The Space Industry (Licence Exemption for Military Activities of Allies) Regulations 2025
The Space Industry (Licence Exemption for Military Activities of Allies) Regulations 2025 exempt authorized personnel from allied armed forces, international military organizations, and related entities from needing operator or range control licenses for sub-orbital spaceflight activities conducted for national security purposes.
These exemptions apply when activities originate from Crown land, land controlled by His Majesty's forces, or specific ships or platforms in UK territorial waters.
The regulations were created under the Space Industry Act 2018, following public consultation and parliamentary approval, and also amend the Space Industry Regulations 2021.
Arguments For
Intended benefits: Streamlines spaceflight operations for allied military forces in the UK, promoting collaboration and efficiency in national security efforts.
Evidence cited: The regulations cite the Space Industry Act 2018, sections 4(2) and (4)(b), 7(4) and (6)(h) and 68(2) and (3)(c) as the legal basis.
Implementation methods: The regulations clearly define eligible personnel and activities, specifying locations and conditions for exemption.
Legal/historical basis: The regulations are made under the authority of the Space Industry Act 2018, following public consultation and parliamentary approval.
Arguments Against
Potential impacts: Could potentially raise concerns about oversight and accountability regarding spaceflight activities conducted by non-UK entities.
Implementation challenges: Ensuring compliance and monitoring activities carried out under these exemptions may require resources and procedures to track them.
Alternative approaches: Stricter regulation and licensing requirements could ensure more direct supervision over all spaceflight activities, though this may slow down collaboration.
Unintended effects: The specific exemptions could create precedent for future extensions or interpretations, potentially altering the intended scope and impacts.
- Citation, commencement and extent (1) These Regulations may be cited as the Space Industry (Licence Exemption for Military Activities of Allies) Regulations 2025 and come into force on the day after the day on which they are made. (2) These Regulations extend to England and Wales, Scotland and Northern Ireland.
These regulations are titled the 'Space Industry (Licence Exemption for Military Activities of Allies) Regulations 2025' and came into effect the day after their creation.
They apply across the entire United Kingdom.
- Interpretation In these Regulations— “the 2018 Act” means the Space Industry Act 2018; “allied armed force” means the naval, military and air force or defence force of a country invited to the United Kingdom by, or present in the United Kingdom with the consent of, His Majesty’s government in the United Kingdom, to carry out a permitted activity; “authorised person” means— (a) an allied armed force or a member of an allied armed force, (b) an international military organisation or a person acting under its authority, (c) an agent or contractor of an allied armed force or international military organisation, or (d) a member or official of a foreign government or a part of a foreign government, or an official of an agency or authority of such a government, provided that the member or official has been invited to the United Kingdom by, or is present in the United Kingdom with the consent of, His Majesty’s government in the United Kingdom, to carry out a permitted activity; “Crown interest” means any of the following— (a) an interest belonging to His Majesty in right of the Crown or in right of His private estates, or (b) an interest belonging to a government department or held in trust for His Majesty for the purposes of a government department; “Crown land” means land in which there is a Crown interest or Duchy interest; “Duchy interest” means an interest belonging to His Majesty in right of the Duchy of Lancaster or belonging to the Duchy of Cornwall; “His Majesty’s forces” has the same meaning as in the Armed Forces Act 2006; “international military organisation” means a naval, military or air force organisation governed by public international law or established by, or on the basis of, an agreement between two or more countries and invited to the United Kingdom by, or present in the United Kingdom with the consent of, His Majesty’s government in the United Kingdom, to carry out a permitted activity; “permitted activity” means a sub-orbital activity which is carried out for national security purposes but which does not include— (a) the launching, procuring the launch of, operating or procuring the return to earth of a balloon that is capable of reaching the stratosphere carrying crew or passengers or of an aircraft carrying such a balloon; (b) the launching, procuring the launch of, operating or procuring the return to earth of a rocket or other craft that is capable of operating above the stratosphere and carrying crew or passengers or of an aircraft carrying such a craft; (c) procuring the launch or return to earth of a rocket or other craft that is capable of operating above the stratosphere or of an aircraft carrying such a craft.
This section defines key terms used throughout the regulations. 'The 2018 Act' refers to the Space Industry Act 2018. 'Allied armed force' defines forces from countries invited to the UK with government consent. 'Authorized person' includes members of allied forces, international military organizations, and relevant contractors or government officials. 'Crown interest' clarifies ownership types. 'His Majesty's forces' uses the definition from the Armed Forces Act 2006. 'International military organization' specifies those invited to the UK with government consent. 'Permitted activity' is defined as sub-orbital activities for national security, excluding activities with stratospheric or beyond balloons, rockets, or crafts carrying passengers.
- Exemption from the requirement for an operator licence An authorised person is exempt from the requirement for an operator licence under section 3 of the 2018 Act (prohibition of unlicensed spaceflight etc) to carry out a permitted activity, where the activity is carried out or is to be carried out from— (a) Crown land or land controlled by His Majesty’s forces; (b) a fixed platform on the territorial sea adjacent to the United Kingdom, owned or controlled by His Majesty’s forces; or (c) a ship on the territorial sea adjacent to the United Kingdom.
This section grants an exemption from operator license requirements under the 2018 Act.
Authorized persons are exempt if carrying out permitted activities from Crown land, land controlled by the UK Armed Forces, or UK-owned or controlled platforms/ships in UK territorial waters.
- Exemption from the requirement for a range control licence (1) A person is exempt from the prohibition in section 7(1)(b) (restriction on the provision of range control services) of the 2018 Act on unlicensed persons providing range control services where— (a) the person has entered into a contract with the Secretary of State to provide range control services on behalf of the Ministry of Defence; (b) that person provides range control services for a permitted activity to be carried out by an authorised person; and (c) the permitted activity is carried out or is to be carried out from— (i) Crown land or land controlled by His Majesty’s forces; (ii) a fixed platform on the territorial sea adjacent to the United Kingdom, owned or controlled by His Majesty’s forces; or (iii) a ship on the territorial sea adjacent to the United Kingdom. (2) The exemption of a person in accordance with paragraph (1) extends to that person’s employees or agents.
This section addresses exceptions to range control licensing.
Individuals are exempt from the 2018 Act's restrictions if they: (1) hold a contract with the Secretary of State for Ministry of Defence range control services, (2) provide services for an authorized person's permitted activity and (3) the activity originates from Crown land, UK Armed Forces controlled land, or UK owned/controlled platforms/ships in UK territorial waters.This exemption also extends to the individual's employees and agents.
- Amendment to the Space Industry Regulations 2021 (1) The Space Industry Regulations 2021 are amended as follows. (2) In regulation 2 (interpretation), after paragraph (2) insert— (3) For the purposes of these Regulations, references to “space site” do not include references to a ship in regulation 3(c) of the Space Industry (Licence Exemption for Military Activities of Allies) Regulations 2025 from which a permitted activity is carried out or is to be carried out by an authorised person. (4) For the purpose of paragraph (3), “permitted activity” and “authorised person” have the same meaning as in regulation 2 of the Space Industry (Licence Exemption for Military Activities of Allies) Regulations 2025.
This section amends the 2021 Space Industry Regulations.
Specifically it adds that a 'space site' does not include ships as defined in regulation 3(c) of these regulations used for permitted activities by authorized persons.
The definitions of 'permitted activity' and 'authorized person' align with those set out in regulation 2 of this document.