Powers in relation to land

Power to restrict use of land temporarily
41
1
The Secretary of State may by order temporarily restrict or prohibit the use of a specified area of land or water as a place for the arrival and departure of aircraft or spacecraft if satisfied that it is appropriate to do so—
a
to secure that a specified launch or landing may be safely carried out at a specified spaceport, or
b
to prevent a specified launch or landing at a specified spaceport from endangering persons or property.
2
An order under subsection (1) may not restrict or prohibit the use of an area of tidal waters that is beyond those of the territorial sea adjacent to the United Kingdom.
3
An order under subsection (1) must specify the period, or periods, during which the use of the specified area of land or water is restricted or prohibited.
4
Schedule 6 makes further provision in relation to orders under subsection (1).
In that Schedule—
a
Part 1 applies to orders under this section that do not prohibit or restrict the use of water (“land orders”);
b
Part 2 applies to orders under this section that are not land orders.
5
It is an offence to contravene a provision of an order under subsection (1).
6
An offence under subsection (5) committed on tidal waters outside the ordinary jurisdiction of a court of summary jurisdiction may be tried and punished by such a court as if it had been committed in the nearest part of the United Kingdom that is within the jurisdiction of such a court.
7
Subsection (6), as it applies in relation to Scotland, does not confer jurisdiction on any court of summary jurisdiction other than the sheriff court.
8
Proceedings for an offence under subsection (5) may be instituted—
a
in England and Wales, only by or with the consent of the Secretary of State or the Director of Public Prosecutions;
b
in Northern Ireland, only by or with the consent of the Secretary of State or the Director of Public Prosecutions for Northern Ireland.
9
In this section—
- “launch or landing” means a launch or landing of a spacecraft or carrier aircraft;
- “specified” means specified in an order under subsection (1).
S. 41(1)-(4) in force at 29.7.2021 by S.I. 2021/817, reg. 2, Sch. para. 75 (with reg. 3)
S. 41(5)-(8) in force at 29.7.2021 by S.I. 2021/817, reg. 2, Sch. para. 76 (with reg. 3)
S. 41(9) in force at 29.7.2021 by S.I. 2021/817, reg. 2, Sch. para. 77 (with reg. 3)