Lords Amendments

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Insert the following new Clause—
“Potential impact of leaving the European Union on the United Kingdom’s space industry
(1) The Secretary of State must carry out an assessment of the potential impact that leaving the European Union will have on the United Kingdom’s space industry.
(2) The assessment under subsection (1) must make reference to the following areas—
(a) membership of the European Space Agency;
(b) the impact of the UK’s exit from the EU on research and development and access to funding, including Horizon 2020;
(c) the free movement to the UK from the EU of those who work in the space industry;
(d) the UK’s participation in the Galileo and Copernicus programmes; and
(e) the impact of the UK leaving the Single Market on supply chains within the space industry.
(3) The Secretary of State must lay a report of the assessment under subsection (1) before Parliament within one year of this Act passing, and once in each calendar year following.”
Decision: Withdrawn after debate

Insert the following new Clause—
“Impact of the Act on the United Kingdom’s economy
(1) The Secretary of State must carry out an assessment of the expected monetary benefit to the United Kingdom’s economy that this Act will bring.
(2) The Secretary of State must lay a report of the assessment made under subsection (1), including the details of any companies that have approached the Government with plans to utilise provisions set out in this Act, before Parliament within the period of six months beginning with the date on which this Act is passed, and once in each calendar year following.”
Decision: Withdrawn after debate


Page 2, line 25, at end insert—
“( ) the effect on the environment and on local communities of activities connected with the operation of spaceflight activities or the operation of a spaceport as licensed under this Act;”
Decision: Withdrawn after debate

Page 3, line 16, leave out “spaceflight activities” and insert “a specific spaceflight mission or class of missions”
Decision: Withdrawn after debate

Page 6, line 39, after “guidance” insert “in regulations”
Decision: Withdrawn after debate

Page 6, line 41, at end insert—
“( ) A statutory instrument containing guidance under subsection (7) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”
Decision: Not moved


Page 7, line 37, leave out “to (4)” and insert “and (3)”
Decision: Withdrawn after debate


Page 7, line 42, leave out subsection (4) and insert—
“(4) The regulator must not grant an application for an operator licence unless the requirements in subsection (4A) are met.
(4A) As regards the risk to the health, safety and property of persons not within subsection (2), the Health and Safety Executive or (as appropriate) the Health and Safety Executive of Northern Ireland must have certified that—
(a) the applicant has taken all reasonable steps to ensure that those risks are as low as reasonably practicable, and
(b) the levels of those risks are acceptable.”
Decision: Not moved

Page 8, line 12, after “guidance” insert “in regulations”
Decision: Not moved

Page 8, line 21, at end insert—
“( ) A statutory instrument containing guidance under subsection (7) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”
Decision: Not moved


Page 8, line 28, at beginning insert “the Health and Safety Executive or (as appropriate) the Health and Safety Executive of Northern Ireland has certified that”
Decision: Not moved


Page 8, line 30, at end insert—
“( ) the applicant has carried out an environmental impact assessment, and has taken all reasonable steps to ensure that the impact on the environment of the building and operation of the spaceport is as low as reasonably practicable, and”
Decision: Not moved

Page 8, line 30, at end insert—
“( ) the applicant has taken all reasonable steps to ensure that the operation of the spaceport will have as little impact on the emergency services’ ability to operate in the surrounding area as reasonably practicable, and”
Decision: Not moved

Page 8, line 38, at end insert—
“( ) Within the period of 12 months beginning with the day on which this Act is passed, the Secretary of State must launch a consultation on whether an operator licence should specify a limit on the amount of the licensee’s liability under subsection (2), and what an appropriate limit would be.”
Decision: Withdrawn after debate


Page 9, line 19, at end insert—
“( ) Where an operator intends to launch a payload into outer space, an operator licence must include conditions requiring the disposal of any payload on the termination of operations where such a disposal is reasonably practicable.”
Decision: Withdrawn after debate


Page 9, line 41, at end insert—
“( ) must consult the Environment Agency or (as appropriate) the Northern Ireland Environment Agency, the Scottish Environment Protection Agency or Natural Resources Wales;
( ) must consult any relevant local planning authority;”
Decision: Not moved

Page 9, line 44, at end insert—
“( ) The regulator must sign a Memorandum of Understanding with the European Aviation Safety Agency (EASA) and the CAA confirming the conditions under which spaceflight would cease to be deemed experimental and would be considered commercial.”
Decision: Withdrawn after debate


Page 10, line 4, at end insert—
“( ) In subsection (6) a “relevant local planning authority” means a local planning authority with jurisdiction over any location which would be significantly affected by the licence application.”
Decision: Not moved


Page 10, line 16, at end insert—
“( ) The regulator may not consent to the transfer of a licence under subsection (1) unless the provisions in section 8(3) are met with regard to the licensee to which the licence will be transferred.”
Decision: Withdrawn after debate


