Space Industry Act 2018

Outer Space Act 1986 (c. 38) U.K.

8 (1) Section 3 of the Outer Space Act 1986 (prohibition of unlicensed activities) is amended as follows. U.K.

(2) In subsection (3), for “except other persons or activities from the requirement of a licence” substitute “ make provision for other activities or persons to be exempted from the requirement of a licence, either by the order itself or by the Secretary of State, ”.

(3) After that subsection insert—

“(3ZA) An exemption granted by virtue of subsection (3) may be granted for a limited period.”

(4) In subsection (3A), before paragraph (a) insert—

“(za) make provision about the procedure for granting an exemption (including provision for applications);

(zb) make provision about the terms of an exemption or the conditions to which an exemption is subject;

(zc) make provision about the revocation or renewal of an exemption;

(zd) make provision for the enforcement of terms or conditions;”.

(5) In subsection (4), for the words after “which shall” substitute “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.

Commencement Information

I1 Sch. 12 para. 8 in force at 26.11.2018 by S.I. 2018/1224, reg. 2(ggg)(i)

Prospective

9 U.K. In section 4 of that Act (grant of licence) omit subsection (3)(d).

10 U.K. After that section insert—

“4A Charges

(1) The Secretary of State may by regulations make a scheme for determining the charges that are payable to the Secretary of State in respect of the performance of such of his functions under this Act as are specified in the scheme.

(2) A scheme under this section may, as respects any of those functions—

(a) specify the amount of the charge or a scale of charges by reference to which that amount is to be determined or provide that the charges are to be of such amount, not exceeding that specified in the scheme, as may be decided by the Secretary of State, having regard to the expense incurred by the Secretary of State and to such other factors (if any) as may be so specified;

(b) specify different charges for different cases;

(c) specify the description of person who is liable to pay the charge;

(d) specify the time at which the charge is to be paid.

(3) A scheme under this section may specify the manner in which any charge is to be paid.

(4) Before making a scheme under this section, the Secretary of State must consult the persons who, in his opinion, are likely to be affected by the scheme or any of those persons that he thinks fit.

(5) Where provision is made for a charge to be paid in connection with the performance of a function by the Secretary of State, it is the duty of the Secretary of State to charge accordingly.

But the Secretary of State may waive the whole or part of the charge if the Secretary of State thinks fit to do so in a particular case.

(6) Subsection (5) does not affect the Secretary of State's power to enter into an agreement for the payment to him of charges in respect of the performance of functions in respect of which a scheme under this section does not provide for the payment of a charge.

(7) The inclusion in a licence of a condition as to the payment of charges determined under a scheme under this section does not prevent the Secretary of State from recovering such charges as a debt due to the Secretary of State.”

Commencement Information

I2 Sch. 12 para. 10 in force at 26.11.2018 by S.I. 2018/1224, reg. 2(ggg)(ii)

11 (1) In section 5 of that Act (terms of licence), subsection (2) (licence conditions) is amended as follows. U.K.

(2) After paragraph (c) insert—

“(ca) requiring the licensee to pay to the Secretary of State (whether on the grant of a licence, subsequently or both) any charges determined under a scheme under section 4A;”.

(3) After paragraph (d) insert—

“(da) designed to secure compliance with—

(i) obligations of the United Kingdom under agreements entered into with other countries, and

(ii) any other international obligations of the United Kingdom;”.

(4) In paragraph (e)—

(a) at the end of sub-paragraph (ii) insert “ and ”;

(b) omit sub-paragraph (iii).

Commencement Information

I3 Sch. 12 para. 11 in force at 29.7.2021 by S.I. 2021/817, reg. 2, Sch. para. 117 (with reg. 3) (as amended by S.I. 2021/874, regs. 1(2), 2(4))

12 U.K. In section 6 of that Act (transfer etc of licence), in subsection (1) omit “and in such other cases as may be prescribed”.

Commencement Information

I4 Sch. 12 para. 12 in force at 29.7.2021 by S.I. 2021/817, reg. 2, Sch. para. 117 (with reg. 3) (as amended by S.I. 2021/874, regs. 1(2), 2(4))

13 U.K. After section 6 of that Act insert—

“6A Appeals

Schedule 10 to the Space Industry Act 2018 makes provision for appeals against decisions of the Secretary of State under this Act.”

Commencement Information

I5 Sch. 12 para. 13 in force at 29.7.2021 by S.I. 2021/817, reg. 2, Sch. para. 117 (with reg. 3) (as amended by S.I. 2021/874, regs. 1(2), 2(4))

14 (1) Section 7 of that Act (register of space objects) is amended as follows. U.K.

(2) In subsection (2), after “space objects” insert “ (whether launched in the United Kingdom or elsewhere) ”.

(3) For subsection (3) substitute—

“(3) The Secretary of State shall ensure that the public can view the information in the register free of charge.”

Commencement Information

I6 Sch. 12 para. 14 in force at 29.7.2021 by S.I. 2021/817, reg. 2, Sch. para. 117 (with reg. 3) (as amended by S.I. 2021/874, regs. 1(2), 2(4))