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The Space Industry Regulations 2021

Type Statutory-Instrument

Publication 2021-07-08

Last updated 2025-04-01

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(3) The inspector may serve on that person a notice (a “warning notice”) informing that person of—

(a) the regulator’s power to revoke, vary or suspend a licence under section 15;

(b) the regulator’s power to give a direction under sections 27 and 28;

(d) the inspector’s power to give a prohibition notice under regulation 249.

(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 contravention notice.

Power to issue prohibition notice

249

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

(2) The conditions in this paragraph are—

(a) a warning notice has been served on a person,

(b) the period given in the warning notice has expired,

(d) the inspector is of the opinion that that person—

(i) is carrying on activities which involve a risk to public safety or the national security of the United Kingdom, or

(ii) is likely to carry on activities which involve a risk to public safety or the national security of the United Kingdom.

(3) The inspector may serve on that person a notice (a “prohibition notice”) directing the relevant person to stop carrying on the activities specified in the notice unless that person remedies the contravention complained of in the contravention notice.

(4) The notice must—

(a) state that the inspector is of the opinion mentioned in paragraph (2)(d), and why;

(b) specify the matters which in the inspector’s opinion give rise, or will give rise, to the risk mentioned in that sub-paragraph.

(5) A prohibition notice takes effect—

(a) at the end of the period specified in the notice, or

(b) if the notice so specifies, immediately.

Appealing against notice under regulation 249

250

A prohibition notice must include information about the right of appeal against the notice.

Supplementary powers

251

A power conferred by this Section includes power to do anything incidental that is necessary for the inspector to fulfil the purpose of the inspector’s appointment.

Protection for documents subject to legal professional privilege etc.

252

Nothing in this Section is to be taken to confer power to compel the production by any person of a document or information in respect of which—

(a) in England and Wales or Northern Ireland, a claim to legal professional privilege, or

(b) in Scotland, a claim to confidentiality of communications,

could be maintained in legal proceedings.

253

(1) The regulator may share the information listed in paragraph (2) with the following persons—

(a) the Secretary of State;

(b) a qualifying health and safety authority;

(d) any other public authority or international organisation responsible for regulating any aspect of spaceflight activities;

(e) an appointed person[^f00069],

for the purposes set out in section 26(2).

(2) The regulator may share the following information—

(a) information submitted to the regulator by a person making an application for a licence under the Act;

(b) information otherwise obtained by a regulator in respect of a person making an application for a licence under the Act;

CHAPTER 5 — Restrictions on disclosure of information

SECTION 1 — Prohibition against disclosure of protected information

Meaning of “protected information”

254

(1) A reference in this Section to “protected information” means information which has been—

(a) obtained by the regulator or an inspector under this Part, or

(b) shared with any of the persons listed in regulation 253(1).

(2) Information is not protected information for the purposes of this Section if it has been disclosed or made available to the public lawfully from other sources.

Prohibition on disclosing protected information

255

Protected information must not be disclosed except in accordance with Section 2 of this Chapter.

Offence of disclosing protected information

256

It is an offence for a person to disclose information in contravention of regulation 255.

Defences to offence of disclosing protected information

257

It is a defence for a person charged with an offence under regulation 256 to prove—

(a) that the person did not know, and had no reason to suspect, that the information disclosed was protected information, or

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

Penalty for disclosing protected information

258

A person guilty of an offence under regulation 256 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;

SECTION 2 — Exceptions to prohibition against disclosure of protected information

259

Regulation 255 does not prohibit disclosure of protected information if it is made with the consent of the person or body who provided or shared the information.

Disclosure by the regulator, inspectors etc.

260

(1) Regulation 255 does not prohibit a disclosure of protected information by—

(a) the regulator,

(b) an inspector,

(d) any other public authority,

for the purposes set out in paragraph (2).

(2) Those purposes are—

(a) complying with any of that person’s duties, or

(b) exercising their powers,

under the Act or any regulations made under the Act.

Disclosure to authorities

261

(1) Regulation 255 does not prohibit a disclosure to a public or local authority, or an officer of that authority.

(2) Where protected information is disclosed by virtue of this paragraph, the person to whom the information is disclosed may only use the information for the purposes of the authority in question.

Disclosure required under legislation

262

Regulation 255 does not prohibit a disclosure of protected information which is made in accordance with an obligation under—

(a) the Freedom of Information Act 2000[^f00070], or

(b) the Freedom of Information (Scotland) Act 2002[^f00071].

Legal proceedings, inquiries and investigations

263

(1) Regulation 255 does not prohibit a disclosure of protected information for the purposes of—

(a) any legal proceedings;

(b) an investigation under section 20;

(2) Regulation 255 does not prohibit a disclosure of protected information which is made—

(a) by the regulator or an inspector, and

(b) for any of the purposes specified in section 17(2)(a) to (d) (criminal proceedings and investigation) of the Anti-terrorism, Crime and Security Act 2001[^f00072].

Anonymised information

264

Regulation 255 does not prohibit a disclosure of protected information which is made in a form calculated to prevent a particular person or case, to whom the information relates, from being identified.

PART 15 — Civil sanctions (stop notices)

Stop notices

265

(1) A reference in this Part to a “stop notice” is to a notice prohibiting a person from carrying on an activity specified in the notice (the “activity”) until the person has taken the steps specified in the notice.

(2) The regulator may serve a stop notice on any person (the “relevant person”) in accordance with this Part.

(3) A stop notice may only be served in a case falling within paragraph (4) or (5).

(4) A case falling within this paragraph is a case where—

(a) the relevant person is carrying on the activity,

(b) the regulator reasonably believes that the activity as carried on by the relevant person is causing, or presents a significant risk of causing, serious harm to any of the matters referred to in paragraph (6), and

(c) the regulator reasonably believes that the activity as carried on by the relevant person involves or is likely to involve the commission by that person of an offence under the Act or under any regulations made under the Act (referred to in this Part as the “relevant offence”).

