Space Industry Act 2018

Individuals taking part in spaceflight activities etc

17 Informed consent

(1) The holder of an operator licence (the “licensee”) must not allow an individual to take part, in a prescribed role or capacity, in spaceflight activities carried out by the licensee unless the individual—

(a) has signified his or her consent to accept the risks involved in those activities, and

(b) fulfils prescribed criteria with respect to age and mental capacity.

(2) Consent to accept the risks involved in spaceflight activities must be signified by signing a document (a “consent form”) that gives details of the risk assessment carried out for those activities under section 9.

(3) Regulations may make—

(a) provision about the form and content of consent forms;

(b) provision about information to be given to individuals before they sign consent forms;

(c) provision imposing evidential and procedural requirements with regard to the signification of consent.

(4) It is an offence for a licensee to contravene subsection (1).

18 Training, qualifications and medical fitness

(1) Regulations (referred to in this Act as “training regulations”) may make provision with respect to the training, qualifications and medical fitness of individuals—

(a) taking part in, or otherwise engaged in connection with, spaceflight activities or the provision of range control services, or

(b) working at sites used for or in connection with spaceflight activities or the provision of range control services.

(2) Schedule 2 gives examples of particular kinds of provision that may be made by training regulations.

That Schedule does not limit subsection (1).

(3) The regulator may issue guidance about how a person carrying out spaceflight activities, operating a spaceport or providing range control services may comply with requirements imposed by training regulations.

(4) The holder of a licence under this Act must not allow an unqualified individual—

(a) to take part in, or to be otherwise engaged in connection with, activities authorised by the licence, or providing services the provision of which is authorised by the licence, in a specified role or capacity;

(b) to work in a specified role or capacity at a site used for or in connection with the activities or services to which the licence relates.

An individual is “unqualified” for the purposes of this subsection if he or she does not fulfil specified criteria with respect to training, qualifications and medical fitness.

(5) In subsection (4) “specified” means specified in training regulations.

(6) It is an offence for the holder of a licence under this Act to contravene subsection (4).

(7) An individual commits an offence if—

(a) a person commits the offence in subsection (6), and

(b) the person’s commission of that offence is due to an act or default of the individual.

The individual is liable to be proceeded against and dealt with accordingly.

(8) For the purposes of subsection (7) it does not matter whether or not proceedings are taken against the person committing the offence in subsection (6).