Spaceports present an out of this world challenge for UK legislators, says expert

Dr Alex Simmonds, an expert in space law, says that expected rocket launches from Shetland in the new year will open a new frontier of judicial risks that could either help the UK achieve stratospheric business success or be economically exploited via legal black holes.

While the Space Industry Act has been in place since 2018, supplemented by Space Industry Regulations 2021, to govern commercial spaceport activity in the UK, the rapid pace of development coupled with international competition means that politicians and lawmakers could be brought back to Earth with a bump in the event of any mistakes.

“The space economy is only going to grow, so economically it will certainly benefit Scotland,” said Dr Simmonds.

“There is a need for regulation to protect the public and that is why a licensing system is in place. But to be covered by the licensing regime, a rocket has to operate above the stratosphere. 

“Some rockets are used for low-level purposes, so are not governed by the Space Industry Act, but are dealt through permission from the Civil Aviation Authority. This means they are not covered by the same environmental checks.  This is something that either Parliament needs to be mindful of when it wants to boast about any success these spaceports generate.”

Scotland’s geographical position makes it particularly favourable for what is known as polar synchronous orbits – where satellites travel over both poles – because of its location north of the equator. However, while this provides a commercial advantage, he stresses that the legal system must ensure that this is not at the sacrifice of public interest.

“We are dealing with very dangerous technology,” he said. 

“There are lots of safety considerations that need to be taken into account. Regulators have been very cautious at this stage, which is a good thing, but a balance needs to be achieved as businesses do not like to be caught up in red tape. 

“If that happens then they may look elsewhere, which could jeopardise the UK’s involvement before it gets off the ground. The fitness and purpose of the UK’s licensing regime will be integral to whether or not the UK’s space programme can be judged a success or not.”

While relatively new in the orbit of UK lawmakers, space law has been around for decades. Legislation such as the Outer Space Treaty of 1967 helped govern use of certain weapons in space, protecting the use of celestial bodies, such as the Moon, and space debris. However, with launches from Scotland meaning that the UK will boldly go where it has never gone before, Dr Simmonds say that future exploration of space presents a galaxy of legal conundrums.

“Space law is constantly evolving and is layered very differently than that here on Earth,” he added.

“As we look to the future, we need to discuss how laws adopted here on Earth may apply elsewhere. For example, if a new law comes into effect at midnight on Earth, does that come into force at the same time on Mars? The speed of light could even be a factor in how and when law comes into play.

“What we do know is that space law is becoming more important. What happens up there undoubtedly has an impact on what happens down here.”