(5) A case falling within this paragraph is a case where the regulator reasonably believes that—

(a) the relevant person is likely to carry on the activity,

(b) the activity as likely to be carried on by the relevant person will cause, or will present a significant risk of causing, serious harm to any of the matters referred to in paragraph (6), and

(c) the activity as likely to be carried on by the relevant person will involve, or will be likely to involve, the commission by that person of an offence under the Act or under any regulations made under the Act.

(6) The matters referred to in paragraphs (4)(b) and (5)(b) are—

(a) public safety;

(b) persons carried in spacecraft[^f00073] or carrier aircraft[^f00074];

(c) persons at work at spaceports, mission management facilities or sites used in connection with the provision of range control services;

(d) the interests of persons in relation to the use of land, sea and airspace;

(e) the interests of persons with interests in property carried by spacecraft.

(7) The steps referred to in paragraph (1) must be steps to remove or reduce the harm or risk of harm referred to in paragraphs (4)(b) or (5)(b).

Contents of stop notice

266

A stop notice must include information as to—

(a) the grounds for serving the notice,

(b) rights of appeal, and

Completion certificate

267

(1) Where, after service of the notice, the regulator is satisfied that the relevant person has taken the steps specified in the stop notice, the regulator must issue a certificate to that effect.

(2) A certificate under paragraph (1) is referred to in this Part as a “completion certificate”.

(3) The stop notice ceases to have effect on the issue of a completion certificate.

(4) The relevant person may at any time apply for a completion certificate.

(5) The regulator must make a decision as to whether to issue a completion certificate within 14 days of that application.

Compensation

268

(1) The regulator must compensate the relevant person for loss suffered as a result of the service of the stop notice or the refusal to issue a completion certificate if that person has suffered loss as a result of the notice or refusal and the conditions in paragraph (2) apply.

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

(a) the relevant person makes a successful appeal against a decision to serve a stop notice or a decision not to issue a completion certificate;

(b) the power to issue the stop notice was not exercised as a result of any neglect or default of the relevant person.

Offence of failing to comply with stop notice

269

(1) Where a relevant person does not comply with a stop notice within the time limit specified in the notice, that person is guilty of an offence and liable—

(a) on summary conviction in England and Wales, to a fine, or imprisonment for a term not exceeding the general limit in a magistrates’ court, or both;

(b) on summary conviction in Scotland, to a fine not exceeding £20,000, or imprisonment for a term not exceeding 12 months, or both;

(c) on summary conviction in Northern Ireland, to a fine not exceeding £20,000, or imprisonment for a term not exceeding six months;

(d) on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both.

(2) In relation to an offence committed before the commencement of paragraph 24(2) of Schedule 22 (general limit on magistrates’ court’s powers to imprison) to the Sentencing Act 2020[^f00075], the reference in paragraph (1)(a) to imprisonment for a term not exceeding the general limit in a magistrates’ court is to be read as a reference to imprisonment for a term not exceeding six months.

PART 16 — Occurrence reporting

CHAPTER 1 — Interpretation

Interpretation

270

In this Part—

“Chief Inspector” means the Chief Inspector of Spaceflight Accidents appointed under regulation 6(2) (appointment of inspectors of spaceflight accidents) of the Spaceflight Activities (Investigation of Spaceflight Accidents) Regulations 2021[^f00076];

“confidential information” includes— occurrence reports or any information referred to in those reports except to the extent that such information has been made public, material produced by the regulator and others assisting in the analysis of the occurrence or the exercise of the regulator’s powers referred to in regulation 276(1)(b) such as notes and opinions expressed about the analysis of information, information and evidence about occurrences provided by SAIA, information and evidence about occurrences provided by any national or international body referred to in regulation 277(5)(h) if the arrangement referred to in that regulation provides that this material is to be treated as confidential information in accordance with this Part, and US technical data;

“injury” means personal injury;

“occurrence” means— a spaceflight accident, a major accident, or any other fortuitous or unexpected event arising out of or in the course of spaceflight activities or preparation for those activities, and occurring— in or over the United Kingdom, or elsewhere if any of the circumstances referred to in regulation 273 apply, which, if not corrected or addressed, could result in a spaceflight accident or a major accident;

“police officer” means any person who is a member of— a police force, the Police Service of Northern Ireland, or the Police Service of Northern Ireland Reserve;

“staff of the regulator” means an employee or agent of the regulator.

CHAPTER 2 — Duty to report an occurrence and the objective of that report

Duty to report an occurrence

271

(1) A licensee must report an occurrence to the regulator.

(2) The occurrence report must be in writing and sent to the regulator within 72 hours of the time at which the licensee became aware of the occurrence.

(3) The licensee must prepare the occurrence report having regard to the objective of the report referred to in regulation 272.

Objective of an occurrence report

272

The sole objective of an occurrence report is the prevention of spaceflight accidents or major accidents, without the apportionment of blame or liability.

CHAPTER 3 — Events elsewhere which could threaten safety

When an event elsewhere which could result in an accident is an occurrence

273

(1) A fortuitous or unexpected event which occurs elsewhere than the United Kingdom is an occurrence within the meaning of paragraph (c)(ii) of the definition of “occurrence” in regulation 270 if any of the circumstances in paragraph (2) apply.

(2) The circumstances referred to in paragraph (1) are that the United Kingdom is the state—

(a) from which the launch vehicle or any carrier aircraft was launched,

(b) having jurisdiction over the organisation responsible for the design of the launch vehicle or any carrier aircraft,

(c) having jurisdiction over the organisation responsible for the manufacture or final assembly of the launch vehicle or any carrier aircraft, or of any components of that vehicle or aircraft,

(d) having jurisdiction over the organisation responsible for the maintenance of the launch vehicle or any carrier aircraft or any components of that vehicle or aircraft, or

(e) in which the licensee’s principal place of business is located.

