Summary of non-qualifying regulatory provisions 2020-21
Published 20 December 2021
© Crown copyright 2021
This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.
Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.
This publication is available at https://www.gov.uk/government/publications/uk-space-agency-business-impact-target-2020-21/summary-of-non-qualifying-regulatory-provisions-2020-21
1. Business Impact Target
Non-qualifying Regulatory Provisions (NQRP) summary
Regulator: UK Space Agency (UKSA)
Business Impact Target Reporting Period Covered: 17 December 2020 to 16 December 2021
Measures certified as being below de minimis (measures with an EANDCB below +/- £5 million)
The UKSA reviewed and updated Outer Space Act 1986 (OSA) satellite licence fees for constellation operators to ensure that fees are proportional to regulatory and licensing costs and are appropriately aligned with HM Treasury charging guidance. The scheme took effect from 1 April 2021.
1.1 Casework
Four space operators have used the optional pre-application Traffic Light licensing process. The UKSA has issued 219 OSA licences to 6 operators during the reporting period, and written to 11 space operators to check they are complying with their licence conditions (no non-compliance notices issued).
1.2 Education, communications and promotion
The UKSA co-chaired one Regulatory Advisory Group meeting with representatives of the space industry, which, amongst other things, discussed the merits of potential future regulatory reforms. The UKSA Spaceflight Programme has held three industry engagement events setting out the proposed approach to secondary legislation enacted under the Space Industry Act 2018 (SIA).
Attendance at these events was optional and to date none of the material produced creates a new regulatory standard that businesses will be expected to follow.
1.3 Activity related to policy development
UKSA collaborated with the Department for Business, Energy and Industrial Strategy (BEIS), the Department for Transport (DfT) and Civil Aviation Authority (CAA), and others, to produce regulations and guidance to implement the SIA. These included proposals to appoint the CAA as the UK space regulator. The enabling legislation (Space Industry Regulations 2021) came into effect on 29 July 2021.
The UKSA is developing more detailed policy on Constellations, In-Orbit Servicing & Manufacturing (IOSM) and Active Debris Removal (ADR) to supplement the basic enabling policy already in place for such missions. The UKSA also continues to develop its policy approach on earth observation (EO) data security, alongside the Ministry of Defence (MOD), In-Situ Resource Utilisation and Beyond Earth Orbit missions, for example lunar missions.
In short, the CAA will now be responsible for implementing regulatory requirements under the SIA, OSA (and existing powers under the Air Navigation Order). However, DfT, BEIS and UKSA will continue to support policy formation.
1.4 Changes to management of regulator
The CAA became the UK space regulator on 29 July 2021, implementing spaceflight regulations. However, in some instances (e.g. EO data security), operators will continue to seek consent from the UKSA. As such, the UKSA is reporting on NQRPs prior to the transfer of regulatory functions, and the CAA will report on measures post-transfer, as well as future reporting periods.
Furthermore, the Space Industry Regulations 2021 are a QRP, owned by the DfT. The DfT has provided a full assessment of impacts via the ‘Space Industry Regulations 2021 Impact Assessment’.