Liabilities, indemnities and insurance

Regulator etc not liable in respect of spaceflight-related actions
37
1
A person or body to whom this section applies is not liable (whether in negligence, for breach of statutory duty or on any other basis) to any person—
a
for taking or failing to take any relevant actions, or
b
for the way in which the person or body takes any relevant actions.
2
This section applies to—
a
the Secretary of State;
b
the regulator (if the regulator is not the Secretary of State);
c
the CAA (if not an appointed person);
d
the Health and Safety Executive;
e
the Health and Safety Executive for Northern Ireland;
f
the Office for Nuclear Regulation;
g
a body or person prescribed under section 21(2);
h
a public authority with whom arrangements are made under section 64.
3
In subsection (1) “relevant actions” means actions in relation to, or in connection with, spaceflight activities or activities associated with spaceflight activities.
4
This section does not apply to liability in respect of wilful misconduct or gross negligence.
5
For the purposes of subsection (4) there is “gross negligence” on the part of a person or body if—
a
the person or body is in breach of a duty of care owed under the law of negligence, and
b
the conduct constituting that breach falls far below what can reasonably be expected of the person or body in the circumstances.
S. 37(1)(2)(4) in force at 29.7.2021 by S.I. 2021/817, reg. 2, Sch. para. 66 (with reg. 3)
S. 37(3)(5) in force at 29.7.2021 by S.I. 2021/817, reg. 2, Sch. para. 67 (with reg. 3)