Page 11, line 18, at end insert—
“( ) Before regulations are made under this section, the Secretary of State must lay before Parliament a report outlining—
(a) the functions the regulations will confer on the appointed person;
(b) the appointed person’s capacity to undertake the proposed functions;
(c) whether additional funds should be made available to ensure the appointed person can undertake the proposed functions; and
(d) whether the Government is intending to confer in the near future any other functions, separate to those relating to this Act, that may affect the appointed person’s capacity to exercise the functions proposed in the regulations.”
Decision: Withdrawn after debate


Insert the following new Clause—
“Report on the duties of the regulator and appointed persons
(1) The Secretary of State must, within the period of six months beginning with the day on which this Act is passed, lay a report before Parliament detailing the responsibilities and duties of the regulator, any appointed person or persons and any other Government department or agency responsible for regulating spaceflight.
(2) The report under subsection (1) must specify the legal basis under which the regulator, any appointed person or persons and any Government department or agency exercise their powers.”
Decision: Withdrawn after debate

Page 12, line 32, after “guidance” insert “in regulations”
Decision: Not moved

Page 12, line 34, at end insert—
“( ) A statutory instrument containing guidance under subsection (3) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”
Decision: Not moved

Page 13, line 27, after “guidance” insert “in regulations”
Decision: Not moved

Page 13, line 32, at end insert—
“( ) A statutory instrument containing guidance under subsection (3) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”
Decision: Not moved

Page 53, line 38, at end insert “including through the use of drones,”
Decision: Withdrawn after debate

Page 15, line 17, after “guidance” insert “in regulations”
Decision: Not moved

Page 15, line 19, at end insert—
“( ) A statutory instrument containing guidance under subsection (3) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”
Decision: Not moved


Page 23, line 32, at end insert—
“( ) An enforcement authorisation must be referred to a justice of the peace for evaluation within 48 hours, following the 48 hour period under subsection (7) in which the enforcement authorisation remains in force.”
Decision: Withdrawn after debate


Insert the following new Clause—
“Cancellation of enforcement authorisations issued in urgent cases
(1) The Secretary of State must immediately inform a justice of the peace that he has granted an enforcement authorisation under section 32.
(2) The justice of the peace may, within 48 hours of the enforcement authorisation being granted, decide to cancel the enforcement authorisation on the grounds that either criterion (a) or (b) in section 32(1) has not been met, and notify the Secretary of State of that decision.
(3) If a justice of the peace cancels the enforcement authorisation—
(a) the authorisation ceases to have effect;
(b) the Secretary of State must, so far as is reasonably practicable, ensure that anything in the process of being done under the authorisation stops as soon as possible;
(c) no future enforcement authorisation under section 32 can be granted in relation to the same incident, but an enforcement warrant may be granted by a justice of the peace in relation to the same incident under section 31.
(4) The Secretary of State may ask the High Court in England and Wales (or the Court of Session in Scotland or High Court of Justice in Northern Ireland) to review a decision made by any justice of the peace under subsection (2).
(5) On a review under subsection (4) the Court may—
(a) confirm the justice of the peace’s decision, or
(b) make a fresh decision.
(6) Nothing in this section affects the lawfulness of—
(a) anything done under the enforcement authorisation before it ceases to have effect;
(b) if anything is in the process of being done under the enforcement authorisation when it ceases to have effect —
(i) anything done before that thing could be stopped, or
(ii) anything done which it is not reasonably practicable to stop.
(7) In the application of this section to Scotland, a reference to a justice of the peace is to be read as a reference to a sheriff or summary sheriff.
(8) In the application of this section to Northern Ireland, a reference to a justice of the peace is to be read as a reference to a lay magistrate.”
Decision: Not moved

Page 26, line 18, after “misconduct” insert “or gross negligence”
Decision: Withdrawn after debate


Insert the following new Clause—
“Consultation on the licensing and insurance of small satellites
(1) The Secretary of State must, within the period of one year beginning with the day on which this Act is passed, launch a consultation on the licensing and insurance of small satellites.
(2) The consultation under subsection (1) must explore the following areas—
(a) the suitability of a traffic light system whereby small satellites meeting certain launch, orbit and technical criteria can be fast-tracked to licensing;
(b) whether in-orbit operations insurance could be waived completely for any such fast-tracked small satellites; and
(c) how insurance requirements could be aggregated for constellations of satellites.”
Decision: Withdrawn after debate


