(b) to be attributable to any neglect on the part of a partner,

the partner (as well as the partnership) is guilty of the offence and is liable to
be proceeded against and punished accordingly.

(6) In this section—

• 5“offence” means an offence created by or under this Act;

• “partner” includes a person purporting to act as a partner.

59 Civil sanctions

(1) In this section—

• “the 2008 Act” means the Regulatory Enforcement and Sanctions Act
  102008;

• “offence under this Act” includes an offence under regulations made
  under this Act but does not include an offence under Schedule 4.

(2) Regulations may make any provision, in relation to an offence under this Act,
that could be made under Part 3 of the 2008 Act (civil sanctions) if—

(a) 15the regulator (within the meaning of this Act) were a regulator for the
purposes of Part 3 of the 2008 Act, and

(b) the offence were a relevant offence in relation to that regulator for those
purposes.

(3) For the purposes of subsection (2), references in section 46 of the 2008 Act (stop
20notices) to any of the matters referred to in subsection (6) of that section are to
be read as references to any of the following matters—

(a) public safety;

(b) persons carried in spacecraft or carrier aircraft;

(c) persons at work at spaceports, mission management facilities or sites
25used 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.

(4) Sections 63 to 69 of the 2008 Act (guidance; exercise of powers; payment into
Consolidated Fund) apply to provision made under this section as they apply
30to provision made under Part 3 of that Act.

(5) For the purposes of subsection (4)—

(a) references to a regulator in sections 63 to 69 of the 2008 Act are to be
read as references to the regulator within the meaning of this Act, but

(b) section 68 of the 2008 Act does not apply where the regulator is the
35Secretary of State.

Appeals

60 Appeals

Schedule 10, which makes provision for—

(a) appeals against decisions under this Act and under the Outer Space Act
401986, and

(b) the establishment of panels to consider such appeals,

has effect.

Miscellaneous

61 Register of launches

(1) The Secretary of State must maintain a register of launches that have taken
place from spaceports in the United Kingdom.

(2) 5Subsection (1) applies only to launches resulting, or intended to result, in—

(a) a craft or object going beyond the stratosphere, or

(b) a balloon reaching the stratosphere carrying crew or passengers.

(3) In relation to each launch, the register must include as much of the following
information as the Secretary of State considers appropriate to include (and may
10include any other information that he or she thinks is appropriate to include)—

(a) the date of the launch;

(b) the spaceport from which the launch took place;

(c) the nature of each spacecraft or carrier aircraft launched;

(d) the purpose of the launch.

(4) 15The Secretary of State must ensure that the public can view the information in
the register free of charge.

(5) The obligations of the Secretary of State under this section and under section 7
of the Outer Space Act 1986 (register of space objects) may be discharged by
maintaining a single register of launches and space objects.

62 20Charging schemes

Schedule 11, which makes provision about schemes for making charges in
respect of the performance of functions conferred on the Secretary of State or
the regulator by or under this Act, has effect.

63 Provision of advice and assistance by or to an appointed person

(1) 25An appointed person must provide to the Secretary of State, or to any other
person, any advice or assistance that the Secretary of State requires the
appointed person to provide in connection with any functions conferred on the
Secretary of State by or under this Act.

(2) A requirement imposed under subsection (1) to provide advice or assistance in
30connection with a function may be expressed so as to operate as a continuing
requirement on the appointed person to provide advice or assistance in
connection with that function.

(3) Where under subsection (1) the Secretary of State —

(a) requires an appointed person to provide advice or assistance to a
35person other than the Secretary of State, but

(b) does not undertake to pay the appointed person the cost of doing so,

the appointed person may refuse to do so until the other person pays to the
appointed person any reasonable charges in respect of the advice or assistance
that the appointed person determines.

(4) 40An appointed person is entitled to recover from the Secretary of State a sum
equal to any expense reasonably incurred by the person in providing the

Secretary of State with advice or assistance in response to a requirement
imposed under subsection (1).

(5) A reference to the Secretary of State in subsections (1) to (4) includes a reference
to an appointed person other than one required to provide the advice or
5assistance.

