Commentary on provisions of the Act General Section 68: Regulations: general
This section enables the Secretary of State to make regulations for putting this Act into effect and to achieve the purposes in section 1(1) (regulating space, sub-orbital and associated activities).
	Subsections (2) and (3) enable regulations to provide for exceptions; different provisions for different areas; and supplemental, incidental, transitional or consequential provision. This may include transitional and savings provisions for licences and licence applications under OSA.
	Subsection (3)(b) enables provisions of regulations to apply outside the United Kingdom, although any such provisions would have to respect the principles of international comity as regards imposing liability for extra-territorial conduct, and they would also need to take into account practical issues of enforceability.
	Subsection (4) provides that regulations made under this Act are exercisable by the Secretary of State by statutory instrument.
	Subsection (5) provides that regulations under this Act must be made under the negative resolution procedure, except in the case of an instrument listed in subsection (6) or an instrument containing regulations under section 70 (commencement regulations).
	Subsection (6) requires only the affirmative resolution procedure to be used for:
	section 4(2) (exempting persons or activities from a licence);
	the first regulations to be made under section 5(2) (providing for range for spaceflight activities);
	section 7(4) (exempting persons or services from providing unlicensed range control services);
	the first regulations to be made under section 7(6) (provision of range control services);
	the exercise of any powers in section 9 (grant of operator licences: safety);
	the first regulations to be made under section 13(7) (prescribing how a licence holder may comply with prescribed licence conditions);
	the first regulations to be made under section 19 (safety regulations);
	the first regulations to be made under section 23 (security regulations);
	section 35(5) (limits or restrictions in respect of the Secretary of State’s power to indemnify);
	section 36(3)(a) (limits or restrictions on obligation to indemnify Government etc. against claims);
	section 59 (regulations providing for civil sanctions);
	section 65 (agreements with other countries meeting compliance with requirements); and
	any regulations that create offences.
	Subsequent regulations made under sections 5(2), 7(6), 13(7), 19 and 23 are to be made by the negative resolution procedure, as required by subsection (5).
	Subsection (7) places a duty on the Secretary of State to carry out a public consultation before making regulations to which subsection (6) applies. The Secretary of State must submit a report about the consultation when laying any draft instruments containing regulations under subsection (6). This is not required where amending regulations do not make any substantial change.
	Subsection (9) enables provisions under this Act that may be included in regulations to be included in an Air Navigation Order. Where an Air Navigation Order is made the affirmative resolution procedure will be required if a statutory instrument containing that provision would have had to be by affirmative resolution procedure because of subsection (6).