Search Legislation

Space Industry Act 2018

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

This version of this schedule contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are currently no known outstanding effects for the Space Industry Act 2018, SCHEDULE 6. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Prospective

Sections 39, 41 and 43

SCHEDULE 6E+W+S+N.I.Orders under sections 39 and 41

This schedule has no associated Explanatory Notes

Part 1 E+W+S+N.I.Orders under section 39 and land orders

Procedure where it is proposed to make, or apply for, an order under section 39 or a land orderE+W+S+N.I.

1(1)Before making an order under section 39 or a land order, the Secretary of State must—E+W+S+N.I.

(a)publish a notice in one or more newspapers circulating in the locality in which the land is situated;

(b)serve a notice on every owner, lessee and occupier of any of the land;

(c)serve a notice on every local authority within whose area any of the land is situated.

(2)In this Part “owner” has the meaning given in section 56 of the Civil Aviation Act 1982.

(3)A notice published or served under sub-paragraph (1) must—

(a)state that the Secretary of State proposes to make the order;

(b)state the effect of the proposed order;

(c)specify the day by which, and the manner in which, any objections to the proposed order may be made.

(4)The day specified under sub-paragraph (3)(c) must not fall before the end of the period of 28 days beginning with the day on which the notice is published or served.

(5)This paragraph does not apply if the Secretary of State proposes to make an order following an application from the holder of a range control licence or a spaceport licence (“the licensee”).

2(1)Before making an application for an order under section 39 or for a land order, the licensee must—E+W+S+N.I.

(a)publish a notice in one or more newspapers circulating in the locality in which the land is situated;

(b)serve a notice on every owner, lessee and occupier of any of the land;

(c)serve a notice on every local authority within whose area any of the land is situated.

(2)A notice published or served under sub-paragraph (1) must—

(a)state that the licensee proposes to apply for an order;

(b)state the effect of the order that is to be applied for;

(c)specify the day by which, and the manner in which, any objections to the proposed order may be made.

(3)The day specified under sub-paragraph (2)(c) must not fall before the end of the period of 42 days beginning with the day on which the notice is published or served.

Objections to a proposed orderE+W+S+N.I.

3(1)This paragraph applies if a person served with a notice under paragraph 1 or 2 makes an objection, which has not been withdrawn, in accordance with the notice.E+W+S+N.I.

(2)Before making the relevant order, the Secretary of State must either—

(a)cause a public local inquiry to be held, or

(b)give the person who made the objection the opportunity to appear before and be heard by a person appointed by the Secretary of State for that purpose.

(3)The Secretary of State may make the relevant order if he or she thinks it appropriate to do so after considering—

(a)the objection, and

(b)the report of the person holding the inquiry or the person appointed under sub-paragraph (2)(b) (as the case may be).

4If—E+W+S+N.I.

(a)no person served with a notice under paragraph 1 or 2 makes an objection in accordance with the notice, or

(b)any such objections are withdrawn,

the Secretary of State may make the relevant order.

5Despite paragraphs 3 and 4, the Secretary of State—E+W+S+N.I.

(a)may require a person to provide that person's objections to a proposed order in writing;

(b)may disregard a person's objections for the purposes of paragraphs 3 and 4 if satisfied that the objections relate exclusively to matters that can be dealt with by the tribunal by whom compensation is to be assessed.

Procedure after making an orderE+W+S+N.I.

6(1)Immediately after the making of an order under section 39 or a land order, the relevant person must—E+W+S+N.I.

(a)publish a notice in one or more newspapers circulating in the locality in which the land is situated, and

(b)serve a notice—

(i)on every owner, lessee and occupier of any of the land,

(ii)on every local authority within whose area any of the land is situated, and

(iii)on any person (not within sub-paragraph (i) or (ii)) who duly objected to the making of the order and has not withdrawn that objection.

(2)A notice under sub-paragraph (1) must—

(a)state that the relevant order has been made;

(b)specify a place where a copy of the order may be inspected at reasonable hours.

(3)In sub-paragraph (1) “the relevant person”—

(a)in relation to an order under section 39, means the person in whose favour the order is made;

(b)in relation to a land order, means the operator of the spaceport specified in the order.

Part 2 E+W+S+N.I.Orders under section 41 that are not land orders

Procedure where it is proposed to make an order under section 41 that is not a land orderE+W+S+N.I.

7(1)Before making an order under section 41 that is not a land order, the Secretary of State must publish a notice in whatever way the Secretary of State considers is best calculated to bring the proposed order to the notice of those persons who will be affected by it.E+W+S+N.I.

(2)A notice under sub-paragraph (1) must—

(a)state that the Secretary of State proposes to make the order;

(b)state the effect of the proposed order.

Procedure after making an orderE+W+S+N.I.

8(1)Immediately after the making of an order under section 41 that is not a land order, the Secretary of State must—E+W+S+N.I.

(a)publish a notice in one or more newspapers circulating in the locality to which the order relates;

(b)serve a copy of that notice on any person who, in the opinion of the Secretary of State, is likely to be affected by the order.

(2)A notice under sub-paragraph (1) must—

(a)state that the order has been made;

(b)specify a place where a copy of the order may be inspected at reasonable hours.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources