Space Industry Act 2018

Range control

5 Range

(1) In this Act “range” means a zone which (or two or more zones each of which) is subject to restrictions, exclusions or warnings for keeping it clear, at the relevant times, of—

(a) persons or things that might pose a hazard to spaceflight activities, and

(b) persons or things to which spaceflight activities might pose a hazard.

“Zone” here means a volume of airspace or an area of land or sea.

(2) Regulations may make provision about the range for spaceflight activities, including in particular—

(a) provision as to matters to be taken into account in identifying the appropriate range;

(b) provision imposing requirements on persons in relation to the operation of the range;

(c) provision requiring a person providing range control services (see sections 6 and 7) to notify prescribed persons of spaceflight activities taking place within the range.

(3) The power of the Secretary of State under section 66 of the Transport Act 2000 (air navigation: directions) to give directions to the CAA includes power to give directions imposing duties or conferring powers (or both) on the CAA with regard to the range for spaceflight activities.

6 Range control services

(1) For the purposes of this Act the following are “range control services”—

(a) identifying an appropriate range for particular spaceflight activities;

(b) co-ordinating arrangements for the activation and operation of the range;

(c) obtaining all necessary information for identifying the range and for co-ordinating its activation and operation;

(d) ensuring that notifications are issued for the protection of persons who might be put at risk by spacecraft or carrier aircraft within the range or in the vicinity of it;

(e) monitoring the range, and the spacecraft or carrier aircraft for which it is provided, to ascertain—

(i) whether the restrictions or exclusions to which the range is subject are complied with;

(ii) whether planned trajectories are adhered to;

(f) communicating any failure to comply with those restrictions or exclusions, or to adhere to those trajectories, for the purpose of enabling any appropriate actions to be taken in response;

(g) any prescribed services provided for the purposes of, or in connection with, services within any of paragraphs (a) to (f).

(2) Services prescribed under subsection (1)(g) must relate to—

(a) safety systems,

(b) facilities or infrastructure (including facilities or infrastructure relating to ground control, communications, transport, power, handling of hazardous materials, environmental protection, emergency response or security),

(c) planning, scheduling or co-ordination of activities or operations, or

(d) meteorological information.

7 Provision of range control services

(1) Range control services may be provided only by—

(a) the Secretary of State, or

(b) a person authorised to provide them by a range control licence.

(2) In this Act—

• “range control licence” means a licence under this section;

• “range control service provider” means a person providing range control services.

(3) A person does not require a range control licence to provide, as employee or agent of another person, range control services the provision of which is authorised by a range control licence granted to that other person.

(4) Regulations may make provision for persons or services to be exempted, either by the regulations themselves or by the regulator, from the prohibition in subsection (1) on unlicensed persons providing range control services, but only if the Secretary of State is satisfied that the prohibition—

(a) is not necessary to secure public safety,

(b) is not necessary to secure the health and safety of individuals taking part in spaceflight activities in a role or capacity prescribed under section 17(1), and

(c) is not necessary to secure compliance with the international obligations of the United Kingdom.

(5) An exemption granted by or under regulations made under subsection (4) may be for a limited period.

(6) Regulations may make further provision for the purposes of this section, including in particular—

(a) provision prescribing eligibility criteria to be the holder of a range control licence;

(b) provision about the circumstances in which, and the conditions subject to which, a person may be authorised to provide range control services for spaceflight activities carried out by that person;

(c) provision for securing the independence of individuals involved in the provision of range control services from individuals involved in the spaceflight activities for which the services are provided;

(d) provision as to how range control services are to be provided;

(e) provision requiring prescribed roles to be undertaken by individuals on behalf of the holder of a range control licence;

(f) provision imposing restrictions on the holder of a range control licence delegating the provision of range control services;

(g) provision about the procedure in connection with the granting of an exemption by or under regulations made under subsection (4) (including provision for applications);

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

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

(j) provision for the enforcement of terms or conditions of an exemption.

(7) The regulator may issue guidance about how the holder of a range control licence may comply with any safety requirements imposed by regulations under subsection (6).

(8) A person who acts in contravention of subsection (1) commits an offence.

(9) It is an offence for a person—

(a) to make a statement that the person knows to be false in a material particular, or

(b) recklessly to make a statement that is false in a material particular,

for the purpose of obtaining a range control licence (whether for the person making the statement or anyone else).