Review of licensing regime operated under the Outer Space Act 1986.

A review of the operation of the licensing regime for activities by UK individuals and organisations in outer space is being undertaken.

The Outer Space Act 1986 requires UK individuals or organisations to apply for a license from BNSC whenever they are carrying out one of the following activities:

• Launching or procuring the launch of a space object
• Operating a space object
• Any other activity in outer space

The BNSC administers the licensing regime of the Outer Space Act 1986 on behalf of the Secretary of State. The Outer Space Act 1986 is the UK's regulatory framework for activities in space. It is designed to enable the UK Government to comply with its obligations under international treaties and conventions and applies to all activities in space, carried out by UK nationals including companies, and also to any nationals of Overseas Territories and Crown Dependencies to which the Act has been extended.

The Secretary of State has discretion as to when he/she should grant a license. Before granting a license to an organisation, the Secretary of State has to be satisfied that the activity will not jeopardise public health or the safety of persons or property, will not impair national security and will be consistent with the international obligations of the UK. For example, satellite operators have to show that they have considered how they will dispose of their satellite once it has reached the end of its operational life. The Outer Space Act 1986 also enables the Secretary of State to attach conditions to licenses where he/she sees fit. A requirement for the licensee to hold adequate third party insurance is one such condition.

BNSC has now initiated a review of the Licensing Regime. The work is being carried out by a contractor - Moreton Hall Associates, together with JRA Technology Ltd.

The objectives of the Review are:

(1) To analyse the way in which the UK, through BNSC, implements the Outer Space Act 1986 in the light of changes in:

• the international situation and other nation's practice
• national, international and EU legislation
• introduction of The Human Rights Act
• requirements for indemnity and insurance and their provision

(2) To investigate the license application, issue and monitoring process in the light of:

• continuing applicability following the above review
• feedback from interested parties on practice to date
• cost-effective use of resources.

(3)To confirm the continuing need for licensing, and if so

• determine the benefits to the UK
• suggest any (prioritised) changes to the procedure or processes in order to increase cost-effectiveness and relevance to the changing situation.

The work includes a series of interviews with key UK Government officials, contractors and individuals engaged in support of the BNSC in its role as licensing and monitoring authority, and also licensees. Relevant documentation will also be reviewed including The Outer Space Act 1986, and its extensions to UK Territories and Dependencies, International Treaties, legal opinions and accumulated papers related to licenses.

The review activities are being carried out in the context of the evolving international situation, and the challenges posed by future space projects.

The work will be completed by 31^st March 2005, and the report will be used to assist BNSC in formulating its views for the future management of the licensing regime.

Any representations on this activity should be sent to both the following addresses:

Richard.Tremayne-Smith@bnsc.gsi.gov.uk
ghall@moreton-hall.com

Further Information on the Outer Space Act is available on the BNSC website