launch vehicle is to be launched from Scotland, a human occupant is not incapable within the meaning of the Adults with Incapacity (Scotland) Act 2000[^f00059] of understanding the risks involved in the operator’s spaceflight activities and the meaning of signifying their consent to take part in those activities, or

• (c) if the launch vehicle is to be launched from Northern Ireland, a human occupant must have capacity in accordance with the law of Northern Ireland to understand the risks involved in the operator’s spaceflight activities and the meaning of signifying their consent to take part in those activities.

CHAPTER 3 — The consent form

Details to be included in the consent form

206

• (1) The consent form must include—

• (a) the full name, address and date of birth of the human occupant,

• (b) the name and address of the spaceflight operator,

• (c) the design specification of the launch vehicle to be used for the operator’s spaceflight activities, and

• (d) the details of the current risk assessment for the operator’s spaceflight activities in an easily understandable form.

• (2) Where the consent form is to be signed by a spaceflight participant, the consent form must, in addition to the details set out in paragraph (1), contain details of—

• (a) the spaceport or other place from which the launch vehicle is to be launched,

• (b) the spaceport or other place at which a controlled or planned landing of the launch vehicle is to take place,

• (c) the planned date of the flight,

• (d) the flight nomenclature, and

• (e) the planned trajectory and duration of the flight.

• (3) Where the consent form is to be signed by a member of the crew, the consent form may relate to more than one flight where—

• (a) all the flights are to take place in a launch vehicle of the same design specification, and

• (b) the current risk assessment relates to all the flights.

Statements to be included in the consent form

207

• (1) The consent form must include statements that the human occupant—

• (a) has fulfilled the criteria in paragraphs 50 and 52 of Schedule 3,

• (b) has read and understood—

• (i) the details of the current risk assessment for the operator’s spaceflight activities, and

• (ii) the other information specified in regulations 209 and 210,

• (c) has been given the opportunity to ask questions and received answers to those questions in accordance with regulation 211,

• (d) accepts and understands that the operator’s spaceflight activities carry an inherent risk of danger and in particular that—

• (i) the activities may result in death or injury,

• (ii) the regulator has not certified that the launch vehicle complies with any national or international safety standards, and

• (iii) the provision referred to in paragraph (2) will not apply in the event of the human occupant dying or sustaining injury by taking part in the operator’s spaceflight activities, and

• (e) has not been unduly influenced to consent to accept the risks involved in the operator’s spaceflight activities.

• (2) The provision referred to in paragraph (1)(d)(iii) is section 34(2) (which provides for damages to be recovered without proof of negligence or intention or other cause of action, as if the injury or damage had been caused by the wilful act, neglect, or default of the licensee)[^f00060].

No derogation from statements in the consent form

208

The consent form must not contain any provision which derogates from the statements required to be included in the form by regulation 207.

CHAPTER 4 — Information to be given to a human occupant before the consent form is signed

Information about operator’s spaceflight activities carried out by the spaceflight operator

209

• (1) In this regulation, references to “operator’s spaceflight activities” are to all such activities carried out by the spaceflight operator.

• (2) At least 24 hours, but not more than one month, before a human occupant signs a consent form, the spaceflight operator must give that individual—

• (a) the information referred to in paragraph (3),

• (b) a copy of any safety recommendations made as a result of a safety investigation relating to the operator’s spaceflight activities, and

• (c) information in writing and in an easily understandable form about any actions taken to improve safety following a spaceflight accident relating to the operator’s spaceflight activities.

• (3) The information mentioned in paragraph (2)(a) is information in writing about—

• (a) the number of launches that the operator’s spaceflight activities have involved,

• (b) the number of persons who have died, sustained an injury or had a medical emergency as a result of taking part in the operator’s spaceflight activities, and

• (c) the number of spaceflight accidents relating to the operator’s spaceflight activities and whether they occurred during the testing and development of the launch vehicle or during commercial operation.

• (4) In this regulation “commercial operation” means any operation of the launch vehicle—

• (a) which is available to the public, or

• (b) which, when not made available to the public, is performed under a contract between the spaceflight operator and a customer, where the latter has no control over the spaceflight operator,

in return for remuneration or other valuable consideration.

