Commentary on provisions of the Act Liabilities indemnities and insurance Section 34: Liability of operator for injury or damage etc
Subsection (1) of this section provides that there is no liability in trespass or nuisance in relation to spaceflight activities carried out substantially in compliance with all requirements and conditions imposed by or under this Act.
	Subsection (2) provides for the strict liability of an operator for injury or damage caused in the United Kingdom or its territorial waters; to an aircraft in flight above such land or water; or to persons or property on board such aircraft. The injury or damage must be caused by a craft or space object being used by the operator for spaceflight activities; by anything falling from such a craft or object, or by any person in the craft. This means that damages can be recovered without proof of negligence or intention or other cause of action. Where there is more than one operator involved in a space activity, there is nothing to stop such persons contractually allocating risk between themselves, but the person suffering injury or damage under this provision would still have a straightforward right of claim. Moreover, the operator for the purposes of this provision does not have to be a person in possession of an operator licence. It could be a person using a spacecraft or space object pursuant to an exemption under section 4, or a person who is carrying out spaceflight activities unlawfully.
	Subsection (2) provides that this right to bring a strict liability claim does not apply to individuals of prescribed descriptions who are taking part in, or otherwise engaged in connection with spaceflight activities. It also does not apply to damage or injury that is caused or contributed to by the negligence of the person who sustains it.
	Subsection (4) sets out circumstances in which the operator can be indemnified by another person for loss or damage for which the operator is strictly liable under subsection (2).
	Subsection (5) provides that regulations may impose a cap on the liability of the holder of an operator licence in relation to injury or damage that arises out of spaceflight activities carried on by the licensee. This is subject to such matters as may be prescribed in accordance with paragraph (b).
	In this section, "injury or damage" means personal injury, death or physical damage ((section 69(1)). Regulations may prescribe the framework or methodology for a regulator to specify individual limits in licences (subsection (6)).