(1)The regulator must not grant an application for an operator licence unless satisfied that the requirements in subsections (2) to (4) are met.
(2)The applicant must have carried out an assessment of the risks to the health and safety of individuals who are to take part in a prescribed role or capacity in the activities to be authorised by the licence (a “risk assessment”).
(3)The risk assessment must meet prescribed requirements.
(4)As regards risks to the health, safety and property of persons not within subsection (2)—
(a)the applicant must have taken all reasonable steps to ensure that those risks are as low as reasonably practicable;
(b)the level of those risks must be acceptable.
(5)Regulations may make provision about—
(a)matters to be taken into account, and other requirements to be met, in carrying out risk assessments;
(b)steps to be taken under subsection (4)(a);
(c)how acceptable levels of risk are to be determined for the purposes of subsection (4)(b).
(6)Regulations may require information to be provided to the regulator for the purposes of the regulator's functions under this section.
(7)The Secretary of State may issue guidance about what an applicant may or must do in order for the regulator to be satisfied that the requirements in subsections (2) to (4) are met.
Such guidance may also be issued by the regulator (if the regulator is not the Secretary of State).
(8)In carrying out functions under this section, the regulator (if the regulator is not the Secretary of State) must have regard—
(a)to any guidance given to the regulator by the Secretary of State as to how those functions are to be exercised;
(b)to any guidance issued by the Secretary of State under subsection (7).
(9)For the purposes of this Act, taking part in spaceflight activities includes being carried in a spacecraft or carrier aircraft without being involved in the operation of it.
Commencement Information
I1S. 9(1) in force at 29.7.2021 by S.I. 2021/817, reg. 2, Sch. para. 17 (with reg. 3)
I2S. 9(2)(3) in force at 26.11.2018 for specified purposes by S.I. 2018/1224, reg. 2(n)
I3S. 9(2)(3) in force at 29.7.2021 in so far as not already in force by S.I. 2021/817, reg. 2, Sch. para. 18 (with reg. 3)
I4S. 9(4) in force at 29.7.2021 by S.I. 2021/817, reg. 2, Sch. para. 19 (with reg. 3)
I5S. 9(5)-(7) in force at 26.11.2018 by S.I. 2018/1224, reg. 2(o)
I6S. 9(8) in force at 29.7.2021 by S.I. 2021/817, reg. 2, Sch. para. 20 (with reg. 3)
I7S. 9(9) in force at 26.11.2018 by S.I. 2018/1224, reg. 2(p)