CHAPTER 4 — Contents of the occurrence report

Contents of the occurrence report

274

(1) The occurrence report must include—

(a) the name and address of the licensee,

(b) the role of the person within the licensee’s organisation who has prepared the occurrence report on the licensee’s behalf,

(d) the date and time of the occurrence and where it took place,

(e) if any person has died or sustained an injury as a result of the occurrence—

(i) the number of such persons who have died,

(ii) the number of such persons who are injured,

(iii) a description of the injuries of such persons including any injuries which resulted in death,

(iv) if the person falls within the description of persons in regulation 40 (persons who are not members of the public), the description in that regulation which the person falls within,

(v) any other role or capacity of the person in connection with spaceflight activities, and

(vi) whether the person is a member of the public,

(f) whether the occurrence falls within one or more of Categories A to E described in regulation 275,

(g) a short description of the occurrence and the circumstances in which it happened,

(h) any action taken to prevent the occurrence happening again and improve safety relating to the operator’s spaceflight activities, the operation of the spaceport or other place from which the launch is to take place or takes place or the provision of range control services following the occurrence,

(i) any notification of the occurrence to—

(i) the Chief Inspector of SAIA or to a police officer or, in relation to Scotland, a constable for the area where the occurrence took place, as required by regulation 7 of the Spaceflight Activities (Investigation of Spaceflight Accidents) Regulations 2021, and

(ii) any other national or international body investigating spaceflight accidents for the purposes of accident prevention, and

(j) if a body referred to in sub-paragraph (i) has been notified, the method by which that body was notified.

(2) In this regulation “member of the public” has the same meaning as its prescribed meaning for the purpose of section 10(a) given in regulation 39.

Categories of occurrence

275

For the purposes of regulation 274(1)(f), the categories of occurrence are occurrences related to—

(a) preparations for spaceflight activities at a spaceport or other place from which such preparations take place (Category A),

(b) the launch vehicle or any carrier aircraft, including a technical failure in such a vehicle or aircraft, during—

(i) preparations for the launch from the time when that vehicle or its component parts or that aircraft or its component parts arrive at the spaceport or other place from which the launch is to take place or takes place (Category B), or

(ii) the operator’s spaceflight activities (Category B),

(c) a technical failure in the mission management facility or ground control at the spaceport or other place (Category C),

(d) failure in the provision of range control services (Category D), and

(e) human occupants (Category E).

CHAPTER 5 — The regulator’s actions when it receives an occurrence report

What the regulator must do on receipt of an occurrence report

276

(1) As soon as reasonably practicable after receipt of an occurrence report, the regulator must—

(a) analyse the occurrence report, including comparing that report with any other occurrence reports which the regulator has received, so that any common trends of events described in the occurrence report are identified, and

(b) identify whether the regulator needs to exercise any of its powers contained in the Act or in regulations made under the Act to prevent or mitigate the risk of a spaceflight accident or a major accident from occurring.

(2) The regulator must retain the occurrence report.

CHAPTER 6 — Confidential information

Protection of information and permitted disclosures

277

(1) Confidential information may not be disclosed by—

(a) the licensee who reported the occurrence,

(b) any member of staff of the regulator,

(c) any person called upon to participate or assist in an analysis of an occurrence report or in the regulator exercising its powers referred to in regulation 276(1)(b), or

(d) any person who has received confidential information from a person referred to in sub-paragraph (a), (b) or (c),

except as provided for in this regulation or by order of the court under regulation 278.

(2) US technical data may only be disclosed with the consent of the Government of the United States after consultation between the regulator, the Secretary of State and the Government of the United States.

(3) Any disclosure made under this regulation must ensure that the anonymity of the licensee, the person who prepared the occurrence report on the licensee’s behalf and any other person involved in an occurrence, is preserved.

(4) Subject to obtaining the consent required by paragraph (2) to disclose US technical data, the regulator may disclose confidential information to the persons referred to in paragraph (5) to the extent necessary for the purposes of—

(a) improving the safety of spaceflight activities, or

(b) preventing a spaceflight accident or a major accident.

(5) The persons referred to in this paragraph are—

(a) a licensee involved in an occurrence other than the licensee who reported the occurrence,

(b) the Secretary of State,

(c) persons responsible for the manufacture and maintenance of the launch vehicle or any carrier aircraft involved in the spaceflight accident,

(d) persons responsible for training,

(e) persons using a launch vehicle or a carrier aircraft of the same type as the launch vehicle or the carrier aircraft involved in the occurrence,

(f) a qualifying health and safety authority if—

(i) such an authority is providing the regulator with advice or assistance in response to a requirement imposed under section 21(1)(a), or

(ii) such an authority is performing a function that the authority is authorised to perform under section 21(1)(b),

(g) the Chief Inspector of SAIA or the investigator-in-charge, or

(h) any national or international body involved with spaceflight activities provided that—

(i) the regulator has in place an arrangement to disclose an occurrence report to such a body, and

(ii) the regulator does not disclose information which might create a conflict of interest between the bodies to whom the information is revealed and the objective of an occurrence report.

(6) Subject to obtaining the consent required by paragraph (2) to disclose US technical data, the Chief Inspector or the investigator-in-charge may refer to confidential information received from the regulator in accordance with paragraph (4) in a safety investigation report only to the extent necessary to permit the Chief Inspector or the investigator-in-charge to comply with their obligations under regulations 32 to 34 of the Spaceflight Activities (Investigation of Spaceflight Accidents) Regulations 2021.

Court application for disclosure

278

(1) An application may be made to the court for permission—

(a) to disclose confidential information, or

(b) for confidential information to be disclosed.

(2) An application made under paragraph (1) must identify the confidential information which the person making the application wishes to disclose, or to be disclosed.

(3) Before making an order under paragraph (1), the court must be satisfied—

(a) that the disclosure of the confidential information identified in the application will not—

(i) disclose the identity of any person involved with the occurrence, or

(ii) damage the international relations of the United Kingdom, and

(b) that the benefits of disclosing that information outweigh the adverse domestic and international consequences that disclosure of that information might have on the reporting of occurrences to the regulator and any safety investigation to which the information relates or any future safety investigation.

(4) The jurisdiction conferred by this regulation may be exercised by—

(a) the High Court, or

(b) in Scotland, the Court of Session.

CHAPTER 7 — Offences and penalties

Providing false information

279

Any person who, in purported compliance with regulation 271, makes a statement they know to be false in a material particular, or recklessly makes a statement that is false in a material particular, commits an offence.

Failure to protect confidential information

280

(1) Any person who knowingly contravenes any of the prohibitions in regulation 277 commits an offence.

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

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

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

(3) The relevant court must not make an order under paragraph (2) unless it is satisfied that the benefits of the disclosure of the confidential information concerned outweigh the adverse domestic and international consequences which the disclosure might have on the reporting of occurrences or any safety investigation to which the information relates or any future safety investigation.

(4) In this regulation—

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

“relevant court” means— in the case of judicial proceedings or an application for disclosure made in England, Wales or Northern Ireland, the High Court, and in the case of judicial proceedings or an application for disclosure made in Scotland, the Court of Session.

Penalties

281

A person who is guilty of an offence under regulation 279 or 280 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;

PART 17 — Miscellaneous

Duty on licensee to inform regulator of changes

282

(1) A reference in this Part to a “relevant person” is to—

(a) a person applying for a licence under the Act, or

(b) a licensee.

(2) A relevant person must inform the regulator in writing as soon as possible of any material change in any of the information provided to the regulator by or on behalf of the relevant person, whether in or with the application for a licence or after the licence has been granted.

(3) Where the information referred to in paragraph (2) was provided by a person other than the relevant person, the obligation to inform the regulator of any material change in the information applies as soon as possible after the relevant person becomes aware—

(a) that the information in question was provided to the regulator, and

(b) of the change in the information.

Offence of failure to inform regulator of changes

283

(1) It is an offence for a relevant person—

(a) to fail to comply with regulation 282, or

(b) in purported compliance with regulation 282, to make a statement or provide information they know to be false in a material particular, or recklessly to make such a statement or provide such information.

(2) It is a defence for a person charged with an offence under paragraph (1)(a) to show that they took all reasonable steps and exercised all due diligence to avoid committing the offence.

Penalty for failure to inform regulator of changes

284

A person who commits an offence under regulation 283 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;

Sending of notices and other documents

285

(1) Any notice or other document required or authorised by these Regulations to be provided (in whatever terms) to any person may be provided by—

(a) delivering it to that person in person,

(b) leaving it at that person’s proper address, or

(2) In the case of a body corporate, any such notice or document may be provided to a director of that body or to any other officer or employee of that body (“authorised person”) who is authorised to accept such notices or documents on its behalf.

(3) For the purposes of this regulation, “proper address” means—

(a) in the case of a body corporate or its director or authorised person—

(i) the registered or principal office of that body, or

(ii) the email address of the secretary or clerk of that body, the director or the authorised person;

(b) in any other case, a person’s last known address, which includes an email address.

(4) In this regulation references to an email address are to an email address which has not been withdrawn for the purposes of service.

Use of records and documentary evidence: prescribed persons

286

(1) The following persons are prescribed persons for the purposes of section 66(1)—

(a) the Secretary of State;

(b) the regulator;

(c) an inspector appointed by the regulator under regulation 237 to act on the regulator’s behalf for the purposes set out in section 26(2) (monitoring and enforcement).

(2) The following persons are prescribed persons for the purposes of section 66(3)—

(a) the Secretary of State;

(b) the regulator;

(d) an operator;

(e) a spaceport licensee;

(f) a person employed by, or providing services to, a person referred to in sub-paragraph (c), (d) or (e).

Review

287

(1) The Secretary of State must from time to time—

(a) carry out a review of the regulatory provision contained in these Regulations, and

(b) publish a report setting out the conclusions of the review.

(2) The first report must be published before the end of the period of five years beginning with the date on which these Regulations come into force.

(3) Subsequent reports must be published at intervals not exceeding five years.

(4) Section 30(4) of the Small Business, Enterprise and Employment Act 2015[^f00077] requires that a report published under this regulation must, in particular—

(a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a),

(b) assess the extent to which those objectives are achieved,

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(5) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).

SCHEDULE 1 — Information the safety case must contain

General information

1

A description of the proposed spaceflight activities including the proposed flight trajectory, any planned orbital parameters for the launch vehicle, any planned orbital parameters for any payload and details of any planned re-entry from orbit by the launch vehicle.

2

General descriptions of—

(a) the applicant’s organisation and management structure;

(b) the launch vehicle to be used including descriptions and, where appropriate, diagrams of—

(i) its concept of operations,

(ii) any payload or class of payload, and

(iii) the layout of systems that are part of it;

(i) its concept of operations,

(ii) any payload or class of payload, and

(iii) the layout of systems that are part of it;

(d) the facilities and major items of equipment that the applicant will need to carry out the proposed spaceflight activities, and which, if any, of these will be provided by a proposed spaceport licensee or by a proposed range control service provider;

(e) the areas which could be affected by a major accident during the proposed spaceflight activities, including—

(i) their geography,

(ii) any structures in them built by humans or built for human use or benefit, and

(iii) the existing and expected locations of humans and areas of habitation within those areas.

