The Space Industry Regulations 2021
Draft 2021, ISBN 9780348223682
Draft Regulations laid before Parliament under section 68(6) of the Space Industry Act 2018, for approval by resolution of each House of Parliament.
Space Industry
Made 2021
Coming into force ***
The Secretary of State, in exercise of the powers conferred by—
sections 2(7), 3(5), 4(2) and (4), 5(2)(a) to (c), 7(6)(a) to (e), 8(5) to (7), 9(2), (3), (5) and (6), 10(b), 13(3), 16(1) and (2)(a) to (c), 17(1) and (3), 18(1), (4) and (5), 19(1), 23(1), 26(3), 34(3)(a), (5) and (6), 35(5)(b), 36(3)(a), 54, 56(4), 59(2), 66(1) and (3), 68(1) to (3) of,
Schedule 2 to,
paragraphs 1(1), 1(3)(a) and (b), 2(1) and (3), 3(1) and (2), 5(a), 6(1)(c) and (3) of Schedule 3 to, and
paragraphs 1(1), (2), (4) and (5) of Schedule 5 to,
the Space Industry Act 2018f1, makes the following Regulations.
In accordance with section 4(2) of that Act, the Secretary of State is satisfied that in the cases set out in these Regulations, the requirement for an operator licencef2 is not necessary to secure public safety, to secure the health and safety of individuals taking part in spaceflight activities in a role or capacity prescribed under section 17(1) or to secure compliance with the international obligations of the United Kingdom.
In accordance with section 68(7) of that Act, the Secretary of State has carried out a public consultation.
In accordance with section 68(6) and (7) of that Act, a draft of this instrument and a report about the consultation have been laid before Parliament.
In accordance with section 68(6) of that Act, the draft has been approved by a resolution of each House of Parliament.
Annotations to the whole text
Footnotes
- f1
-
2018 c. 5. See section 69(1) for the definition of “prescribed”.
- f2
-
See section 3(2) of the Space Industry Act 2018 for the definition of “operator licence”.
Contents
- Part 1: General
- 1Citation, commencement and extent
- 2Interpretation
- Part 2: Appointment of the regulator
- 3Appointment of Civil Aviation Authority
- 4Concurrent appointment for functions of issuing guidance
- Part 3: Grant of a licence – general
- Chapter 1: Eligibility criteria and prescribed roles for licensees
- 5Application of eligibility criteria
- 6Eligibility criteria
- 7Prescribed roles: spaceport licensees
- 8Prescribed role: all operators
- 9Prescribed roles: spaceflight operators
- 10Additional prescribed role for operators to whom regulation 9 does not apply
- 11Prescribed roles: range control licensees
- 12Licensee’s duty to ensure necessary resources for individuals in prescribed roles
- 13Duty to inform regulator of changes: individuals in prescribed roles
- 14Offence of failure to inform regulator of changes: individuals in prescribed roles
- Chapter 2: Operator licences: exemptions
- 15Operator licences: exemptions
- Chapter 3: Grant of a licence: general
- 16Interpretation of this Chapter
- 17Delegation of power to the regulator
- 18How to apply for a licence
- 19How the regulator considers the application
- 20How the regulator determines the application
- 21Preparation of the licence and informing the applicant of its grant
- 22Informing the applicant of the refusal of a licence
- 23Renewal of a licence
- 24Withdrawal of an application for a licence
- Part 4: Grant of a spaceflight operator licence: risk
- Chapter 1: Interpretation
- 25Interpretation
- Chapter 2: Risks to persons who are not crew or spaceflight participants
- Steps applicant must take to ensure that risks are as low as reasonably practicable
- 26Flight safety analysis
- 27Ground safety analysis
- 28Steps to be taken for each identified hazard
- Information to be provided to the regulator
- 29Contents of the safety case
- 30Applicant to provide safety operations manual to regulator
- Chapter 3: Risk assessments
- 31Prescribed roles
- 32Prescribed requirements for risk assessment
- 33Information to be provided to regulator about risk assessment
- Part 5: Grant of a spaceport licence
- Chapter 1: Interpretation
- 34Interpretation
- Chapter 2: Prescribed criteria and requirements
- 35Grant of a spaceport licence: prescribed criteria for horizontal spaceports
- 36Grant of a spaceport licence: safety case requirement
- 37Grant of a spaceport licence: safety clear zone requirement
- 38Grant of a spaceport licence: siting assessment requirement
- Chapter 3: Members of the public
- 39“Members of the public”: prescribed meaning under section 2(7) for the purpose of section 10(a) (grant of a spaceport licence)
- 40Persons who are not members of the public
- Part 6: Range Control Services
- Chapter 1: Interpretation
- 41Interpretation
- Chapter 2: Requirements about the licensee’s capability
- 42The licensee’s organisation and management
- Chapter 3: Agreements with relevant authorities
- 43Relevant agreements
- 44Relevant authorities
- 45Communication with relevant authorities
- Chapter 4: The range and hazard areas
- 46Identification of the designated range
- 47Identification of hazard areas
- 48Monitoring of a hazard area