(6) The Secretary of State may provide advice or assistance to an appointed
person, at the person’s request, in connection with any functions conferred on
the person by or under this Act.

(7) The Secretary of State is entitled to recover from an appointed person a sum
10equal to any expense reasonably incurred by the Secretary of State in providing
the person with advice or assistance under subsection (6).

64 Co-operation between Secretary of State and other public authorities

(1) The Secretary of State and a public authority listed in subsection (2) may enter
into and maintain arrangements with each other for securing co-operation, and
15the exchange of information, with regard to the carrying out of any of their
functions under or in connection with this Act.

(2) The listed public authorities are—

(a) the regulator (if not the Secretary of State);

(b) the CAA (if not an appointed person);

(c) 20the Health and Safety Executive;

(d) the Health and Safety Executive for Northern Ireland;

(e) the Office for Nuclear Regulation;

(f) any other public authority with which the Secretary of State considers
it would be appropriate to enter into arrangements under this section.

(3) 25The parties to any arrangements made under this section must—

(a) review the arrangements from time to time;

(b) revise them when they consider it appropriate to do so.

65 Agreements with other countries: compliance with requirements etc

(1) Regulations may provide that, in prescribed circumstances and subject to
30prescribed conditions, compliance with a prescribed requirement or
prohibition imposed for the purpose of giving effect to a relevant agreement is
to be taken as compliance with a prescribed requirement or prohibition
imposed by subordinate legislation.

(2) In this section—

• 35“relevant agreement” means an agreement between the United Kingdom
  and another country relating to spaceflight activities;

• “subordinate legislation” has the same meaning as in the Interpretation
  Act 1978 (see section 21(1) of that Act).

66 Use of records and documentary evidence

(1) 40In any legal proceedings, a document purporting to be certified by a prescribed
person as being, or as being a true copy of, or of part of, a document issued or
a record kept by the regulator for the purposes of this Act, or regulations made

under this Act, is evidence, and in Scotland sufficient evidence, of the matters
appearing from the document.

(2) In any legal proceedings, any record to which subsection (3) applies is
evidence, and in Scotland sufficient evidence, of the matters appearing from
5the record.

(3) This subsection applies to a record if it was made by and is produced from the
custody of a prescribed person, or a person acting under the control of a
prescribed person, and purports to show—

(a) the position of a spacecraft at any material time,

(b) 10the terms or content of any message or signal transmitted to any
spacecraft (whether alone or in common with other spacecraft) by the
prescribed person or the person acting under that person’s control, or

(c) the terms or content of any message received from a spacecraft by the
prescribed person or the person acting under that person’s control.

(4) 15The reference in subsection (3) to a record made by or under the control of a
prescribed person includes a reference to a document or article—

(a) purporting to be a copy of the record so made, and

(b) certified to be a true copy by, or on behalf of, the prescribed person or
the person acting under that person’s control.

20This section has effect in relation to such a copy as if in subsection (3) the words
“and is produced from the custody of” were omitted.

(5) A person who certifies a document or article as mentioned in subsection (4)(b)
knowing that it is not a true copy commits an offence.

General

67 25Minor and consequential amendments

(1) Schedule 12 (minor and consequential amendments) has effect.

(2) The Secretary of State may by regulations make provision that is consequential
on any provision made by this Act.

(3) Regulations under this section may not amend or repeal primary legislation.

(4) 30In this section “primary legislation” means—

(a) an Act of Parliament;

(b) an Act of the Scottish Parliament;

(c) an Act or Measure of the National Assembly for Wales;

(d) Northern Ireland legislation.

68 35Regulations: general

(1) Regulations may make provision generally for carrying this Act into effect and
for achieving the purpose set out in section 1(1).

(2) A power to make regulations or an order under this Act may be exercised—

(a) for all cases to which the power applies, for those cases subject to
40specified exceptions, or for any specified cases or descriptions of case;

(b) so as to make, for the cases for which it is exercised—

(i) the full provision to which the power applies or any less
provision (whether by way of exception or otherwise);

(ii) the same provision for all cases for which the power is
exercised, or different provision for different cases or different
5descriptions of case, or different provision as respects the same
case or description of case for different purposes of this Act;

(iii) any such provision either unconditionally or subject to
specified conditions.

