(6) AN ACT TO CONFER LICENSING AND OTHER POWERS ON THE SECRETARY OF STATE TO SECURE COMPLIANCE WITH THE INTERNATIONAL OBLIGATIONS OF THE UNITED KINGDOM WITH RESPECT TO THE LAUNCHING AND OPERATION OF SPACE OBJECTS AND THE CARRYING ON OF OTHER ACTIVITIES IN OUTER SPACE BY PERSONS CONNECTED WITH THIS COUNTRY (United Kingdom: Outer Space Act 1986)
Be it enacted by the Queen's most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and Temporal, and Commons,
in this present Parliament assembled, and by the authority of the same, as
follows:-
Application of Act
1.-
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This Act
applies to the following activities whether carried on in the United Kingdom
or elsewhere-
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(a)
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launching or
procuring the launch of a space object;
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(b)
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operating a
space object;
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(c)
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any activity
in outer space.
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2.- |
(1)
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This Act
applies to United Kingdom nationals, Scottish firms, and bodies incorporated
under the law of any part of the United Kingdom.
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(2)
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For this
purpose "United Kingdom national" means an individual who is-
(a)
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a British
citizen, a British Dependent Territories citizen, a British National
(Overseas), or a British Overseas citizen,
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(b)
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a person who
under the British Nationality Act 1981 is a British subject, or
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(c)
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a British
protected person within the meaning of that Act.
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(3)
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Her Majesty
may by Order in Council extend the application of this Act to bodies incorporated
under the law of any of the Channel Islands, the Isle of Man or any dependent
territory.
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Licensing of activities
3.- |
(1)
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A person to
whom this Act applies shall not, subject to the following provisions, carry
on an activity to which this Act applies except under the authority of a
licence granted by the Secretary of State.
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(2)
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A licence is
not required-
(a)
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by a person
acting as employee or agent of another; or
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(b)
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for
activities in respect of which it is certified by Order in Council that
arrangements have been made between the United Kingdom and another country to
secure compliance with the international obligations of the United Kingdom.
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(3)
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The
Secretary of State may by order except other persons or activities from the
requirement of a licence if he is satisfied that the requirement is not
necessary to secure compliance with the international obligations of the
United Kingdom.
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(4)
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An order
shall be made by statutory instrument which shall be subject to annulment in
pursuance of a resolution of either House of Parliament.
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4.- |
(1)
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The
Secretary of State may grant a licence if he thinks fit.
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(2)
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He shall not
grant a licence unless he is satisfied that the activities authorised by the
licence-
(a)
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will not
jeopardise public health or the safety of persons or property,
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(b)
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will be
consistent with the international obligations of the United Kingdom, and will
not impair the national security of the United Kingdom.
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(3)
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The
Secretary of State may make regulations-
(a)
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prescribing
the form and contents of applications for licences and other documents to be
filed in connection with applications;
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(b)
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regulating
the procedure to be followed in connection with applications and authorising
the rectification of procedural irregularities;
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(c)
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prescribing
time limits for doing anything required to be done in connection with an
application and providing for the extension of any period so prescribed;
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(d)
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requiring
the payment to the Secretary of State of such fees as may be prescribed.
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5.- |
(1)
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A licence
shall describe the activities authorised by it and shall be granted for such
period, and may be granted subject to such conditions, as the Secretary of
State thinks fit.