- Chapter 5: Notification requirements
- 49Requirement to notify persons
- 50Notification requirements
- 51Warning notices
- Chapter 6: Safety
- 52Safety and quality management systems requirement
- Chapter 7: Applicable conditions where an operator is authorised to provide range control services in respect of the operator’s spaceflight activities
- 53Application
- 54Conditions applying to spaceflight operator
- Part 7: Training, qualifications and medical fitness
- Chapter 1: General
- 55Interpretation
- 56Specified roles and criteria
- 57Specified capacities and criteria
- 58Responsibility of licensees
- 59Training resources
- 60Records
- Chapter 2: The training manager
- 61The training manager
- 62The training manager (application for approval)
- 63The training manager’s functions
- 64Approval of the appointment of training manager
- 65Termination of the training manager’s approval
- Chapter 3: Training manual
- 66Training manual
- 67Approval of the training manual
- 68Changes to the training manual
- Chapter 4: Training programme
- 69Training programme
- 70Training and assessments
- 71Training equipment
- Chapter 5: Medical Fitness
- 72Medical obligations
- 73Certificates and confirmation of medical fitness
- 74Illness, injury and related conditions
- 75Disability
- 76Validity of medical certificate
- 77Medical records
- Part 8: Safety of operator’s spaceflight activities
- Chapter 1: Interpretation
- 78Interpretation
- Chapter 2: A spaceflight operator’s safety duty
- 79A spaceflight operator’s safety duty
- Chapter 3: Review and revision of safety case and risk assessment
- 80Safety case and risk assessment review and revision requirements
- 81Steps required after review, or review and revision, of the safety case
- 82Steps required after review, or review and revision, of the risk assessment
- Chapter 4: Other safety requirements
- Demonstrating requirements
- 83Demonstration of compliance with safety requirements
- Requirements about a spaceflight operator’s organisation and management
- 84A spaceflight operator’s organisation
- 85Safety management system
- Requirements about specific safety roles
- 86Responsibilities of the safety manager
- 87Responsibilities of the accountable manager
- 88Responsibilities of the launch director
- 89Flight termination personnel
- Safety operations manual
- 90Safety operations manual
- Preparations for launch, return and other operations
- 91The launch vehicle
- 92The launch vehicle’s ground support equipment
- 93A reusable launch vehicle
- 94Verification and validation by testing etc. of the launch vehicle and the ground support equipment
- 95The spaceport (or other place of launch or landing) and the range
- 96Communication during the operator’s spaceflight activities
- 97Monitoring the environmental and meteorological conditions
- 98Dangerous goods
- Launch, return and other operations
- 99Conditions for commencing the operator’s spaceflight activities
- 100During flight: monitoring and termination
- 101Additional requirement relating to the launch vehicle during operator’s spaceflight activities
- Recording and retaining information for safety purposes
- 102Information on human occupants and dangerous goods on board a launch vehicle
- 103Recording, collecting and retaining information made before or during the operator’s spaceflight activities
- Emergency response
- 104Emergency response plan requirement
- Chapter 5: Additional safety requirements for launch vehicles with human occupants
- Interpretation
- 105Interpretation
- The crew or remote pilots
- 106The roles and duties of each member of the crew or a remote pilot
- 107Information about the flight
- 108Authority to pilot in command or remote pilot
- The launch vehicle
- 109Additional conditions if the launch vehicle has a human occupant
- 110Numbers of crew or spaceflight participants on board
- 111Accessibility of instruments and equipment
- 112Emergency equipment
- 113Atmospheric conditions on board
- Specific obligations of pilot in command, flight crew or remote pilot
- 114Obligations of pilot in command or remote pilot immediately before the flight
- 115Obligations of pilot in command or remote pilot to carry out flight safely
- 116Pilot in command, flight crew or remote pilot to remain at stations
- 117Pilot in command’s obligations to a spaceflight participant about stations
- 118Remote pilot’s obligations to a spaceflight participant about stations
- 119Launch director’s or safety manager’s obligations to a spaceflight participant about stations
- Spaceflight participants
- 120Prohibiting the launch vehicle carrying a spaceflight participant
- 121A spaceflight participant to remain at station
- 122Availability of seating requirement to a spaceflight participant
- Human occupant: information to be given after consent form is signed
- 123Information about the operator’s spaceflight activities
- Chapter 6: Offences and penalties
- 124Failure of launch director to check conditions met before operator’s spaceflight activities commence