Information about the operator’s spaceflight activities

210

At least 24 hours, but not more than one month, before a human occupant signs a consent form, the spaceflight operator must give that human occupant—

• (a) the details of the current risk assessment for the operator’s spaceflight activities in an easily understandable form,

• (b) information in writing about the availability of emergency services in the event of an accident or medical emergency, and

• (c) where that human occupant is a crew member or a launch vehicle task specialist, the information relating to exposure to cosmic radiation which is referred to in regulation 140(1).

Opportunity for questions

211

• (1) Before a human occupant signs the consent form, the spaceflight operator must—

• (a) give the human occupant an opportunity to ask questions about the information given to that individual in accordance with regulations 209 and 210, and

• (b) answer the questions in an easily understandable form.

• (2) The questions referred to in paragraph (1)(a) may be raised, and answers referred to in paragraph (1)(b) may be given, in writing or orally.

CHAPTER 5 — Procedural requirements with regard to the signification of consent

Who prepares the consent form

212

The spaceflight operator must prepare the consent form in writing and in duplicate.

When a human occupant signs the consent form

213

A human occupant must sign both copies of the consent form no more than 24 hours before taking part in the operator’s spaceflight activities or, if the form relates to more than one flight, no more than 24 hours before taking part in the first of those flights.

What happens after the consent form is signed

214

A human occupant must give the duplicate consent form to the spaceflight operator by hand or send such duplicate form to the spaceflight operator.

CHAPTER 6 — Evidential requirements with regard to the information and the signification of consent

A written record of the information provided to the human occupant

215

• (1) The spaceflight operator must keep a written record of—

• (a) the information provided to a human occupant in accordance with regulations 209 to 211, and

• (b) the date on which and time at which such information was provided to that individual.

• (2) Before a human occupant signs the consent form, the spaceflight operator must give a copy of the written record referred to in paragraph (1) to that individual.

The signification of consent

216

• (1) A human occupant must sign the consent form.

• (2) A human occupant must date the consent form and record on the form the time at which the consent form was signed.

• (3) An electronic signature satisfies the requirements to sign the consent form in paragraph (1).

• (4) In this regulation “electronic signature” has the same meaning as in section 7(2) (electronic signatures and related certificates) of the Electronic Communications Act 2000[^f00061].

The consent form as evidence of signification of consent

217

The requirement in section 17(2) for consent to accept the risks involved in an operator’s spaceflight activities to be signified by signing the consent form is satisfied only if—

• (a) the spaceflight operator complies with the requirements in regulations 206 to 212 and 215, and

• (b) a human occupant complies with the requirements in regulations 213, 214 and 216.

PART 13 — Liabilities and indemnities

Prescribed description of individuals to whom section 34(2) does not apply

218

• (1) The following descriptions of an individual are prescribed for the purposes of section 34(3)(a)—

• (a) where a spaceport licensee or a range control licensee is an individual, that licensee;

• (b) an appointee, employee or agent of a licensee who is at work at a space site;

• (c) a member of the crew who has consented to accept the risks involved in an operator’s spaceflight activities in accordance with section 17;

• (d) a spaceflight participant who has consented to accept the risks involved in an operator’s spaceflight activities in accordance with section 17;

• (e) an individual not falling within sub-paragraphs (a) to (d) who is present at a space site in connection with spaceflight activities;

• (f) an individual on a carrier aircraft taking part in an operator’s spaceflight activities;

• (g) an officer or partner of a licensee who is present at a space site;

• (h) an individual who is within an operational area or a restricted area of a space site at the invitation of a licensee;

• (i) an employee or an individual acting on behalf of the regulator or with the regulator’s authority at a space site;

• (j) an employee or an individual acting on behalf of the government of another country present at a space site in connection with spaceflight activities;

• (k) an employee of the emergency services who is on duty at a space site in connection with spaceflight activities;

• (l) an employee of SAIA who is on duty at a space site in connection with spaceflight activities;

• (m) compliance authority personnel on duty at a space site in connection with spaceflight activities;

• (n) an employee of a qualifying health and safety authority who is on duty at a space site in connection with spaceflight activities;

• (o) a member of the armed forces of the Crown who is on duty at a space site in connection with spaceflight activities;

• (p) any individual who has entered into a reciprocal waiver of liability with a licensee.

