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Space Industry Act 2018

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This is the original version (as it was originally enacted).

Offences in relation to certain dangerous articles

This section has no associated Explanatory Notes

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.

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