- 125Failure of flight termination personnel to follow obligation to make a flight termination decision
- 126Failure of a pilot in command or remote pilot to carry out obligations before the flight
- 127Failure of pilot in command or remote pilot to carry out flight safely
- 128Failure of a pilot in command, flight crew or a remote pilot to remain at stations
- 129Failure of a pilot in command to carry out obligations to a spaceflight participant about stations
- 130Failure of a remote pilot to carry out obligations to a spaceflight participant about stations
- 131Failure of a launch director or a safety manager to carry out obligations to a spaceflight participant about stations
- 132Failure of a spaceflight participant to remain at station
- 133Penalties
- Part 9: Cosmic radiation requirements: crew of a launch vehicle and crew of a carrier aircraft
- Chapter 1: Interpretation
- 134Interpretation
- Chapter 2: Generally applicable provisions
- 135Authorisation and prohibition on exposure
- 136Risk of exposure of crew members to cosmic radiation
- 137Requirements to assess and inform
- 138Protection of pregnant crew
- 139Monitoring of exposure to cosmic radiation: crew other than classified crew
- 140Provision of information and training to crew
- 141Overexposure
- 142Continued working of overexposed crew
- Chapter 3: Provisions relating to classified crew
- 143Classification of crew
- 144Medical surveillance
- 145Health records
- 146Monitoring of exposure to cosmic radiation: classified crew
- 147Records of exposure to cosmic radiation of classified crew
- 148Access to records of individual exposure to cosmic radiation
- Chapter 4: Instruction of experts
- 149Instruction of experts
- Chapter 5: Consequential amendments to Air Navigation Order
- 150Consequential amendments
- Part 10: Spaceport safety
- Chapter 1: Interpretation
- 151Interpretation
- Chapter 2: A spaceport licensee’s safety duty
- 152A spaceport licensee’s safety duty
- Chapter 3: Horizontal spaceport location requirement
- 153Horizontal spaceport location requirement
- Chapter 4: Safety case: retention, review and revision
- 154Requirement to retain the safety case
- 155Safety case review and revision requirement
- 156Steps required after review, or review and revision, of safety case
- Chapter 5: Safety clear zones
- 157Safety clear zone requirement
- Chapter 6: Hazardous material, testing areas and safety equipment at spaceports
- 158Hazardous material storage facilities: location requirements and plan
- 159Hazardous material: handling and venting areas
- 160Propellants etc.: fit for purpose requirement
- 161Static engine test area
- 162Safety equipment
- Chapter 7: Requirements about the spaceport licensee’s organisation and management
- 163Safety management system requirement
- 164Spaceport manual requirement
- Chapter 8: Emergencies
- 165Emergency response plan requirement
- 166Spaceport rescue and fire-fighting provision
- 167Powers of spaceport firefighters in an emergency
- Part 11: Security
- Chapter 1: Interpretation
- 168Interpretation
- Chapter 2: Physical and personnel security
- 169Responsibilities of a security manager
- 170Space site security programme
- 171Operator security programme
- 172Access control to space sites: sufficient security measures
- 173Access control to space sites: further provisions
- 174Space site security restricted area and controlled area
- 175Access control to space sites: emergency services
- 176Security controls for prohibited articles
- 177Security controls for supplies
- 178Security controls for payloads and launch vehicles
- 179Access control to space sites: approval of suppliers
- 180Surveillance of space sites
- 181Security controls: hazardous material
- 182Protection of carrier aircraft, launch vehicle or payload: pre-integration
- 183Protection of carrier aircraft, launch vehicle or payload: post-integration
- 184Security controls for flight safety systems
- Chapter 3: Cyber security
- 185Spaceflight cyber security strategy
- 186Duty to report a notifiable incident to the regulator
- Chapter 4: Vetting, clearance, training and qualifications
- 187National security vetting procedures
- 188Appropriate security training and qualifications
- 189Training records and qualifications
- 190Renewal of security training
- Chapter 5: Critical national infrastructure and essential services
- 191Spaceflight activities: critical national infrastructure and essential services
- Chapter 6: Security provisions for the protection of US technology
- 192Segregated areas
- 193Control of access to segregated area
- 194Control of access to imported US technology
- 195Monitoring and oversight of US technology
- 196Monitoring and oversight of launch activities
- 197Restrictions on the use of and access to US technology
- 198Restrictions on importing US technology
- 199Security training for spaceflight activities involving US technology
- 200Return of US technology if export licence etc. is revoked
- 201Processing of US technology after a normal launch
- 202Information about nationality of contributors to launch activities etc.