• (2) For the purposes of this regulation—

• “compliance authority personnel” includes the following individuals— an individual appointed as an Inspector of Spaceflight Accidents under regulation 6(1) of the Spaceflight Activities (Investigation of Spaceflight Accidents) Regulations 2021[^f00062]; CAA inspectors and auditors; inspectors of the Department for Environment, Food and Rural Affairs and its agencies; an air traffic controller; an employee of the National Crime Agency[^f00063]; an employee of an intelligence service; a constable;

• “officer” in paragraph (1)(g) has the meaning given in section 57(3);

• “partner” in paragraph (1)(g) has the meaning given in section 58(6);

• “restricted area” means a controlled area, a space site security restricted area or a segregated area, within the meanings given in regulation 168, within a space site.

Prescribed cases or circumstances under which a limit on the operator’s liability to government does not apply

219

The following cases and circumstances are prescribed for the purposes of section 36(3)(a) (obligation to indemnify government etc. against claims)—

• (a) cases where the operator is liable in respect of gross negligence[^f00064] or wilful misconduct in the performance of its obligations under the Act or regulations made under the Act;

• (b) circumstances where damage or loss is caused as a result of the non-compliance by the operator with—

• (i) any conditions of its licence;

• (ii) the requirements under the Act or regulations made under the Act.

Limit on the amount of operator’s liability

220

• (1) An operator licence must specify a limit on the amount of the operator’s liability in respect of—

• (a) injury or damage arising out of spaceflight activities under section 34(2), and

• (b) any third party liability arising out of spaceflight activities which may be incurred by the operator in respect of the death of or bodily injury to any person or damage to property not covered by section 34(2).

• (2) The limit on the amount of the operator’s liability shall be determined by the regulator having regard to, in particular, the spaceflight activities which the operator applicant proposes to carry out[^f00065].

• (3) An operator licence must provide that the limit on the amount of the operator’s liability does not apply in cases or circumstances where—

• (a) the operator is liable in respect of gross negligence or wilful misconduct in the performance of its obligations under the Act or regulations made under the Act;

• (b) damage or loss is caused as a result of the non-compliance by the operator with—

• (i) any conditions of its licence;

• (ii) any requirements under the Act or regulations made under the Act.

• (4) In this regulation “operator applicant” means a person who is applying, has applied or intends to apply for an operator licence.

Duty of the Secretary of State to indemnify

221

The cases and circumstances prescribed for the purposes of section 35(5)(b) (power or duty of Secretary of State to indemnify) are—

• (a) cases where the operator is liable in respect of gross negligence or wilful misconduct in the performance of its obligations under the Act or regulations made under the Act;

• (b) circumstances where damage or loss is caused as a result of the non-compliance by the operator with—

• (i) any conditions of its licence;

• (ii) any requirements under the Act or regulations made under the Act.

PART 14 — Monitoring and enforcement

CHAPTER 1 — General

Interpretation

222

In this Part—

• “contravention notice” means a notice issued under regulation 247;

• “information” means information held in any form;

• “inspector” means a person appointed under regulation 237;

• “prohibition notice” means a notice issued under regulation 249;

• “warning notice” means a notice issued under regulation 248.

Offence to obstruct inspector or regulator

223

It is an offence for a person intentionally to obstruct or impede any person who is exercising a power or performing a duty under this Part.

Penalty for obstructing inspector or regulator

224

A person guilty of an offence under regulation 223 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 six months, or a fine, or both.

Offence to impersonate inspector

225

It is an offence to impersonate an inspector.

Penalty for impersonating inspector

226

A person guilty of an offence under regulation 225 is liable on summary conviction—

• (a) in England and Wales, to a fine;

• (b) in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale.

CHAPTER 2 — Obligation to provide information to the regulator

Persons to whom obligation applies

227

This Chapter applies to a person who—

• (a) carries out spaceflight activities,

• (b) operates a spaceport,

• (c) occupies land forming part of a spaceport or is allowed access to such land for the purposes of the activities of a business carried on by the person,

• (d) provides range control services under a range control licence, or

• (e) carries out associated activities.

Information notices

228

• (1) The regulator may serve a notice on a person specified in regulation 227 requiring the provision of any information it thinks necessary for the purposes set out in section 26(2).

• (2) A notice requiring the provision of information under this Chapter is referred to as an “information notice”.

• (3) The regulator may specify in the information notice that the information is to be provided by any means it thinks necessary, including a written response or an oral interview.

• (4) Where information is provided orally, the regulator may record that information in any manner which in the regulator’s view is appropriate.