3

For launch operator licence applicants, identification of the spaceport or other place from which the launch is to take place and the proposed spaceport licensee.

4

Identification of—

(a) any range control services needed;

(b) any proposed range control service providers;

(c) any site or facility other than a spaceport that has been or is to be used by the applicant in the design, manufacture, testing or operation of the applicant’s launch vehicle or any carrier aircraft.

5

(1) For launch operator licence applicants—

(a) a schedule of the preparatory events mentioned in the ground safety analysis required by regulation 27 setting out how long before the launch each preparatory event is intended to take place;

(b) the review processes the applicant will use to check—

(i) that launch preparations are progressing safely, and

(ii) whether the applicant and any other licensees involved in the launch are ready to commence the launch;

(c) a schedule of any safety-critical actions the proposed range control service provider and the proposed spaceport licensee will carry out in preparation for the launch from the time when the launch vehicle or its components arrive at the spaceport or other place from which the launch is to take place.

(2) In this paragraph, “safety-critical action” means any action which is essential to preventing the proposed spaceflight activities from causing a major accident.

6

Evidence that the applicant will, if granted the licence, be able to meet the requirements of regulations 84 to 104 of Part 8 (safety of operator’s spaceflight activities).

7

Details of the applicant’s safety management system for the proposed spaceflight activities.

8

Particulars of any licence, permit or approval that any country other than the United Kingdom has granted to the applicant in relation to the proposed spaceflight activities or a launch vehicle that the applicant plans to use for those activities.

9

Information about what applications, if any, the applicant has previously made for a licence or approval to carry out spaceflight activities similar to the proposed spaceflight activities, and what the outcome was of each of those applications.

10

Information about the applicant’s experience, if any, in the design, development or operation of launch vehicles, payloads or any other space-related hardware or software.

Technical particulars

11

Descriptions of the technical requirements which apply to the launch vehicle, which must be either—

(a) the requirements described under the headings of technical requirements types contained in Chapter 6 of the Space Engineering Technical Requirements Specification produced by the European Cooperation for Space Standardisation and dated 6th March 2009[^f00078], or

(b) requirements of substantially like effect to the requirements referred to in sub-paragraph (a).

12

(1) For each safety-critical system used in the proposed spaceflight activities—

(a) a description, drawing and schematic diagram of the system;

(b) a statement of the system’s purpose;

(d) a description of each way that system could fail;

(e) predicted probabilities of failure and, where known, failure frequencies;

(f) predicted consequences of failure;

(g) a description of any method used to check that the applicant has correctly identified the environment within which the system is expected to operate;

(h) a description of the methods used to—

(i) design, test and qualify the system;

(ii) accept the system hardware and any software for use;

(iii) determine the service life of the system and the major phases of its lifecycle;

(i) the criteria and procedures for disposal or refurbishment of the system or its major components;

(j) a description of any standards used in paragraphs (a) to (i).

(2) In this paragraph, “safety-critical system” means any system, including hardware and software, the performance of which is essential to preventing a major accident as a result of the proposed spaceflight activities.

13

A description of the engineering practices used in the design, manufacture, assembly and operation of the launch vehicle including of—

(a) the design and analysis tools used;

(b) any national or international design, engineering or safety standards followed;

14

A description of the engineering practices and design and operational measures that will be used to prevent or mitigate the creation of space debris during the proposed spaceflight activities, including identification of methods for verifying and validating those practices and measures.

15

Descriptions of any hazardous material that is part of the launch vehicle or payload or is to be carried on board the launch vehicle during the proposed spaceflight activities.

16

For any payload that the launch vehicle will carry, technical particulars relevant to the risk of a major accident, including—

(a) descriptions of any systems on board the payload that are required for the basic operation of the payload or necessary to carry out its intended mission;

(b) information about any hazardous material or any equipment or device carried on board the payload that could give rise to a major accident hazard;

(d) information about any essential interface between the payload and specific equipment at the place of launch.

17

Technical particulars of and performance data for any carrier aircraft intended to be used, including any existing aircraft certification or permit.

Flight safety analysis

18

(1) The hazards mentioned in regulation 26(2) which the applicant must consider in carrying out the flight safety analysis are—

(a) blast overpressure;

(b) fragmentation debris;

(d) toxic release;

(e) major accident hazards arising from—

(i) any discarded part of the launch vehicle and any object, including any payload, released or separated from the launch vehicle;

(ii) collision with a space object;

(iii) meteorological or environmental conditions;

(iv) the use of a carrier aircraft, if applicable;

(v) re-entry of the launch vehicle, or any part of it, from orbit, if applicable.

(2) The matters mentioned in regulation 26(3) which the applicant must take into account in carrying out the flight safety analysis are—

(a) the locations of individuals who could be harmed by any of the identified hazards;

(b) the applicant’s own and each proposed range control service provider’s capabilities in—

(i) tracking;

(ii) telemetry;

(iii) communications;

(d) how the applicant will coordinate and communicate with air traffic control service providers, meteorological information providers and emergency services;

(e) any legal requirements relevant to the applicant’s proposed use of airspace;

(f) information available about any known space object with which there is a risk of the launch vehicle colliding.

Ground safety analysis

19

The hazards mentioned in regulation 27(5) which the applicant must consider in carrying out the ground safety analysis are—

(a) blast overpressure;

(b) fragmentation debris;

(d) toxic release;

(e) major accident hazards arising from—

(i) hazardous material;

(ii) contamination of hazardous material intended for use in the launch vehicle;

(iii) impact damage and mechanical damage;

(iv) meteorological or environmental conditions;

(v) sources of electrical discharge.