(3) Regulations under this Act may make—

(a) 10different provision for different areas;

(b) provision applying to conduct or places outside the United Kingdom;

(c) supplemental, incidental, transitional, saving or consequential
provision (including transitional or saving provision about licences
under the Outer Space Act 1986 or applications for such licences).

(4) 15A power to make regulations under this Act is exercisable by the Secretary of
State by statutory instrument.

(5) A statutory instrument containing regulations under this Act, other than—

(a) an instrument within subsection (6), or

(b) an instrument containing regulations under section 70,

20is subject to annulment in pursuance of a resolution of either House of
Parliament.

(6) A statutory instrument containing (whether alone or with other provision)—

(a) regulations under section 4(2),

(b) the first regulations to be made under section 5(2),

(c) 25regulations under section 7(4),

(d) the first regulations to be made under section 7(6),

(e) regulations under section 9,

(f) the first regulations to be made under section 13(7),

(g) the first regulations to be made under section 19,

(h) 30the first regulations to be made under section 23,

(i) regulations under section 35(5),

(j) regulations under section 36(3)(a),

(k) regulations under section 59,

(l) regulations under section 65, or

(m) 35regulations that create offences,

may not be made unless a draft of the instrument has been laid before each
House of Parliament and approved by a resolution of each House.

(7) The Secretary of State must carry out a public consultation before making
regulations to which subsection (6) applies.

40Where the Secretary of State lays before Parliament a draft of an instrument
containing such regulations, it must be accompanied by a report by the
Secretary of State about the consultation.

(8) The duties imposed by subsection (7) do not apply where the regulations
amend other regulations and, in the opinion of the Secretary of State, they do
45not make any substantial change.

(9) Any provision that under this Act may be included in regulations (other than
regulations under section 70) may be included in an Air Navigation Order.

Accordingly, in any provision of this Act except—

(a) subsections (6) to (10) of this section, and

(b) section 70,

5a reference (however expressed) to regulations under this Act is to be read as
including a reference to an Air Navigation Order.

(10) An Air Navigation Order containing affirmative-resolution provision may not
be submitted to Her Majesty in Council unless a draft of the Order has been
laid before each House of Parliament and approved by a resolution of each
10House.

Provision is “affirmative-resolution provision” if—

(a) it is included in the Air Navigation Order in reliance on subsection (9),
and

(b) subsection (6) would apply to a statutory instrument containing
15regulations making that provision.

69 Interpretation

(1) In this Act—

• “Air Navigation Order” means an Order in Council under section 60 of
  the Civil Aviation Act 1982;

• 20“appointed person” means a person appointed by regulations under
  section 16;

• “the CAA” means the Civil Aviation Authority;

• “carrier aircraft” has the meaning given in section 2(6);

• “carry out”, in relation to an activity, is to be read in accordance with
  25section 1(2);

• “enactment” includes—

  (a)

  an enactment contained in subordinate legislation (within the
  meaning given in the Interpretation Act 1978);

  (b)

  an enactment contained in, or in an instrument made under, a
  30Measure or Act of the National Assembly for Wales;

  (c)

  an enactment contained in, or in an instrument made under, an
  Act of the Scottish Parliament;

  (d)

  an enactment contained in, or in an instrument made under,
  Northern Ireland legislation;

• 35“injury or damage” means personal injury, death or physical damage;

• “insurance”, “insured” and “reinsurance” are to be read in accordance
  with section 38(8);

• “land order” has the meaning given in section 41(4);

• “launch” is to be read in accordance with subsection (2);

• 40“local authority” has the meaning given in section 105 of the Civil
  Aviation Act 1982;

• “mission management facility” has the meaning given in section 19(4);

• “operator licence” has the meaning given in section 3(2);

• “outer space” has the same meaning as in the Outer Space Act 1986;

• 45“prescribed” means prescribed by regulations;

• “public safety” has the meaning given in section 2(6) and (7);

• “range” has the meaning given in section 5(1);

• “range control services” has the meaning given in section 6;