• (5) The notice must specify a period within which the person must provide the information specified.

• (6) An information notice may require the creation of documents, or documents of a description, specified in the notice.

• (7) A requirement to provide information or create a document is a requirement to do so in a legible form.

Obligation to provide information to regulator

229

A person who receives an information notice must, before the end of the period specified in the notice, provide, or cause to be provided, to the regulator such information as is specified or described in the information notice.

Offence of failing to comply with information notice

230

A person who contravenes regulation 229 commits an offence, but it is a defence for a person charged with such an offence to show that they took all reasonable steps and exercised all due diligence to avoid committing the offence.

Penalty for failing to comply with information notice

231

A person guilty of an offence under regulation 230 is liable, on summary conviction—

• (a) in England and Wales, to a fine;

• (b) in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale.

Offence of providing false information

232

It is an offence for a person, in purported compliance with regulation 229—

• (a) to make a statement that the person knows to be false in a material particular, or

• (b) recklessly to make a statement that is false in a material particular.

Penalty for providing false information

233

A person guilty of an offence under regulation 232 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.

Offences of false recording

234

• (1) It is an offence for a person to—

• (a) use any document or record issued or required or having effect by or under the Act—

• (i) which the person knows or ought to know has been forged, altered, revoked, or suspended, or

• (ii) to which the person knows or ought to know that that person is not entitled, or

• (b) lend any document or record issued or required or having effect by or under the Act to, or allow it to be used by, any other person.

• (2) It is an offence for a person intentionally to damage, alter, or render illegible—

• (a) any document or record issued or required or having effect by or under the Act, or

• (b) any entry made in such a document or record.

• (3) It is an offence for a person—

• (a) knowingly to make, or procure or assist in the making of, any false entry in or material omission from any document or record issued or required or having effect by or under the Act, or

• (b) to destroy any such document or record during the period for which the person is obliged to preserve it.

• (4) It is an offence for a person knowingly to create a false licence, certificate, approval, permission, exemption or any other document issued by the regulator.

Defence to offences of false recording

235

It is a defence for a person charged with an offence—

• (a) under regulation 234(2) to show that the person was acting with intent to amend an error in the document, record or entry;

• (b) under regulation 234(3)(b) to show that the person took all reasonable steps and exercised all due diligence to avoid committing the offence.

Penalty for false recording

236

A person guilty of an offence under regulation 234 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.

CHAPTER 3 — Inspectors

SECTION 1 — Appointment and powers

Appointment of inspector

237

• (1) The regulator may appoint a person (referred to in this Chapter as “an inspector”) to act on the regulator’s behalf for the purposes set out in section 26(2).

• (2) The regulator must not appoint a person under paragraph (1) unless satisfied that that person is qualified to carry out the functions that the regulator authorises the person to carry out.

• (3) The regulator may appoint an inspector under this Chapter on such terms as the regulator may determine and may terminate that appointment at any time.

• (4) Any appointment of an inspector under this regulation must be made in writing and must specify the powers available to the inspector.

Duties of inspector

238

An inspector must carry out all monitoring and enforcement activities and tasks that the regulator thinks necessary to discharge its obligations in section 26(1) for the purposes set out in section 26(2).

Powers of inspector

239

• (1) The regulator may authorise the inspector to exercise any power set out in Section 2 of this Chapter.

• (2) That authority may be given—

• (a) without restriction, or

• (b) only to a limited extent or for limited purposes.

• (3) The authority conferred by an instrument of appointment to exercise any power may be varied by the regulator by a further instrument in writing varying the instrument of appointment.

• (4) When exercising or seeking to exercise a power, an inspector must, if asked, produce formal identification showing their authority to exercise that power.

References to inspector

240

In this Chapter, references to an inspector, in relation to any power, are to the inspector exercising or proposing to exercise the power.

SECTION 2 — Powers exercisable by inspectors

Power of entry

241

• (1) An inspector may enter any of the premises mentioned in paragraph (2), or enter, or demand access to, any vehicle mentioned in paragraph (3), where the inspector has reason to believe it is necessary for the purposes set out in paragraph (4)—

• (a) at any reasonable time, or

• (b) at any time, in a situation—

• (i) which, in the inspector’s opinion, is or may be dangerous, or

• (ii) in which, in the inspector’s opinion, delay would or might be prejudicial to public safety or the national security of the United Kingdom.