SCHEDULE 2 — Matters applicant must take into account for the risk assessment

The applicant must consider all hazards that could cause a human occupant to experience or undergo any of the following—

(a) disorientation;

(b) acceleration;

(d) excessive noise or vibration;

(e) anxiety, claustrophobia or other conditions caused by restrictions on individual mobility or reduced ability to use the senses during spaceflight activities;

(f) loss of, or a reduction in the level of, launch vehicle pressurisation;

(g) depleted levels of oxygen and decompression sickness;

(h) fire, smoke or other emergency on board the launch vehicle which contaminates the supply of oxygen;

(i) evacuation of the launch vehicle;

(j) activation of a flight safety system.

SCHEDULE 3 — Training and qualification

PART 1 — Specified criteria

Launch directors

1

A launch director (“LD”) must have a detailed knowledge and understanding of—

(a) the operator’s spaceflight activities, including the operation of the launch vehicle and any carrier aircraft and all matters which may affect the safety of the launch;

(b) the responsibilities of the LD in relation to the licence of the spaceflight operator and any conditions imposed on that licence;

(c) all launch procedures and spaceflight procedures throughout all phases of the flight, including under both normal conditions and abnormal conditions, including emergency situations;

(d) in cases where the operator’s spaceflight activities require a flight safety system, the flight safety system, including autonomous flight safety systems and manual systems, and the circumstances and conditions for use of the flight safety system.

2

The LD must be able to demonstrate an ability to deal with both planned and unplanned events during—

(a) a launch, or a series of simulated launches, and

(b) flights,

in accordance with the procedures established by the spaceflight operator.

3

The LD must have the ability to organise and lead personnel of the spaceflight operator working on the launch, and any other staff involved with monitoring in real time the launch vehicle’s trajectory, performance or safe condition for continued flight.

4

The LD must have a comprehensive knowledge of pre-flight, flight and post-flight activities, including safety-critical ground operations and the role and functions of any sub-contractors and other agencies involved during the operator’s spaceflight activities.

5

The LD must have a clear understanding of—

(a) the role of the safety manager,

(b) the regulatory matters pertaining to the operator’s spaceflight activities,

(d) the processes involved in gaining final approval for launch.

6

The LD must have participated in practical training, which must include mission rehearsals, and either—

(a) participating in actual launch activities under the supervision of a qualified LD, or

(b) simulations of any circumstances where the trainee LD was forbidden from participating in actual launch activities under paragraph 7.

7

A trainee LD may not be given any role in relation to an actual launch if this could adversely affect flight safety.

Flight termination personnel

8

Every member of the flight termination personnel (“MFTP”) must have the knowledge, skill and ability to operate a manual flight safety system in accordance with the safety regulations in Part 8.

9

The MFTP must be familiar with—

(a) the spaceport or other place from which the launch is to take place or takes place, the launch vehicle and equipment used in the operator’s spaceflight activities, and

(b) the flight-safety functions and procedures which relate to the operator’s spaceflight activities.

10

The MFTP must have completed—

(a) training designed for each mission in which the MFTP is to participate, and

(b) launch and spaceflight simulation exercises and rehearsals designed to test the flight termination criteria, the flight safety data display integrity and the performance of the MFTPs for the flight in both normal and abnormal conditions, including emergency situations.

11

All MFTPs who monitor launch vehicle performance and perform flight termination, or oversee an automated flight safety system which performs these functions, must have detailed knowledge of—

(a) the application of safety support systems such as position-tracking sources, communications, telemetry and system redundancy,

(b) the technology and scientific principles associated with the flight safety systems used by the spaceflight operator, including hardware and software and any command destruct function,

(d) the behaviour of ballistic and aerodynamic vehicles in flight under the influence of aerodynamic forces, and

(e) the application of safety regulations in Part 8 and the procedures set out in the safety operations manual so far as they apply to flight termination.

12

The MFTP must also be capable of resolving, where possible, malfunctions in the flight safety systems used by the spaceflight operator, and be aware of the procedures to be followed if malfunctions cannot be resolved.

Flight crew and remote pilots

13

Every member of the flight crew (“MFC”) and remote pilot must be able to demonstrate their ability to operate the launch vehicle and to perform their assigned functions competently and safely throughout all phases of the flight in both normal and abnormal conditions, including emergency situations.

14

(1) An MFC of a sub-orbital aircraft must, subject to paragraph (3), hold—

(a) a commercial pilot’s licence with an instrument rating, issued by the CAA, or

(b) an ICAO compliant commercial pilot’s licence with instrument rating,

which, subject to paragraph (2), has a valid type-rating for at least one type of turbo-jet aircraft.

(2) The MFC may hold a licence within paragraph (1)(a) or (b) which does not have a valid type-rating for a type of turbo-jet aircraft if the MFC can provide evidence that the MFC is, or has been, qualified to fly a military turbo-jet aircraft.

(3) An MFC who is a pilot of a launch vehicle which is a balloon must hold—

(a) a commercial pilot’s licence for balloons issued by the CAA, or

(b) an ICAO compliant commercial pilot’s licence for balloons.

(4) A remote pilot must have any qualifications required by the regulator by conditions included in the spaceflight operator’s licence.

15

(1) Pilots and remote pilots must possess the aeronautical knowledge, experience and skills necessary to pilot and control the launch vehicle within airspace having the same classification as the airspace in which the launch vehicle will be operating, including in the vicinity of spaceports and airports.

(2) For the purposes of sub-paragraph (1), aeronautical experience may include hours in flight and hours under instruction.

16

(1) An MFC expecting to act as a pilot in command of a flight in which a spaceflight participant is to be carried (a “participant spaceflight”), must have undertaken one actual or simulated spaceflight in a launch vehicle of the same type as the spaceflight operator’s launch vehicle as a member of the flight crew within the period of 14 days ending on the day before the participant spaceflight (the “relevant period”).