Page 30, line 27, at end insert—
“( ) An order under section 38 or 40 cannot be made—
(a) in relation to a spaceport or prospective spaceport in Scotland, without the consent of the relevant Minister in the Scottish Government;
(b) in relation to a spaceport or prospective spaceport in Wales, without the consent of the relevant Minister in the Welsh Government; or
(c) in relation to a spaceport or prospective spaceport in Northern Ireland, without the consent of the relevant Minister in the Northern Ireland Executive.”
Decision: Withdrawn after debate


Page 42, line 1, leave out “enactment” and insert “secondary legislation”
Decision: Withdrawn after debate


Page 42, line 3, leave out subsection (4) and insert—
“( ) A statutory instrument containing regulations under this section may not amend primary legislation.”
Decision: Not moved


Page 42, line 9, at end insert—
“( ) Regulations under this section may not—
(a) amend or repeal an Act of the Scottish Parliament without the agreement of the Scottish Parliament;
(b) amend or repeal an Act or Measure of the National Assembly for Wales without the agreement of the National Assembly for Wales; or
(c) amend or repeal Northern Ireland legislation without the agreement of the Northern Ireland Assembly.”
Decision: Withdrawn after debate


Page 42, line 43, leave out subsection (6) and insert—
“(6) A statutory instrument containing (whether alone or with other provision)—
(a) regulations under section 4(2),
(b) regulations under section 5(2),
(c) regulations under section 7(4),
(d) regulations under section 7(6),
(e) regulations under section 9,
(f) regulations under section 12(7),
(g) regulations under section 18,
(h) regulations under section 22,
(i) regulations under section 34(5),
(j) regulations under section 35(3)(a),
(k) regulations under section 58,
(l) regulations under section 64, or
(m) regulations that create offences,
is subject to the super-affirmative resolution procedure.
(6A) For the purposes of this Act the “super-affirmative procedure” is as follows.
(6B) The Minister must lay before Parliament—
(a) a draft order; and
(b) an explanatory document.
(6C) The explanatory document must—
(a) introduce and give reasons for the order,
(b) explain under which power or powers in this Act the provision contained in the order is made, and
(c) give a detailed explanation of provisions included in the order.
(6D) The Minister must have regard to—
(a) any representations,
(b) any resolution of either House of Parliament, and
(c) any recommendations of a committee of either House of Parliament charged with reporting on the draft order,
made during the 40-day period with regard to the draft order.
(6E) If, after the expiry of the 40-day period, the Minister wishes to make an order in the terms of the draft, he must lay before Parliament a statement—
(a) stating whether any representations were made under subsection (6D)(a); and
(b) if any representations were so made, giving details of them.
(6F) The Minister may after the laying of such a statement make an order in the terms of the draft if it is approved by a resolution of each House of Parliament.
(6G) However, a committee of either House charged with reporting on the draft order may, at any time after the laying of a statement under subsection (6E) and before the draft order is approved by that House under subsection (6F), recommend under this subsection that no further proceedings be taken in relation to the draft order.
(6H) Where a recommendation is made by a committee of either House under subsection (6G) in relation to a draft order, no proceedings may be taken in relation to the draft order in that House under subsection (6F) unless the recommendation is, in the same Session, rejected by resolution of that House.
(6I) If, after the expiry of the 40-day period, the Minister wishes to make an order consisting of a version of the draft order with material changes, he must lay before Parliament—
(a) a revised draft order; and
(b) a statement giving details of—
(i) any representations made under subsection (6D)(a); and
(ii) the revisions proposed.
(6J) The Minister may after laying a revised draft order and statement under subsection (6I) make an order in the terms of the revised draft if it is approved by a resolution of each House of Parliament.
(6K) However, a committee of either House charged with reporting on the revised draft order may, at any time after the revised draft order is laid under subsection (6I) and before it is approved by that House under subsection (6J), recommend under this subsection that no further proceedings be taken in relation to the revised draft order.
(6L) Where a recommendation is made by a committee of either House under subsection (6K) in relation to a revised draft order, no proceedings may be taken in relation to the revised draft order in that House under subsection (6J) unless the recommendation is, in the same Session, rejected by resolution of that House.
(6M) In this section the “40-day period” means the period of 40 days beginning with the day on which the draft order was laid before Parliament under subsection (6B).”
Decision: Withdrawn after debate


Page 43, line 30, at end insert—
“( ) Before making regulations under this Act, the Secretary of State must consult—
(a) the UK Space Agency;
(b) the CAA or any other persons (or both) appointed by the Secretary of State to exercise functions of the regulator under section 15 of this Act;
(c) the Health and Safety Executive and the Health and Safety Executive for Northern Ireland;
(d) the Office for Nuclear Regulation;
(e) the Defence Safety Authority;
(f) current and potential holders of operator licences, spaceport licences and range control licences;
(g) the satellite manufacturing industry; and
(h) any other body or organisation the Secretary of State considers appropriate.”
Decision: Not moved

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