- Part 12: Informed consent
- Chapter 1: Interpretation
- 203Interpretation
- Chapter 2: Prescribed matters
- 204Prescribed role or capacity
- 205Prescribed criteria with respect to age and mental capacity
- Chapter 3: The consent form
- 206Details to be included in the consent form
- 207Statements to be included in the consent form
- 208No derogation from statements in the consent form
- Chapter 4: Information to be given to a human occupant before the consent form is signed
- 209Information about operator’s spaceflight activities carried out by the spaceflight operator
- 210Information about the operator’s spaceflight activities
- 211Opportunity for questions
- Chapter 5: Procedural requirements with regard to the signification of consent
- 212Who prepares the consent form
- 213When a human occupant signs the consent form
- 214What happens after the consent form is signed
- Chapter 6: Evidential requirements with regard to the information and the signification of consent
- 215A written record of the information provided to the human occupant
- 216The signification of consent
- 217The consent form as evidence of signification of consent
- Part 13: Liabilities and indemnities
- 218Prescribed description of individuals to whom section 34(2) does not apply
- 219Prescribed cases or circumstances under which a limit on the operator’s liability to government does not apply
- 220Limit on the amount of operator’s liability
- 221Duty of the Secretary of State to indemnify
- Part 14: Monitoring and enforcement
- Chapter 1: General
- 222Interpretation
- 223Offence to obstruct inspector or regulator
- 224Penalty for obstructing inspector or regulator
- 225Offence to impersonate inspector
- 226Penalty for impersonating inspector
- Chapter 2: Obligation to provide information to the regulator
- 227Persons to whom obligation applies
- 228Information notices
- 229Obligation to provide information to regulator
- 230Offence of failing to comply with information notice
- 231Penalty for failing to comply with information notice
- 232Offence of providing false information
- 233Penalty for providing false information
- 234Offences of false recording
- 235Defence to offences of false recording
- 236Penalty for false recording
- Chapter 3: Inspectors
- Appointment and powers
- 237Appointment of inspector
- 238Duties of inspector
- 239Powers of inspector
- 240References to inspector
- Powers exercisable by inspectors
- 241Power of entry
- 242Power to take persons and equipment etc. onto premises or vehicle
- 243Powers of inspection and examination and to take samples
- 244Powers to require information and documents
- 245Powers exercisable in relation to particular articles or substances
- 246Power to require the use of facilities and assistance
- 247Power to issue contravention notice
- 248Power to issue warning notice
- 249Power to issue prohibition notice
- 250Appealing against notice under regulation 249
- 251Supplementary powers
- 252Protection for documents subject to legal professional privilege etc.
- Chapter 4: Sharing of information between regulator and other bodies
- 253Regulator may share information
- Chapter 5: Restrictions on disclosure of information
- Prohibition against disclosure of protected information
- 254Meaning of “protected information”
- 255Prohibition on disclosing protected information
- 256Offence of disclosing protected information
- 257Defences to offence of disclosing protected information
- 258Penalty for disclosing protected information
- Exceptions to prohibition against disclosure of protected information
- 259Disclosure with consent
- 260Disclosure by the regulator, inspectors etc.
- 261Disclosure to authorities
- 262Disclosure required under legislation
- 263Legal proceedings, inquiries and investigations
- 264Anonymised information
- Part 15: Civil sanctions (stop notices)
- 265Stop notices
- 266Contents of stop notice
- 267Completion certificate
- 268Compensation
- 269Offence of failing to comply with stop notice
- Part 16: Occurrence reporting
- Chapter 1: Interpretation
- 270Interpretation
- Chapter 2: Duty to report an occurrence and the objective of that report
- 271Duty to report an occurrence
- 272Objective of an occurrence report
- Chapter 3: Events elsewhere which could threaten safety
- 273When an event elsewhere which could result in an accident is an occurrence
- Chapter 4: Contents of the occurrence report
- 274Contents of the occurrence report
- 275Categories of occurrence
- Chapter 5: The regulator’s actions when it receives an occurrence report
- 276What the regulator must do on receipt of an occurrence report
- Chapter 6: Confidential information
- 277Protection of information and permitted disclosures
- 278Court application for disclosure
- Chapter 7: Offences and penalties
- 279Providing false information
- 280Failure to protect confidential information
- 281Penalties
- Part 17: Miscellaneous
- 282Duty on licensee to inform regulator of changes
- 283Offence of failure to inform regulator of changes
- 284Penalty for failure to inform regulator of changes
- 285Sending of notices and other documents
- 286Use of records and documentary evidence: prescribed persons
- 287Review
- Signature
- Schedule 1: Information the safety case must contain
- 1General information
- 2General information
- 3General information
- 4General information
- 5General information
- 6General information
- 7General information
- 8General information
- 9General information
- 10General information
- 11Technical particulars
- 12Technical particulars
- 13Technical particulars
- 14Technical particulars
- 15Technical particulars
- 16Technical particulars
- 17Technical particulars
- 18Flight safety analysis
- 19Ground safety analysis
- Schedule 2Matters applicant must take into account for the risk assessment
- Schedule 3: Training and qualification
- Part 1: Specified criteria
- 1Launch directors
- 2Launch directors
- 3Launch directors
- 4Launch directors
- 5Launch directors
- 6Launch directors
- 7Launch directors
- 8Flight termination personnel
- 9Flight termination personnel
- 10Flight termination personnel
- 11Flight termination personnel
- 12Flight termination personnel
- 13Flight crew and remote pilots
- 14Flight crew and remote pilots
- 15Flight crew and remote pilots
- 16Flight crew and remote pilots
- 17Flight crew and remote pilots
- 18Flight crew and remote pilots
- 19Flight crew and remote pilots
- 20Flight crew and remote pilots
- 21Sub-orbital aircraft engineers
- 22Range operations manager
- 23Range operations manager
- 24Range operations manager
- 25Range safety manager
- 26Range safety manager
- 27Range safety manager
- 28Range safety manager
- 29Range safety manager
- Part 2: Training manual
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- Part 3: Training for specified roles and capacities
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- Schedule 4: Requirements and matters to be addressed by safety management systems
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Schedule 5: Safety operations manual
- 1Paragraph 1
- 2Paragraph 2
- 3Fatigue and other human factors
- 4Fatigue and other human factors
- 5Fatigue and other human factors
- 6Fatigue and other human factors
- 7Preparations for launch, return and other operations
- 8Preparations for launch, return and other operations
- 9Preparations for launch, return and other operations
- 10Preparations for launch, return and other operations
- 11Preparations for launch, return and other operations
- 12Preparations for launch, return and other operations
- 13Preparations for launch, return and other operations
- 14Preparations for launch, return and other operations
- 15Launch and other operations
- 16Launch and other operations
- 17Launch and other operations
- 18Launch and other operations
- 19Launch and other operations
- 20Launch and other operations
- 21Launch and other operations
- 22Launch and other operations
- 23Launch vehicles with crew or a remote pilot
- 24Emergency response
- 25Emergency response
- 26Ground support equipment
- 27Making, collecting and retaining information
- Schedule 6Information to be included in a health record
- Schedule 7: Amendments to the Air Navigation (Cosmic Radiation: Protection of Air Crew and Space Crew and Consequential Amendments) Order 2019
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- Schedule 8: Information and instructions which must be included in a spaceport manual
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- Explanatory note