(2) A remote pilot who intends to act as a remote pilot in command of a participant spaceflight must have undertaken one actual or simulated spaceflight in a launch vehicle of the same type as the spaceflight operator’s launch vehicle as a remote pilot within the relevant period.

17

An MFC must be able to demonstrate the MFC’s ability to withstand the mental and physical stresses of spaceflight including disorientation, illusory effects, rapid acceleration, microgravity, noise and vibration, in sufficient condition to be able to operate the launch vehicle throughout all phases of flight safely and competently.

18

(1) An MFC of a launch vehicle other than a balloon must be able to demonstrate an ability to perform tasks, equivalent in complexity to those which would be performed in flight, while exposed to the mental and physical stresses of rapid acceleration.

(2) Whether the MFC satisfies the criteria in sub-paragraph (1) must be tested in a centrifuge device or an aircraft, or in a combination of the two, that is able to replicate the effects on the human body of the forces of acceleration, the rate of change of those forces and their duration, in conditions equivalent to the periods of the flight when those forces are most acute.

19

An MFC and a remote pilot must hold a flight radiotelephony operator’s licence for the area of operation of the licensee’s spaceflight activities, which certifies that they have language proficiency in English to level 6, in accordance with Appendix 2 to the Aircrew Regulation.

20

An MFC must have previous experience as a member of the flight crew or as a remote pilot in a launch vehicle or aircraft that exposed the MFC—

(a) to a workload which is equivalent to that expected of an MFC or a remote pilot undertaking the spaceflight activities, and

(b) to effects on the body of rapid onset and diminution of acceleration at least equivalent to those which would be experienced during a typical flight of the spaceflight operator’s launch vehicle.

Sub-orbital aircraft engineers

21

(1) A sub-orbital aircraft engineer for a sub-orbital aircraft intended to carry humans must hold—

(a) an aircraft engineer’s licence issued by the CAA which is relevant to turbo-jet powered aircraft, or

(b) an equivalent ICAO compliant aircraft maintenance engineer’s licence.

(2) The sub-orbital aircraft engineer referred to in sub-paragraph (1) must be able to demonstrate an ability to carry out any inspections and functional checks and to review any information, which are necessary to confirm that the launch vehicle complies with conditions referred to in regulation 99 in so far as readiness of the launch vehicle to launch is concerned.

Range operations manager

22

A range operations manager (“ROM”) must be able to demonstrate competence in—

(a) coordinating arrangements for the activation and operation of the range, and

(b) ensuring—

(i) that range functions of a mission are carried out in accordance with the terms and conditions of the range control licence, and

(ii) effective functioning of range operation and personnel in support of the spaceflight activities.

23

The ROM must ensure that the ROM’s team has completed mission-specific training so that the team is ready to support the spaceflight activities involved in a mission.

24

The ROM must have experience in a similar or related role in another organisation.

Range safety manager

25

A range safety manager (“RSM”) must have completed—

(a) mission-specific training to ensure that the team is ready for a mission, and

(b) launch and spaceflight simulation exercises and rehearsals covering both normal and abnormal conditions, including emergency situations, designed to test—

(i) range safety personnel performance,

(ii) flight termination criteria, and

(iii) flight safety data-display integrity.

26

The RSM must be able to demonstrate familiarity with the range, spaceport or other place from which the launch is to take place or takes place, launch vehicle and the flight safety system functions, equipment and procedures related to the operator’s spaceflight activities.

27

Where the RSM is to be responsible for operating, or for overseeing the operation of, the flight safety system, the RSM must be able to demonstrate the knowledge, skill and ability necessary to operate that system, or, in the case of an autonomous flight safety system, to oversee the operation of that system.

28

The RSM must be able to demonstrate detailed knowledge of—

(a) the application of safety support systems such as position-tracking sources, communications, telemetry and system redundancy,

(b) the technology and scientific principles associated with the flight safety system to be used by the spaceflight operator, including hardware and software and any command destruct function,

(d) the behaviour of ballistic and aerodynamic vehicles in flight under the influence of aerodynamic forces, and

(e) the application of safety regulations in Part 8 and the procedures set out in the safety operations manual so far as they apply to flight termination.

29

The RSM must also be capable of resolving malfunctions in flight safety systems used by the spaceflight operator and be aware of the procedures to be followed if malfunctions cannot be resolved.

PART 2 — Training manual

30

The training manual must contain the matters set out in paragraphs 31 to 47.

31

The training policy of the licensee, including guidance on objective assessment, the need for impartiality, and what provision is made for independent confirmation that an individual meets the required standard of competency.

32

The responsibilities of the training manager.

33

The responsibilities of instructors carrying out any part of the training programme.

34

Information for instructors on the training programme, including—

(a) the syllabus and content for each course on the training programme,

(b) what assessments are to be carried out on the training programme, and

35

The locations where any training is to be carried out.

36

The procedures established by the licensee to satisfy its obligations under regulation 72(1), and, where the licensee will be undertaking spaceflight activities with individuals on board a launch vehicle, to enable crew members and spaceflight participants to satisfy their obligations under Chapter 5 of Part 8.

37

The entry requirements for applicants for each role.

38

The procedures to be adopted for determining that an individual has met the required standard of competency to undertake a role, and for recording that fact.

39

A full description of the training programme, including—

(a) a schedule of all the training provided, indicating—

(i) the priority and sequence of courses of training,

(ii) the intervals at which recurrent training will be provided, and

(iii) when assessments will be carried out;

(b) a statement of the standards, objectives and training goals for each course of training included in the training programme, setting out—

(i) what training is provided, at each level referred to in regulation 69(3)(a),

(ii) who will be providing the training,

(iii) when practical instruction, in the form of group training, exercises and simulations, will be used,

(iv) what theoretical instruction will be given, and

(v) what criteria a participant has to satisfy to pass a course, and

(i) any aircraft referred to in regulation 70(3), and

(ii) any simulated training devices or other equipment referred to in regulation 71,

which is used in any of the training given on the training programme, and how it is intended to be used in the training programme.

