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Space Industry Act 2018

Status:

This is the original version (as it was originally enacted).

Section 22

SCHEDULE 4Offences against the safety of spacecraft etc

This schedule has no associated Explanatory Notes

Hijacking of spacecraft

1A person on board a UK-launched spacecraft in flight who unlawfully, by the use of force or by threats of any kind, seizes the spacecraft or exercises control of it commits the offence of hijacking a spacecraft.

Destroying, damaging or endangering safety of spacecraft

2(1)It is an offence for a person unlawfully and intentionally—

(a)to destroy a UK-launched spacecraft,

(b)to damage a UK-launched spacecraft in a way that renders it incapable of flight or is likely to endanger its safety in flight,

(c)to commit on board a UK-launched spacecraft in flight an act of violence that is likely to endanger the safety of the spacecraft or of a carrier aircraft by which it is being carried, or

(d)to commit on board a UK-launched carrier aircraft in flight an act of violence that is likely to endanger the safety of a spacecraft carried by it.

(2)It is also an offence for a person unlawfully and intentionally—

(a)to place on a UK-launched spacecraft, or to cause to be placed on such a spacecraft, a device or substance that is likely—

(i)to destroy the spacecraft or a carrier aircraft by which it is being carried, or

(ii)to damage the spacecraft or carrier aircraft in a way that renders it incapable of flight or is likely to endanger its safety in flight, or

(b)to place on a UK-launched carrier aircraft, or to cause to be placed on such an aircraft, a device or substance that is likely—

(i)to destroy a spacecraft carried by it, or

(ii)to damage such a spacecraft in a way that renders it incapable of flight or is likely to endanger its safety in flight.

(3)Sub-paragraphs (1)(a) and (b) and (2) apply where the UK-launched spacecraft or (in the case of sub-paragraph (2)(b)) the UK-launched carrier aircraft—

(a)is being prepared for launch,

(b)is in flight, or

(c)has completed a flight within the previous 24 hours.

(4)Sub-paragraph (2) does not limit the circumstances in which the commission of an act—

(a)may constitute an offence under sub-paragraph (1), or

(b)may constitute attempting or conspiring to commit, or aiding, abetting, counselling or procuring, or being art and part in, the commission of such an offence.

(5)In this paragraph “unlawfully”—

(a)in relation to the commission of an act in the United Kingdom, means so as (apart from this Act) to constitute an offence under the law of the part of the United Kingdom in which the act is committed;

(b)in relation to the commission of an act outside the United Kingdom, means so that the commission of the act would (apart from this Act) have been an offence under the law in force in the place where the spacecraft in question was launched, or (as the case may be) was to be launched, if it had been committed in that place.

Other acts endangering or likely to endanger safety of spacecraft

3(1)It is an offence for a person unlawfully and intentionally—

(a)to destroy or damage property to which sub-paragraph (2) applies, or

(b)to interfere with the operation of such property,

if the destruction, damage or interference is likely to endanger the safety of a UK-launched spacecraft in flight.

(2)This sub-paragraph applies to property used for or in connection with operating a spacecraft, including—

(a)any carrier aircraft so used,

(b)any land, building or ship so used, and

(c)any apparatus or equipment so used, whether it is on board a spacecraft or elsewhere.

(3)It is also an offence for a person intentionally to communicate information that is false, misleading or deceptive in a material particular, if the communication of the information endangers, or is likely to endanger, the safety of a UK-launched spacecraft in flight.

(4)It is a defence for a person charged with an offence under sub-paragraph (3) to prove—

(a)that he or she believed, and had reasonable grounds for believing, that the information was true, or

(b)that, when the person communicated the information, he or she was lawfully employed to perform duties that consisted of or included the communication of information and that he or she communicated the information in good faith in the performance of those duties.

(5)In this paragraph “unlawfully” has the same meaning as in paragraph 2.

Endangering safety at spaceports

4(1)It is an offence for a person, by means of a device, substance or weapon, intentionally to commit at a spaceport an act of violence that—

(a)causes or is likely to cause death or serious personal injury, and

(b)endangers or is likely to endanger the safe operation of the spaceport or the safety of persons at the spaceport.

(2)It is also an offence for a person, by means of a device, substance or weapon, unlawfully and intentionally—

(a)to destroy or seriously to damage—

(i)property used for the provision of facilities at a spaceport (including any apparatus or equipment so used), or

(ii)a spacecraft or carrier aircraft at a spaceport, other than a craft that is being prepared for launch or has completed a flight within the previous 24 hours, or

(b)to disrupt the services of a spaceport,

in such a way as to endanger or be likely to endanger the safe operation of the spaceport or the safety of persons at the spaceport.

(3)Sub-paragraphs (1) and (2) apply—

(a)whether the act in question is committed in the United Kingdom or elsewhere, and

(b)whatever the nationality of the person committing the act.

(4)In this paragraph “unlawfully” has the same meaning as in paragraph 2.