Space Industry BillPage 46

• “range control licence” and “range control service provider” have the
  meaning given in section 7(2);

• “regulated person” has the meaning given in section 28(8);

• “the regulator” has the meaning given in section 16(8);

• 5“risk assessment” has the meaning given in section 9(2);

• “rocket” means a projectile of mainly cylindrical or similar shape that can
  be propelled from or above the earth by combustion of its fuel (or fuel
  and oxidant);

• “safety regulations” means regulations under section 19;

• 10“sea”, in relation to the United Kingdom, includes the territorial sea
  adjacent to the United Kingdom;

• “security regulations” means regulations under section 23;

• “spacecraft” has the meaning given in section 2(6);

• “spaceflight activities” has the meaning given in section 1(4) to (6);

• 15“space object” has the same meaning as in the Outer Space Act 1986;

• “spaceport” has the meaning given in section 3(2) and (3);

• “spaceport licence” has the meaning given in section 3(2);

• “space site” has the meaning given in paragraph 5(3) of Schedule 4;

• “statutory undertaker” and “statutory undertaking” have the meaning
  20given in subsection (3), read with subsection (4);

• “take part”, in relation to spaceflight activities, is to be read in accordance
  with section 9(9);

• “training regulations” means regulations under section 18.

(2) In this Act, a reference to launching a craft includes a reference to—

(a) 25causing it to take off, or

(b) (in the case of balloon) releasing it,

and “launch” (as a noun) is to be read accordingly.

(3) “Statutory undertaker” means—

(a) the holder of a licence under Chapter 1 of Part 1 of the Transport Act
302000 (an “air traffic licensee”);

(b) a universal service provider (within the meaning of Part 3 of the Postal
Services Act 2011) in connection with the provision of a universal postal
service (within the meaning of that Part of that Act);

(c) a person authorised by any Act (whether public general or local), or by
35any order or scheme under such an Act, to construct, work or carry
on—

(i) a railway, light railway, tramway, road transport, water
transport, canal, inland navigation, dock, harbour, pier or
lighthouse undertaking, or

(ii) 40an undertaking for the supply of hydraulic power.

“Statutory undertaking” is to be read accordingly.

(4) For the purposes of this Act—

(a) an air traffic licensee is taken to be a statutory undertaker only when
carrying out activities authorised by the licence under the Transport
45Act 2000 (and the licensee’s undertaking is taken to be a statutory
undertaking only to the extent that it is its undertaking as an air traffic
licensee);

(b) the undertaking of a universal service provider so far as relating to the
provision of a universal postal service is taken to be the provider’s
statutory undertaking.

References to a person’s undertaking are to be read accordingly.

(5) 5The fact that a spaceport licence is in force in respect of any site does not affect
the question whether that site, or any area of land or water of which it (or any
part of it) forms part, is an aerodrome within the meaning of the Civil Aviation
Act 1982.

70 Commencement

(1) 10This Act, apart from sections 68 to 72 (which come into force on the day on
which this Act is passed), comes into force on whatever day or days the
Secretary of State appoints by regulations.

(2) Regulations under this section—

(a) may appoint different days for different purposes;

(b) 15may make transitional, transitory or saving provision.

71 Extent

(1) Subject to the following subsections, this Act extends to England and Wales,
Scotland and Northern Ireland.

(2) The following provisions do not extend to Northern Ireland—

(a) 20section 39(12);

(b) section 46 and Schedule 9;

(c) section 47.

(3) Section 48 extends to Northern Ireland only.

(4) An amendment made by Schedule 12 has the same extent as the provision to
25which it relates.

(5) Her Majesty may by Order in Council direct that any of the provisions of this
Act extend, with any modifications specified in the Order, to—

(a) any of the Channel Islands;

(b) the Isle of Man;

(c) 30any British overseas territory.

72 Short title

(1) This Act may be cited as the Space Industry Act 2018.

(2) Nothing in this Act shall impose any charge on the people or on public
funds, or vary the amount or incidence of or otherwise alter any such charge
35in any manner, or affect the assessment, levying, administration or
application of any money raised by any such charge.