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(2)
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A licence
may in particular contain conditions-
(a)
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permitting
inspection by the Secretary of State of the licensee's facilities, and
inspection and testing by him of the licensee's equipment;
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(b)
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requiring
the licensee to provide the Secretary of State as soon as possible with
information as to-
(i)
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the date and
territory or location of launch, and
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(ii)
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the basic
orbital parameters, including nodal period, inclination, apogee and perigee,
and with such other information as the Secretary of State thinks fit
concerning the nature, conduct, location and results of the licensee's
activities;
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(c)
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permitting
the Secretary of State to inspect and take copies of documents relating to
the information required to be given to him;
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(d)
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requiring
the licensee to obtain advance approval from the Secretary of State for any
intended deviation from the orbital parameters, and to inform the Secretary
of State immediately of any unintended deviation;
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(e)
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requiring
the licensee to conduct his operations in such a way as to-
(i)
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prevent the
contamination of outer space or adverse changes in the environment of the
earth,
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(ii)
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avoid
interference with the activities of others in the peaceful exploration and
use of outer space,
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(iii)
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avoid any
breach of the United Kingdom's international obligations and
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(iv)
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preserve the
national security of the United Kingdom;
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(f)
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requiring
the licensee to insure himself against liability incurred in respect of
damage or loss suffered by this parties, in the United Kingdom or elsewhere,
as a result of the activities authorised by the licence;
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(g)
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governing
the disposal of the payload in outer space on the termination of operations
under the licence and requiring the licensee to notify the Secretary of State
as soon as practicable of its final disposal; and
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(h)
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providing
for the termination of the licence on a specified event.
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6.- |
(1)
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A licence
may be transferred with the written consent of the Secretary of State and in
such other cases as may be prescribed.
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(2)
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The
Secretary of State may revoke, vary or suspend a licence with the consent of
the licensee or where it appears to him-
(a)
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that a
condition of the licence or any regulation made under this Act has not been
complied with, or
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(b)
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that
revocation, variation or suspension of the licence is required in the
interests of public health or national security, or to comply with any international
obligation of the United Kingdom.
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(3)
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The
suspension, revocation or expiry of a licence does not affect the obligations
of the licensee under the conditions of the licence.
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Other controls
7.- |
(1)
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The
Secretary of State shall maintain a register of space objects.
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(2)
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There shall be
entered in the register such particulars of such space objects as the
Secretary of State considers appropriate to comply with the international
obligations of the United Kingdom.
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(3)
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Any person
may inspect a copy of the register on payment of such fee as the Secretary of
State may prescribe.
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8.- |
(1)
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If it
appears to the Secretary of State that an activity is being carried on by a
person to whom this Act applies-
(a)
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in
contravention of section 3 (licensing requirement), or
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(b)
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in
contravention of the conditions of a licence,
he may give
such directions to that person as appear to him necessary to secure
compliance with the international obligations of the United Kingdom or with
the conditions of the licence.
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(2)
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He may, in
particular, give such directions as appear to him necessary to secure the
cessation of the activity or the disposal of any space object.
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(3)
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Compliance
with a direction may, without prejudice to other means of enforcement, be
enforced on the application of the Secretary of State by injunction or, in
Scotland, by interdirect or by order under section 91 of the Court of Session
Act 1868.
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9.- |
(1)
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If a justice
of the peace is satisfied by information on oath that there are reasonable
grounds for believing-
(a)
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that an
activity is being carried on by a person to whom this Act applies in
contravention of section 3 (licensing requirement) or in contravention of the
conditions of a licence, and
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(b)
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that a
direction under section 8 has not been complied with, or a refusal to comply
with such a direction is apprehended, or the case is one of urgency,
he may issue
a warrant authorising a named person acting on behalf of the Secretary of
State to do anything necessary to secure compliance with the international
obligations of the United Kingdom or with the conditions of the licence.
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(2)
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The warrant
shall specify the action so authorised.
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(3)
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The warrant
may authorise entry onto specified premises at any reasonable hour and on
production, if so required, of the warrant.
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(4)
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The powers
conferred by the warrant include power to use reasonable force, if necessary,
and may be exercised by the named person together with other persons.
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(5)
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A warrant
remains in force for a period of one month from the date of its issue.
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(6)
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In Scotland
the reference in subsection (1) to a justice of the peace shall be construed
as a reference to a justice of the peace or a sheriff and the reference to
information shall be construed as a reference to evidence.
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10.- |
(1)
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A person to
whom this Act applies shall indemnify Her Majesty's government in the United
Kingdom against any claims brought against the government in respect of
damage or loss arising out of activities carried on by him to which this Act
applies.
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(2)
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This section
does not apply-
(a)
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to a person
acting as employee or agent of another; or
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(b)
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to damage or
loss resulting from anything done on the instructions of the Secretary of
State.
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General
11.- |
(1)
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The
Secretary of State may make regulations-
(a)
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prescribing
anything required or authorised to be prescribed under this Act, and
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(b)
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generally
for carrying this Act into effect.
