Commentary on provisions of the Act Licences Section 9: Grant of operator licences: safety
Subsection (1) provides that the regulator must not grant an operator licence unless satisfied that the requirements in subsections (2) to (4) are met. Subsections (2) and (3) relate to risk assessments for persons taking part in the proposed spaceflight activity, while subsection (4) covers the risks to health, safety and property to be addressed in respect of everyone else.
	Subsection (2) requires the applicant to carry out an assessment of risks to the health and safety of prescribed persons taking part in spaceflight activities to be authorised by the licence. That risk assessment must meet requirements prescribed by subsection (3).
	Subsection (4)(a) requires the applicant to take all reasonable steps to reduce risks from spaceflight activities to the health, safety and property of other persons to "as low as reasonably practicable". The term "as low as reasonably practicable" is a familiar concept in health and safety law, providing a benchmark for risk assessments under section 2 and section 3 of the Health and Safety at Work Act 1974.6 Separately, section 9(4)(b) requires an additional test to be satisfied. The residual risks, even if the operator has met the test in section 9(4)(a), must also be acceptable, or else the licence cannot be granted.
	Subsections (5) and (6) enable the making of regulations concerning matters relating to risk assessment and determining acceptable levels of risk for the purposes of subsection (4)(b).
	Subsection (7) provides for the issuing of guidance to licence applicants about meeting requirements under subsections (2) to (4) of this section.
	Subsection (8) provides that the regulator must have regard to any guidance the Secretary of State may issue to the regulator (if that person is not the Secretary of State) for the purposes of the regulator’s functions under this section.
	Subsection (9) provides that any person carried on a spacecraft or carrier aircraft is "taking part in" spaceflight activities, irrespective of whether they are involved in the operating of such craft, or not. This means that the risk assessment requirements of subsections (2) and (3) will be applied in respect of such persons, rather than the requirements of subsection (4).