Space Industry Act 2018

33Power to authorise entry etc in emergencies

This section has no associated Explanatory Notes

(1)The Secretary of State may grant an enforcement authorisation if satisfied—

(a)that the conduct or the expected conduct of persons involved in or associated with spaceflight activities that are being carried out, or are about to be carried out, gives rise to—

(i)a serious risk to national security,

(ii)a serious risk of contravention of any international obligation of the United Kingdom, or

(iii)a serious risk to the health or safety of persons, and

(b)that the case is one of urgency.

(2)An enforcement authorisation is an authorisation by which a named person is authorised to do anything necessary—

(a)for protecting the national security of the United Kingdom (where subsection (1)(a)(i) applies);

(b)for securing compliance with the international obligations of the United Kingdom (where subsection (1)(a)(ii) applies);

(c)for protecting the health or safety of persons (where subsection (1)(a)(iii) applies).

(3)The Secretary of State may grant an enforcement authorisation to a person only if satisfied that the person is suitably qualified to carry out the action to be authorised by it.

(4)An enforcement authorisation—

(a)must be in writing;

(b)must specify the action authorised.

(5)An enforcement authorisation may authorise entry on to specified premises at any time and on production, if so required, of the authorisation.

(6)The powers conferred by an enforcement authorisation include—

(a)power for the named person to take with him or her a person authorised by the Secretary of State or, if the named person has reasonable cause to believe that he or she is likely to be obstructed, a constable;

(b)power to use reasonable force, if necessary.

(7)An enforcement authorisation remains in force for 48 hours from the time when it is granted.

(8)It is an offence intentionally to obstruct a person in the exercise of the powers conferred by an enforcement authorisation.