Regulation 58 Responsibility of licensees

(1)

The licensee must ensure that—

(a)

individuals who perform any specified role or have a specified capacity (“relevant individuals”) satisfy—

(i)

the conditions set out in paragraph (2), or

(ii)

if paragraph (4) applies in relation to the individual concerned, the conditions set out in paragraph (5);

(b)

individuals who participate in, or are otherwise engaged in connection with, the licensed activities but do not perform a specified role or have a specified capacity, satisfy the conditions set out in paragraph (3).

(2)

An individual (“A”) satisfies the conditions in this paragraph if A—

(a)

has the qualifications, skills, experience and competencies required by this Part,

(b)

has received training appropriate to A’s role or capacity which—

(i)

enables A to satisfy any criteria specified for that role by regulation 56(2) or for that capacity by regulation 57(2), and

(ii)

otherwise complies with the requirements set out in this Part, and

(c)

is medically fit to perform any duties assigned to A.

(3)

An individual (“B”) satisfies the conditions in this paragraph if B—

(a)

has participated in a training programme, including instruction on safety, appropriate to B’s role,

(b)

has been assessed as being competent to perform B’s duties, and

(c)

is medically fit to perform B’s duties.

(4)

This paragraph applies to an individual who is taking part in licensed activities as a remote pilot for a spaceflight operator who holds a return operator licence but no other licence under the Act.

(5)

An individual (“C”) satisfies the conditions in this paragraph if C—

(a)

has been assessed by a competent authority in the United Kingdom, or in a jurisdiction outside the United Kingdom, as being competent to perform the duties of a remote pilot in relation to the type of launch vehicle for which C has that role, and

(b)

is medically fit to perform those duties.

(6)

For these purposes, subject to paragraph (9), the licensee must—

(a)

establish and maintain a training programme which complies with the requirements in regulation 69,

(b)

prepare and maintain a training manual which complies with the requirements in regulation 66, and

(c)

ensure that relevant individuals are medically fit to perform their duties in accordance with regulation 72(1).

(7)

The licensee may satisfy the obligation in paragraph (1), in relation to any relevant individuals who are not its employees or spaceflight participants, by checking that—

(a)

the individual concerned (“RI”)—

(i)

satisfies the condition in paragraph (2)(a), and

(ii)

has received any training required to ensure that RI satisfies the conditions in paragraph (2)(a), from RI’s employer, and

(b)

RI is medically fit to perform RI’s duties and, where regulation 72 applies, has been certified as medically fit in accordance with that regulation.

(8)

The licensee must have in place a training management system which—

(a)

is proportionate to the scale, nature and complexity of the licensed activities and the training programme;

(b)

sets out clearly defined lines of responsibility and accountability for training, including—

(i)

a direct accountability for training on the part of senior management of the licensee, and

(ii)

the persons to whom and for whom the training manager is accountable;

(c)

includes the means of measuring and verifying the effectiveness of the training programme;

(d)

provides the means of monitoring the provision of any services or equipment by a third party contractor under regulation 59.

(9)

A return operator licensee is not required to appoint a training manager or comply with paragraph (6)(a) or (b), or regulations 66 and 68 to 71.