Commentary on provisions of the Act Regulation of spaceflight etc Section 3: Prohibition of unlicensed spaceflight etc
This provision in subsection (1) prohibits the carrying out of space and sub-orbital activities and operation of a spaceport in the United Kingdom without a licence. The terms and conditions applicable to licences are dealt with in sections 12 and 13. The regulator will have a degree of flexibility, so could, for instance, issue an operator licence for a specific activity or a class of activities. A licence will be issued to a legal person, so any person carrying out an activity that falls within scope of a section 1(1) regulated activity will require a licence. The Act does not preclude a single licence being issued to more than one person on the basis of joint and several liability for all activities covered by that licence.
	Different parties may also have different levels of control over a regulated activity. For instance, where there is the launch of a satellite to orbit – both the operator of the spacecraft that is carrying the satellite (i.e. the operator of the launch vehicle) and the operator of the satellite (i.e. the person who has direct and effective control of the satellite when it is in orbit) will need to be licensed for space activities. The satellite operator will be engaging in the space activity of "procuring the launch" (section 1(4)(a)) and operating a satellite (section 1(4)(b)). The licence will therefore need to cover both types of activity (see section 12(1) – which permits this). In this example, the conditions in respect of section (1)(4)(a) activities will be less onerous than if the satellite operator was itself the launch vehicle operator.
	Subsection (2) provides definitions of an "operator licence" and a "spaceport licence" and also sets out the meaning of the term "spaceport". This provision is self-explanatory. Subsection (3) is also self-explanatory and excludes temporary installations at sea from the definition of a spaceport.
	Subsection (4) provides that an operator licence is not required by a licensed operator’s employees or agents.
	Subsection (5) provides that regulations may set out eligibility criteria for a licensee and may require that prescribed roles are to be undertaken by individuals on behalf of a licensee. "Licensee" in this section means the holder of an operator licence or the holder of a spaceport licence.
	Subsection (6) makes it an offence for a person to engage in spaceflight activities or to operate a spaceport without a licence. Subsection (7) provides that it is an offence for a person to make a statement that they know to be false or recklessly make a false statement for the purpose of obtaining a licence. This applies whether the person making the statement did so for the purpose of obtaining a licence for themselves or anyone else. Subsections (6) and (7) correspond to section 12(1)(a) and (b) of OSA, which contain equivalent offences in relation to activities carried on outside of the United Kingdom by United Kingdom nationals and companies.