My Lords, before addressing the noble Baroness’s amendment, if the Committee will allow me, I will go into a little more detail about the operation of orders that can be made under Clauses 38 and 40.
Clause 42 sets out that orders made under these clauses will become operative after six weeks, and how they may be challenged. It provides that the making of such orders may be challenged through applications to quash orders under Schedule 7. Persons who receive notice of a proposed order are also able to object to an order which has been proposed under the provision for objections set out in Schedule 6. The noble Lord, Lord Deben, is not in his place any more, but I point out that these order-making powers are equivalent to powers in the Civil Aviation Act 1982. A six-week time limit also applies to challenges to those.
Turning to Amendment 39, the noble Baroness, Lady Randerson, asked how such orders are made when they relate to land in Scotland, Wales or Northern Ireland. In this context, I feel a bit sorry for England, Wales and Northern Ireland, which do not seem to be receiving the same degree of attention as certain sites
in Scotland, but I want to remain strictly neutral—my job is to try to get the Bill through, and I am sure there will be fair competition between the different sites regarding where spaceports should operate.
I want to assure the Committee that throughout the development of the Bill, we have consulted extensively with colleagues in the devolved Administrations. The Bill has the opportunity to benefit the whole of the UK. Scotland and Wales are actively supporting the development of spaceports in their regions, as we heard in the case of Scotland, while Northern Ireland is benefiting from direct industry investment in research and development. We have worked with them to ensure that they are content with all provisions in the Bill, and we have agreed an approach to land powers which our partners in the devolved Administrations are fully content with.
Schedule 6 requires that notice of a proposal to make an order under Clause 38 or Clause 40 must be published in local newspapers and also served on the local authority in question. This gives an opportunity for the devolved Administrations to raise any concerns about a specific order. After an order is made, notice must be published and served. Anyone aggrieved may then apply to quash the order, as set out in Schedule 7.
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I will directly address the issue of challenges, raised by the noble Baroness, Lady Randerson. Once the orders are made they can be legally challenged, but only as provided for by Schedule 7: in the first six weeks after the notice that they have been made has been published, and before they become operative. They cannot be challenged by judicial review. This is appropriate because there is a process for objections before an order is made, and once an order is made there is a further opportunity to quash the order.
The Secretary of State is also required to order a public local inquiry to give the person objecting the opportunity to be heard before proceeding to make the order. These order-making powers are equivalent to powers in the Civil Aviation Act, as I have said. A six-week time limit also applies to challenges to those. Horizontal spaceports could be developed at existing aerodromes and would therefore fall under the Civil Aviation Act 1982.
If the time limit for challenges to orders under the Bill differed from the one in the 1982 Act, there would be inconsistency between how orders related to horizontal spaceports and to vertical spaceports, and how they could be challenged. It is also in the interests of all parties to have legal certainty within a short time so that spaceflight activities may proceed without undue delay and so that affected persons may make any arrangements they need to, such as finding alternative land for an activity.
I think the noble Baroness, Lady Randerson, raised the question of whether legislative consent Motions will be necessary. Commercial spaceflight is a reserved matter for the UK Government. There are some provisions in the Bill that relate to devolved matters, such as land provisions. As I said, we have consulted the devolved Administrations throughout the development of this Bill. We believe that no legislative consent Motions are required.
With those assurances, I hope the noble Baroness is satisfied with my response and therefore feels able to withdraw Amendment 39.