SCHEDULES

Section 13

SCHEDULE 1 Particular conditions that may be included in licences

1 Conditions as to compliance with—

(a) 5safety requirements regarding the design and operation of
spacecraft, carrier aircraft and payloads;

(b) requirements regarding the assembling, integration and fuelling of
spacecraft or carrier aircraft, mating of spacecraft or carrier aircraft to
their payloads and fuelling of payloads;

(c) 10requirements for handling strategies relating to the security and
integrity of payloads;

(d) requirements relating to range, tracking, surveillance, risk
management, weather measurement and meteorological forecasting;

(e) requirements for the protection of persons whose health or safety
15could be put at risk by spaceflight activities carried out by the
licensee, or at or from a spaceport operated by the licensee;

(f) requirements for the protection of sensitive or restricted information,
technology or items;

(g) space debris mitigation guidelines.

2 20Conditions as to following advice given by a range control service provider.

3 Conditions as to the craft or equipment, or the types of craft or equipment,
used for or in connection with spaceflight activities (including training for
spaceflight activities).

4 Conditions as to trajectories and mission profiles.

5 25Conditions requiring the licensee to provide the regulator, or a range control
service provider, as soon as possible with—

(a) information as to the date and location of any launch;

(b) the basic orbital parameters of any space object to be put into orbit,
including nodal period, inclination, apogee and perigee;

(c) 30any other information that the regulator, or a range control service
provider, may require concerning the nature, conduct, location and
results of the licensee’s activities.

6 Conditions requiring the licensee to obtain advance approval from the
regulator for any intended deviation from notified orbital parameters, and
35to inform the regulator or a range control service provider immediately of
any unintended deviation.

7 Conditions requiring the carrying out of assessments of the impact that
noise and emissions from spaceflight activities authorised by the licence are
expected to have on communities in the vicinity.

8 Conditions imposing restrictions as to areas in relation to which, the times
at which and the manner in which spaceflight activities are carried out.

9 Conditions requiring the licensee to notify specified persons—

(a)of any spaceflight activities that are due to be carried out which will
5or may involve a spacecraft, carrier aircraft or other object flying
over, or falling into, a specified area of water;

(b) of any risk of damage to persons or property in the area whilst the
activities are carried out.

10 Conditions requiring—

(a) 10the launch of a spacecraft or carrier aircraft to be aborted or delayed,
or

(b) unmanned spacecraft or other objects to be destroyed,

in specified circumstances.

11 Conditions governing the disposal of any payload in outer space on the
15termination of operations and requiring the licensee to notify the regulator
as soon as practicable of its final disposal.

12 Conditions designed to secure compliance with—

(a) obligations of the United Kingdom under agreements entered into
with other countries;

(b) 20any other international obligations of the United Kingdom.

13 Conditions imposing restrictions or prohibitions on spacecraft or carrier
aircraft landing outside the United Kingdom.

14 Conditions requiring the licensee to conduct the licensee’s activities in such
a way as—

(a) 25to prevent the contamination of outer space or adverse changes in
the environment of the earth,

(b) to avoid interference with the activities of others in the peaceful
exploration and use of outer space,

(c) to preserve the national security of the United Kingdom, and

(d) 30not to prejudice the foreign policy of Her Majesty’s government in
the United Kingdom.

15 Conditions requiring spaceflight activities to be carried out at—

(a) a spaceport that the licensee or another person is authorised to
operate by a spaceport licence,

(b) 35an aerodrome licensed under an Air Navigation Order,

(c) an aerodrome occupied for the purposes of the armed forces of the
Crown, or

(d) an aerodrome authorised by a certificate under Commission
Regulation (EU) No 139/2014 of 12 February 2014 laying down
40requirements and administrative procedures related to aerodromes
pursuant to Regulation (EC) No 216/2008 of the European
Parliament and of the Council.

16 Conditions (in the case of a spaceport licence) prohibiting spaceflight
activities, or spaceflight activities of a specified description, from being
45carried out without the prior approval of the regulator.

17 Conditions requiring a mission management facility to be located in the
United Kingdom if the spaceflight activities controlled from the facility