• (2) In this Section “premises” means—

• (a) any spaceport or other space site;

• (b) any site from which spaceflight activities, the operation of a spaceport, the provision of range control services, or associated activities are being carried out, including range control facilities, spaceport facilities, mission control, and mission management facilities;

• (c) any place in the United Kingdom where spacecraft[^f00066] or carrier aircraft[^f00067] used by a regulated person[^f00068] are assembled or made or where third party work is carried out on behalf of a regulated person;

• (d) any other facility used by or on behalf of a regulated person;

• (e) any place where any carrier aircraft, spacecraft or other vehicle involved in spaceflight activities used by any person, including a person who is not a regulated person, has landed.

• (3) In this Section “vehicle” means any carrier aircraft, spacecraft or other vehicle involved in spaceflight activities and used by or on behalf of a regulated person.

• (4) An inspector so authorised may enter the premises or enter, or demand access to, the vehicle for any of the following purposes—

• (a) to inspect the premises or to inspect any vehicle;

• (b) to inspect any document or record which the inspector has power to demand under these Regulations;

• (c) to examine, inspect or test any part of, or material intended to be incorporated in or used in the manufacture of any part of, any vehicle or its equipment;

• (d) to examine, inspect or test any equipment used or intended to be used in connection with the provision of a service to any vehicle whether or not in flight;

• (e) to inspect the training and assessment of persons for a specified role under regulation 56(1);

• (f) to carry out any examination, inspection or test necessary to discharge the inspector’s duties;

• (g) to serve any notice under these Regulations.

• (5) The power to enter any premises or vehicle under this regulation includes the power to be on the premises or vehicle during testing, training, demonstration flights, and commercial flights.

Power to take persons and equipment etc. onto premises or vehicle

242

In exercising the power of entry mentioned in regulation 241 an inspector may—

• (a) be accompanied—

• (i) by any person approved by the regulator including a representative of a qualifying health and safety authority, and

• (ii) by a constable if the inspector has reasonable cause to expect any serious obstruction in the exercise of the inspector’s powers, and

• (b) take along any equipment and materials required for any purpose for which the inspector is exercising the power of entry.

Powers of inspection and examination and to take samples

243

• (1) An inspector may—

• (a) take measurements and photographs, and

• (b) make recordings.

• (2) An inspector may take and deal with samples of—

• (a) any article or substance found on any premises or vehicle, or

• (b) the atmosphere in, or in the vicinity of, any premises or vehicle.

• (3) An inspector may take possession of—

• (a) any part of, or material to be incorporated or used in the manufacture of any part of, any vehicle or its equipment, or

• (b) any equipment used, or intended to be used, in connection with the provision of a service to any vehicle in flight or on the ground,

and retain it for as long as necessary to comply with the purposes in section 26(2).

• (4) An inspector may direct that any premises or vehicle, or any article or substance or atmosphere in them, must be left undisturbed for as long as reasonably necessary for the purposes of any inspection, examination or test under regulation 241(4).

• (5) A direction under paragraph (4)—

• (a) may relate to part of any premises;

• (b) may relate to particular aspects of any premises, article, substance or atmosphere.

Powers to require information and documents

244

• (1) An inspector may require any person whom the inspector has reasonable cause to believe is able to give any information relevant to any inspection or examination under regulation 241(4)—

• (a) to answer any question that the inspector thinks fit, and

• (b) to sign a declaration of the truth of the person’s answers.

• (2) An inspector may—

• (a) require any relevant documents to be produced, and

• (b) inspect and take copies of, or of any information in, any relevant documents.

• (3) For this purpose—

• (a) “document” includes information recorded in any form;

• (b) “relevant document” means a record or other document which—

• (i) is required to be kept by virtue of these Regulations, or

• (ii) the inspector needs to see for the purposes of any inspection, examination or test under regulation 241(4).

• (4) In the case of a relevant document that consists of information held otherwise than in legible form, including information held in electronic form, the inspector may—

• (a) require it to be produced—

• (i) in a legible form, or

• (ii) in a form from which it can readily be produced in a legible form, and

• (b) require access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with the relevant document.

• (5) An inspector may take possession of any document or record which the inspector has power to demand and retain it for as long as necessary to comply with the purposes in section 26(2).