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(2)
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Regulations
under this Act shall be made by statutory instrument which shall be subject
to annulment in pursuance of a resolution of either House of Parliament.
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12.- |
(1)
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A person
commits an offence who-
(a)
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carries on
an activity in contravention of section 3 (licensing requirement);
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(b)
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for the
purpose of obtaining a licence (for himself or for another) knowingly or
recklessly makes a statement which is false in a material particular;
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(c)
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being the
holder of a licence, fails to comply with the conditions of the licence;
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(d)
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fails to
comply with a direction under section 8;
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(e)
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intentionally
obstructs a person in the exercise of powers conferred by a warrant under
section 9; or
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(f)
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fails to
comply with such of the regulations under this Act as may be prescribed.
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(2)
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A person
committing an offence is liable on conviction on indictment to a fine and on
summary conviction to a fine not exceeding the statutory maximum.
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(3)
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Where an
offence committed by a body corporate is provided to have been committed with
the consent or contrivance of, or to be attributable to neglect on the part
of, a director, secretary or other similar officer of the body corporate, or
a person purporting to act in any such capacity, he as well as the body
corporate is guilty of the offence and liable to be proceeded against and
punished accordingly.
In this
subsection "director", in relation to a body corporate whose affairs are
managed by its members, means a member of the body corporate.
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(4)
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Proceedings
for an offence committed outside the United Kingdom may be taken, and the
offence may for incidental purposes be treated as having been committed in
any place in the United Kingdom.
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(5)
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In
proceedings for an offence under paragraph (a), (c), (d) or (f) of subsection
(1) it is a defence for the accused to show that he used all due diligence
and took all reasonable precautions to avoid the commission of the offence.
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(6)
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A person
other than a person to whom this Act applies is not guilty of an offence
under this Act in respect of things done by him outside the United Kingdom,
except-
(a)
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an offence
of aiding, abetting, counselling or procuring, conspiracy or incitement in
relation to the commission of an offence under this Act in the United
Kingdom; or
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(b)
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an offence
under subsection (3) (liability of directors, officers, &c.) in
connection with an offence committed by a body corporate which is a person to
whom this Act applies.
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(7)
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Section 2
(person to whom this Act applies) shall not be construed as restricting the
persons against whom proceedings for an offence may be brought.
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13.- |
(1)
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In this Act-
"dependent
territory" means-
(a)
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a colony, or
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(b)
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a country
outside Her Majesty's dominions in which Her Majesty has jurisdiction in
right of Her Government in the United Kingdom;
"outer space"
includes the moon and other celestial bodies; and
"space
object" includes the component parts of a space object, its launch vehicle
and the component parts of that.
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(2)
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For the
purpose of this Act a person carries on an activity if he causes it to occur
or is responsible for its continuing.
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14.-
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The following
Table shows provisions defining or otherwise explaining expressions used in
this Act (other than provisions defining or explaining an expression used in
the same section):-
activities
to which this Act applies
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section 1
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carrying on
an activity
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section
13(2)
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dependent
territory
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section
13(1)
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outer space
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section
13(1)
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person to
whom this Act applies
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section 2
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prescribed
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section
11(1)(a)
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space object
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section
13(1)
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15.- |
(1)
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This Act may
be cited as the Outer Space Act 1986.
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(2)
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This Act
comes into force on such day as the Secretary of State may appoint by order
made by statutory instrument.
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(3)
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The
Secretary of State may appoint a later day for the commencement of so much of
section 2(2)(a) as refers to the status of British National (Overseas).
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(4)
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Activities
to which this Act applies begun before the commencement of this Act may be
carried on without a licence under section 3 for six months after
commencement; but sections 8 and 9 (directions and action to secure
compliance with international obligations) apply to such activities as they
apply to activities carried on in contravention of that section.
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(5)
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This Act
extends to England and Wales, Scotland and Northern Ireland.
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(6)
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Her Majesty
may by Order in Council direct that this Act shall apply, subject to such
exceptions and modifications as may be specified in the Order, to the Channel
Islands, the Isle of Man or any dependent territory.
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