PART 15Civil sanctions (stop notices)

Stop notices265.

(1)

A reference in this Part to a “stop notice” is to a notice prohibiting a person from carrying on an activity specified in the notice (the “activity”) until the person has taken the steps specified in the notice.

(2)

The regulator may serve a stop notice on any person (the “relevant person”) in accordance with this Part.

(3)

A stop notice may only be served in a case falling within paragraph (4) or (5).

(4)

A case falling within this paragraph is a case where—

(a)

the relevant person is carrying on the activity,

(b)

the regulator reasonably believes that the activity as carried on by the relevant person is causing, or presents a significant risk of causing, serious harm to any of the matters referred to in paragraph (6), and

(c)

the regulator reasonably believes that the activity as carried on by the relevant person involves or is likely to involve the commission by that person of an offence under the Act or under any regulations made under the Act (referred to in this Part as the “relevant offence”).

(5)

A case falling within this paragraph is a case where the regulator reasonably believes that—

(a)

the relevant person is likely to carry on the activity,

(b)

the activity as likely to be carried on by the relevant person will cause, or will present a significant risk of causing, serious harm to any of the matters referred to in paragraph (6), and

(c)

the activity as likely to be carried on by the relevant person will involve, or will be likely to involve, the commission by that person of an offence under the Act or under any regulations made under the Act.

(6)

The matters referred to in paragraphs (4)(b) and (5)(b) are—

(a)

public safety;

(b)

persons carried in spacecraft73 or carrier aircraft74;

(c)

persons at work at spaceports, mission management facilities or sites used in connection with the provision of range control services;

(d)

the interests of persons in relation to the use of land, sea and airspace;

(e)

the interests of persons with interests in property carried by spacecraft.

(7)

The steps referred to in paragraph (1) must be steps to remove or reduce the harm or risk of harm referred to in paragraphs (4)(b) or (5)(b).