SPACE INDUSTRY BILL [LORDS]: Cap on licensees’ liability limit
“(1) The Secretary of State must, within 12 months of this Act receiving Royal Assent, lay a report before Parliament setting out plans for a cap on licensees’ liability.
(2) Before exercising their duties under subsection (1), the Secretary of State must carry out a consultation on what an appropriate maximum limit would be on the amount of a licensee’s liability, and lay a report before Parliament setting this out.
(3) The report under subsection (1) must provide for, but is not limited to—
(a) a maximum limit on the amount of a particular licensee’s liability for each launch undertaken by the operator;
(b) a maximum limit on the amount of licensees’ liability for each launch classification type;
(c) divisions of responsibility and the level of liability for parties’ spaceflight activities, including—
(i) the Spaceport;
(ii) the launch operator; and
(iii) the satellite operator.
(4) In subsection (3) “launch classification type” means the level of risk attached to each type of launch as determined by the regulator.
(5) Before exercising their duties under subsection (1), the Secretary of State must consult the Scottish Government, the Welsh Government and the Northern Ireland Executive and have regard to their views in respect of any proposed regulations.
(6) As well as consulting those under subsection (5) the Secretary of State must consult with—
(a) UKspace, and
(b) any other such persons as the Secretary of State considers appropriate.”
This new clause would require the Government to consult on and set a mandatory cap on licensees’ liability for each individual launch, based on the classification type of each launch.—(Carol Monaghan.)