EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations implement Decision No 1104/2011/EU of the European Parliament and of the Council of 25 October 2011 on the rules for access to the public regulated service provided by the global navigation satellite system established under the Galileo programme (“the PRS Decision”) (OJ L 287, 4.11.2011, p1). The public regulated service is restricted to government authorised users.
Part 2 of these Regulations deals with aspects relating to the licensing of the public regulated service. Regulation 3(1) designates the Secretary of State as a competent authority for the purposes of managing and supervising the use of the public regulated service. The Secretary of State is referred to as “the compliance authority” (regulation 2(1)). Regulation 3(2) imposes a duty on the compliance authority to monitor compliance with these Regulations in accordance with the requirements of the PRS Decision. Regulation 3(3) enables the compliance authority to enforce these Regulations or authorise a person to enforce these Regulations on its behalf.
Regulation 4 sets out the activities which are prohibited without a licence granted by the compliance authority or without the written consent of the compliance authority. The activities are:
using the public regulated service or any PRS product,
developing or manufacturing any PRS product,
owning or distributing any PRS product,
exporting from the United Kingdom any PRS product,
transferring from the United Kingdom to another member State any PRS product,
handling classified PRS information.
Regulation 5 empowers the compliance authority to grant a licence to a person if the authority is satisfied that it is appropriate to do so having regard to the requirements of the PRS Decision. Regulation 6 sets out a non-exhaustive list of the conditions a licence may contain.
Part 3 of these Regulations deals with the civil enforcement measures the compliance authority may take. If the compliance authority considers that a person is in breach of regulation 4 or a licence condition, the authority may serve a compliance notice or directions on that person (regulation 7(1)). If the compliance authority is satisfied that a breach of regulation 4 or a licence condition is taking place, it may apply to a court in civil proceedings for an appropriate order in accordance with regulation 12, apply for an order for forfeiture in accordance with regulation 13 or revoke, suspend or vary any licence (regulation 7(2)). Regulation 14 sets out how documents are to be served on a person.
Part 4 of these Regulations sets out the investigatory and enforcement powers the compliance authority and its officers have to investigate and establish whether a breach of these Regulations is taking place. These include powers to require the production of information and documents, to enter premises with or without a warrant, to inspect any PRS product or document containing classified PRS information on the premises, and to seize and detain PRS products and documents related to classified PRS information (regulations 15 to 30).
Where the compliance authority seizes or detains any PRS product or document containing classified PRS information, an application may be made to a court for release from detention of such product or document (regulation 31).
Regulation 32 requires the Secretary of State to review the operation and effect of these Regulations and publish a report within five years after they come into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke the Regulations or to amend them.
A full impact assessment of the effect that these Regulations will have on the costs to business and the voluntary sector and a transposition note are available from the United Kingdom Space Agency, Polaris House, North Star Avenue, Swindon, Wiltshire SNZ 1S2 and are available with the explanatory memorandum alongside this instrument on the Legislation UK website at www.legislation.gov.uk. Copies have also been placed in the libraries of both Houses of Parliament.