• (6) Where an inspector has reason to believe that any document or record which the inspector has power to demand is held on electrical or electronic equipment, the inspector—

• (a) may take possession of that equipment and retain it for as long as necessary to comply with the purposes in section 26(2);

• (b) may take all reasonable steps to gain access to the document or record held on the electrical or electronic equipment.

Powers exercisable in relation to particular articles or substances

245

• (1) An inspector may take possession of any article or substance found on any premises or vehicle and retain it for as long as necessary—

• (a) for it to be examined or tested;

• (b) for anything to be done to it which the inspector may cause to be done under paragraph (6);

• (c) to ensure that it is not tampered with before any examination, test or other procedure mentioned in sub-paragraph (a) or (b) is complete;

• (d) to ensure that it is available for use in any proceedings for an offence under the Act or any regulations made under the Act.

• (2) The inspector may exercise the power in paragraph (1) if the inspector has reason to believe that—

• (a) the article or substance has caused, may have caused, or is likely to cause, non-compliance with a licence condition, a provision of the Act or an international obligation of the United Kingdom,

• (b) the article or substance has caused, may have caused, or is likely to cause, danger to public safety or national security, or

• (c) it is desirable to do so for the purposes set out in section 26(2).

• (3) Before taking possession of any substance under this regulation, the inspector must, if it is practicable—

• (a) take a sample of it, and

• (b) give a portion of the sample, marked so as to be identifiable, to a person at the premises or vehicle from which the substance is taken.

• (4) An inspector who takes possession of any article or substance under this regulation must—

• (a) if it is practicable to do so, give written notice to that effect to a person at the premises or vehicle from which the article or substance is taken;

• (b) otherwise, fix such a notice in a conspicuous position at the premises or vehicle from which the article or substance is taken.

• (5) The notice must include sufficient information about the article or substance to identify it.

• (6) An inspector may cause any article or substance found in any premises or vehicle—

• (a) to be dismantled;

• (b) to be examined or tested;

• (c) to be the subject of a demonstration showing how the article or substance functions;

• (d) to be deactivated or otherwise rendered safe for handling;

• (e) to have any other process applied to it.

• (7) The inspector may exercise any power in this regulation if the inspector has reason to believe that—

• (a) the article or substance has caused, may have caused, or is likely to cause, non-compliance with a licence condition, a provision of the Act or an international obligation of the United Kingdom,

• (b) the article or substance has caused, may have caused, or is likely to cause, danger to public safety or national security, or

• (c) it is desirable to do so for the purposes set out in section 26(2).

• (8) Before exercising a power in this regulation, the inspector must use their best endeavours to consult such persons as the inspector considers appropriate.

• (9) Anything done to the article or substance under this regulation must not damage or destroy it unless in the circumstances that is unavoidable.

• (10) If requested by a person who has responsibilities in relation to the premises or vehicle from which the article or substance is taken, and that person is on or at the premises or vehicle, the inspector must allow anything done to the article or substance under this regulation to be done in that person’s presence.

• (11) Paragraph (10) does not apply where the inspector considers that that would be prejudicial to the national security of the United Kingdom.

Power to require the use of facilities and assistance

246

A power conferred by this Section includes power to require any person to provide any facilities or assistance relating to matters or things—

• (a) within the person’s control, or

• (b) in relation to which the person has responsibilities,

which are needed in order to enable an inspector to exercise the power.

Power to issue contravention notice

247

• (1) This paragraph applies where an inspector is of the opinion that a person—

• (a) is contravening, or has contravened—

• (i) any of the conditions of a licence granted under the Act,

• (ii) any provision of the Act or regulations made under the Act, or

• (b) is conducting an activity that is likely to cause a contravention of—

• (i) any of the conditions of a licence granted under the Act;

• (ii) any provision of the Act or regulations made under the Act.

• (2) The inspector may serve on that person a notice (a “contravention notice”) identifying the contravention.

• (3) The notice must—

• (a) specify the relevant licence condition or provision of the Act or regulations, and

• (b) state that the inspector is of the opinion mentioned in paragraph (1).

• (4) The notice must specify a period within which it is in the inspector’s opinion reasonable for the contravention to be remedied.

• (5) The notice may include directions as to the measures to be taken to remedy the contravention identified in the notice.

Power to issue warning notice

248

• (1) This regulation applies where the conditions in paragraph (2) are met.

• (2) The conditions are—

• (a) a contravention notice has been issued to a person,

• (b) the period specified under regulation 247(4) has expired, and