Offences in relation to certain dangerous articles

5(1)It is an offence for a person to have with him or her an article to which sub- paragraph (2) applies—

(a)on board a UK-launched spacecraft in flight, or

(b)at a space site in the United Kingdom.

(2)The articles to which this sub-paragraph applies are—

(a)a firearm, or an article that has the appearance of being a firearm, whether capable of being discharged or not;

(b)an explosive, an article manufactured or adapted (whether in the form of a bomb, grenade or otherwise) so as to have the appearance of being an explosive, whether it is capable of producing a practical effect by explosion or not, or any article marked or labelled so as to indicate that it is or contains an explosive;

(c)an article (not falling within paragraph (a) or (b)) made or adapted for use for causing injury to or incapacitating a person or for destroying or damaging property, or intended by the person having it with him or her for such use, whether by that person or another.

(3)In this Act “space site” means—

(a)a spaceport;

(b)a mission management facility;

(c)a site used in connection with the provision of range control services.

(4)It is a defence for a person charged with an offence under this paragraph to prove that he or she had lawful authority or a reasonable excuse for having the article in question with him or her.

(5)For the purposes of this paragraph, a person in a spacecraft is treated as having an article with him or her if—

(a)the article (or an article in which it is contained) is on board the spacecraft, and

(b)the person, or someone acting in association with the person, has caused it to be brought there to be carried on a flight in the spacecraft.

(6)For the purposes of this paragraph, a person at a spaceport is treated as having an article with him or her if—

(a)the article (or an article in which it is contained) is at the spaceport, and

(b)the person, or someone acting in association with the person, has caused it to be brought there to be carried on a flight from that spaceport on which the person is also to be carried.

(7)Sub-paragraph (5) or (6)

(a)applies even if the circumstances are such that the person would not otherwise be regarded as having the article with him or her in the spacecraft or spaceport;

(b)does not limit the circumstances in which a person would otherwise be regarded as having an article with him or her.

Powers exercisable on suspicion of intended offence under this Schedule

6(1)A constable who has reasonable cause to suspect that a person is intending to commit an offence under paragraph 1, 2, 3 or 4 in relation to a spacecraft may—

(a)prevent the person from embarking on the spacecraft or (as the case may be) the carrier aircraft by which it is to be carried;

(b)remove the person from that craft (if it has not yet been launched);

(c)arrest the person without warrant and detain him or her for so long as necessary to prevent the person from being on a flight in that craft.

(2)It is an offence for a person intentionally to obstruct a constable acting in the exercise of a power conferred by sub-paragraph (1).

(3)Sub-paragraph (1) does not affect the operation in relation to an offence under this Act—

(a)in England and Wales, of sections 24 and 24A of the Police and Criminal Evidence Act 1984 (which confer powers to arrest without warrant) or section 3 of the Criminal Law Act 1967 (use of force in making arrest etc);

(b)in Scotland, of section 1 or 45 of the Criminal Justice (Scotland) Act 2016 (2016 asp 1);

(c)in Northern Ireland, of Articles 26 and 26A of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) or section 3 of the Criminal Law Act (Northern Ireland) 1967.

Prosecution of offences

7Proceedings for an offence under paragraph 1, 2, 3 or 4 may be instituted—

(a)in England and Wales, only by or with the consent of the Attorney General;

(b)in Northern Ireland, only by or with the consent of the Director of Public Prosecutions for Northern Ireland.

Interpretation

8(1)In this Schedule—

  • “act of violence” means—

    (a)

    an act done in the United Kingdom that constitutes the offence of murder, attempted murder, manslaughter, culpable homicide or assault or an offence under section 18, 20, 21, 22, 23, 24, 28 or 29 of the Offences against the Person Act 1861 or under section 2 of the Explosive Substances Act 1883;

    (b)

    an act done outside the United Kingdom that, if done in the United Kingdom, would constitute an offence mentioned in paragraph (a);

  • “article” includes any substance, whether in solid or liquid form or in the form of a gas or vapour;

  • “constable” includes any person who has the powers and privileges of a constable;

  • “explosive” means any article manufactured for the purpose of producing a practical effect by explosion, or intended for that purpose by a person having the article with him or her;

  • “firearm” includes an airgun or air pistol;

  • “property” includes any article of any description;

  • “UK-launched spacecraft” or “UK-launched carrier aircraft” means a spacecraft or carrier aircraft that has been launched, or (as the case may be) is to be launched, in the United Kingdom.

(2)For the purposes of this Schedule, the period during which a spacecraft or carrier aircraft is in flight is treated as including—

(a)in the case of a manned spacecraft or a carrier aircraft, any period from the moment when all its external doors or hatches are closed following embarkation until the moment when any external door or hatch is opened for disembarkation;

(b)in the case of an unmanned spacecraft, any period from the moment of ignition of any of its engines in preparation for launch until the first moment after landing when none of its engines is still running;

(c)in the case of a forced landing, any period until the competent authorities take over responsibility for the spacecraft or carrier aircraft and for any persons and property on board.

References to a spacecraft or carrier aircraft having completed a flight are to be read accordingly.

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