40

A full description of the arrangements made for undertaking mission rehearsals in compliance with regulation 70(5), including the time at which mission simulations are held, and who participates in them.

41

A statement describing any arrangements which have been made with a third party for the provision of any services or equipment by the third party, setting out precisely what services or equipment are to be provided by that third party.

42

A statement of how the licensee, other than a spaceport licensee, will ensure that relevant individuals, before undertaking any role in relation to licensed activities, have undertaken the required training, and have reached the required level of competence and medical fitness for their roles, including—

(a) a description of the procedures for testing the competency of relevant individuals, and the standards to be applied in relation to each role;

(b) the procedures for medical assessments and medical examinations.

43

A statement of the policy in relation to individuals who do not fully complete training, fail a competency test, or withdraw or are withdrawn from training.

44

Where the licensee will be undertaking spaceflight activities with individuals on board a launch vehicle, the informed consent procedures applying to the crew and any spaceflight participants.

45

The procedures of the licensee, other than a spaceport licensee, for recording results of training undertaken by relevant individuals, and keeping the records of those results, including the measures being taken to ensure the confidentiality of personal information.

46

The measures being taken to assess the performance of training instructors and to review the adequacy and suitability of the training being provided.

47

A section setting out the measures the licensee is taking to satisfy the medical requirements in these Regulations which apply to the licensee’s activities, which must, where appropriate to those activities, contain—

(a) the licensee’s policy in relation to medical fitness;

(b) information on the responsibilities of the licensee, and the training manager in relation to medical fitness under regulations 58(6)(c) and 58(7)(b), 63(1)(a), and 72 to 77;

(c) information on the responsibilities of the aeromedical examiner and medical staff taking part in the licensee’s medical programme;

(d) the medical requirements for any flight crew, remote pilots and spaceflight participants under this Part;

(e) the obligations of any flight crew, remote pilots and spaceflight participants under regulations 72 to 77;

(f) information for approved medical examiners, any flight crew and spaceflight participants and their medical advisers on—

(i) when medical examinations and assessments will be held, and how they will be conducted;

(ii) where medical examinations will be conducted, and what equipment and facilities are available for them;

(iii) what medical reports will be required for the purpose of medical assessments;

(iv) what conditions may be imposed on a certificate or confirmation of medical fitness under regulation 73(6);

(g) a list of the medical records kept by the licensee under regulation 77.

PART 3 — Training for specified roles and capacities

48

Every member of the crew and remote pilot must have received the training described in paragraphs 49 and 50 before they are assigned duties on board a launch vehicle or, in the case of a remote pilot, permitted to pilot a launch vehicle remotely.

49

Every member of the crew and remote pilot must receive theoretical and practical training on—

(a) all matters where coordination between members of the crew, remote piloting staff and spaceflight participants is critical to dealing effectively with normal and abnormal situations, including emergency situations, and

(b) the location and use of the launch vehicle’s emergency equipment including the procedures for evacuating the launch vehicle, and for these purposes, “emergency equipment” has the same meaning as in regulation 112(3).

50

Every member of the crew and spaceflight participant must receive training in withstanding the stresses of spaceflight activities, including training on—

(a) the causes of disorientation, and what effects of disorientation may be experienced by crew and spaceflight participants during the various phases of flight,

(b) what physical effects may be experienced as a result of—

(i) gradual or instantaneous acceleration, and

(ii) free-falling in circumstances equivalent to reduced gravity, and

how those effects may be mitigated,

(c) how to reduce the effects of excessive noise and vibration, including the methods and equipment available for this purpose,

(d) techniques available for countering anxiety, claustrophobia and other conditions which may be caused by restrictions on individual mobility or reduced ability to use the senses during spaceflight,

(e) procedures for a loss of launch vehicle pressurisation, or a reduction in the level of launch vehicle pressurisation, including how to deal with depleted levels of oxygen and decompression sickness,

(f) procedures for dealing with fires, smoke or other emergencies on board the launch vehicle when the supply of oxygen becomes contaminated, and

(g) survival techniques following an evacuation, including basic first aid, so far as relevant to the operator’s intended spaceflight activities.

51

Every member of the crew and remote pilot must receive training in—

(a) co-ordination of the crew,

(b) the extent to which human error may affect the safety and efficiency of spaceflight activities, and how this may be mitigated, and

52

Every spaceflight participant must receive training in—

(a) what functions, if any, they are directly responsible for,

(b) how these functions relate to the functions of others on board the launch vehicle, particularly during abnormal or emergency conditions,

(c) entering and leaving the launch vehicle and the actions to be taken on board the launch vehicle during all phases of the flight,

(d) the instructions to be complied with in relation to any direction from the crew,

(e) what hazardous forms of activity are forbidden during training and during the spaceflight activities,

(f) the use of any personal protective equipment,

(g) the location and use of the launch vehicle’s emergency equipment, and

(h) the procedures for evacuating the launch vehicle.

SCHEDULE 4 — Requirements and matters to be addressed by safety management systems

1

In this Schedule—

“emergency response plan” means the plan referred to in regulation 104 (in the case of a spaceflight operator) and in regulation 165 (in the case of a spaceport licensee);

“licensed activities” means the activities which a person is authorised to carry out by virtue of a launch operator licence, a return operator licence or a spaceport licence;

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

“safety-critical information” means any information which is essential to the licensee satisfying its safety duty;

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