I pay tribute to my noble friend’s enthusiastic promotion of his local airfield. I am sure his comments have not gone unnoticed. I have certainly taken them on board.
The fundamental purpose of Clause 3 is to prohibit the carrying out of spaceflight activities or the operation of a spaceport in the UK without a licence. Launch from the UK is a new activity and we envisage that launch vehicles will be licensed on a per-launch basis, but the Bill allows for the licensing of a launch vehicle for a number of launches if that is deemed appropriate.
The amendment tabled by my noble friend raises an interesting issue pertinent to the future growth of the space sector—namely, the challenge of licensing
classes of satellite together, as opposed to licensing each satellite separately. This is particularly relevant for so-called mega-constellations, comprising a great number of satellites working in concert.
The current licensing regime under the Outer Space Act already allows us to license a constellation of satellites that can be described broadly as multiple satellites of similar or identical design under the control of a single operator and which work together to deliver a single service. The definition of “operator licence” in the Bill is also wide enough to allow for the licensing of a constellation of satellites. Of course, while the Bill is designed to cover all types and classes of mission, a licence will be granted only if the regulator is satisfied that a licensee has met all necessary requirements, most notably those relating to safety.
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Clause 4 is fruitfully discussed in the context of Clause 3. The purpose of the clause is to provide for circumstances where a person may be exempted from the requirement to hold an operator licence. First, an exemption may apply where an arrangement has been made with another country whereby it complies with international obligations, such as the UN space treaties, on behalf of the UK. This provision is based on Section 3(2) of the Outer Space Act 1986 and allows the UK and the other state to agree between themselves who should supervise the activity. In this situation an Order in Council would be made to apply such an exemption to a class of activities.
The second exemption is where it is not deemed necessary to license an activity because it would not give rise to safety concerns or invoke the UK’s international obligations. The Bill is drafted broadly to ensure that all spaceflight activity can be licensed. However, a consequence of this is that activities may be legally required to be licensed where there are no concerns. Again, this replicates the provision in the 1986 Act. Such an exemption would be made by regulations. These may also set out the process for granting an exemption and any terms and conditions that may apply.
The regulations made exempting the activity may also specify that the requirement to indemnify the Government under Clause 35 does not arise, or set out the maximum amount of the indemnity. Such an exemption might be appropriate where the activity would not itself risk causing injury or damage; for example, a person renting capacity on a satellite that is owned and insured by another licence holder. However, we consider that exemptions under this clause are likely to be rare as there would be a high bar to clear to show that people’s safety is not at risk.
With this explanation of the licensing provisions in Clauses 3 and 4, I respectfully ask my noble friend to withdraw his amendment.