PART 13Liabilities and indemnities

Prescribed description of individuals to whom section 34(2) does not apply218.

(1)

The following descriptions of an individual are prescribed for the purposes of section 34(3)(a)—

(a)

where a spaceport licensee or a range control licensee is an individual, that licensee;

(b)

an appointee, employee or agent of a licensee who is at work at a space site;

(c)

a member of the crew who has consented to accept the risks involved in an operator’s spaceflight activities in accordance with section 17;

(d)

a spaceflight participant who has consented to accept the risks involved in an operator’s spaceflight activities in accordance with section 17;

(e)

an individual not falling within sub-paragraphs (a) to (d) who is present at a space site in connection with spaceflight activities;

(f)

an individual on a carrier aircraft taking part in an operator’s spaceflight activities;

(g)

an officer or partner of a licensee who is present at a space site;

(h)

an individual who is within an operational area or a restricted area of a space site at the invitation of a licensee;

(i)

an employee or an individual acting on behalf of the regulator or with the regulator’s authority at a space site;

(j)

an employee or an individual acting on behalf of the government of another country present at a space site in connection with spaceflight activities;

(k)

an employee of the emergency services who is on duty at a space site in connection with spaceflight activities;

(l)

an employee of SAIA who is on duty at a space site in connection with spaceflight activities;

(m)

compliance authority personnel on duty at a space site in connection with spaceflight activities;

(n)

an employee of a qualifying health and safety authority who is on duty at a space site in connection with spaceflight activities;

(o)

a member of the armed forces of the Crown who is on duty at a space site in connection with spaceflight activities;

(p)

any individual who has entered into a reciprocal waiver of liability with a licensee.

(2)

For the purposes of this regulation—

“compliance authority personnel” includes the following individuals—

(a)

an individual appointed as an Inspector of Spaceflight Accidents under regulation 6(1) of the Spaceflight Activities (Investigation of Spaceflight Accidents) Regulations 202162;

(b)

CAA inspectors and auditors;

(c)

inspectors of the Department for Environment, Food and Rural Affairs and its agencies;

(d)

an air traffic controller;

(e)

an employee of the National Crime Agency63;

(f)

an employee of an intelligence service;

(g)

a constable;

“officer” in paragraph (1)(g) has the meaning given in section 57(3);

“partner” in paragraph (1)(g) has the meaning given in section 58(6);

“restricted area” means a controlled area, a space site security restricted area or a segregated area, within the meanings given in regulation 168, within a space site.