UK space law: what is a spaceport?

In part 3: A journey towards lift-off, we continue to examine how the Space Industry Act 2018 is propelling the UK into the commercial space race, and what is a spaceport!

In July 2021, the Space Industry Act 2018 (the SIA) ignited a new era for the UK, paving the way for commercial space activities to soar within its borders.[1] Fast forward to 2023, and history was made as Spaceport Cornwall in Newquay hosted the UK’s inaugural rocket launch.[2] As mentioned in our second article on spaceports and space hub, whilst this mission faced challenges (the satellites onboard failed to reach orbit required to be delivered successfully), it marked a significant leap forward in the UK’s launch capabilities.[3] In this article we explore how the SIA has enabled the numerous launch sites, spaceports (and the space hubs that support them) to have taken-off (or thereabouts)!

Defining a spaceport

Briefly, a spaceport is a site for launching or receiving spacecraft. While there are many such locations that might fulfil this simple criterion, an additional condition is that the spaceport must have been used for at least one successful orbital launch (where the spacecraft achieves orbital velocity i.e., the speed at which an object must reach to remain in orbit). With this additional requirement, the list of countries containing at least one spaceport is relatively short (and currently does not include the UK).

The SIA contains its own definition of a spaceport:

Section 3(2) of the Act states:[4]

“spaceport” means—

(a) a site from which spacecraft or carrier aircraft are launched or (as the case may be) are to be launched, or

(b) a site at which controlled and planned landings of spacecraft take place or (as the case may be) are to take place;

To further understand what the SIA considers to be a spaceport the following definitions are required:

• “spacecraft” is defined in section 2(6) as “a space object, or a craft to which section 1(5) applies, that is used or (as the case may be) is to be used for the purpose of spaceflight activities”.[5]
• “carrier aircraft” is defined in section 2(6) as “an aircraft that is not capable of operating above the stratosphere and is used, or (as the case may be) is to be used, to carry a spacecraft”.[6]
• “spaceflight activities” are defined in section 1(6) to include both “space activities” and “sub-orbital activities”, each of which are defined in section 1(4) as follows:[7]

“space activity” means—

(a) launching or procuring the launch or the return to earth of a space object or of an aircraft carrying a space object,

(b) operating a space object, or

(c) any activity in outer space;

“sub-orbital activity” means launching, procuring the launch of, operating or procuring the return to earth of—

(a) a craft to which subsection (5) applies [a rocket or other craft that is capable of operating above the stratosphere, or a balloon that is capable of reaching the stratosphere carrying crew or passengers], or

(b) an aircraft carrying such a craft, but does not include space activity.

• Finally, “space object” and “outer space” are defined in section 69 of SIA[8] with cross-reference to the Outer Space Act 1986[9] that are not particularly illuminating. However, in the interests of completeness, section 13 of the Outer Space Act 1986 defines a “space object” to include “the component parts of a space object, its launch vehicle and the component parts of that” and “outer space” to include the moon and other celestial bodies.[10]

What the above shows is that the UK’s definition of a spaceport is somewhat wider than the exclusive definition described at the beginning of this article. It includes horizontal (where a spacecraft is launched from a carrier aircraft, which takes off from an extended aeroplane runway) and vertical launch sites (where the spacecraft launches directly from the site) as well as landing sites, and even where an orbital launch has taken place (or not) from the site. It also includes sites from which sub-orbital craft are or are to be launched or land (including balloons capable of reaching the stratosphere carrying crew or passengers).

As explored in our previous article, several spaceports are currently under development in the UK, with a few already operational or set to become operational later this year or next.[11] Practically speaking, a spaceport requires three categories of resources: infrastructure, vehicles, and services.

Taking each of these in turn, infrastructure for vertical launch sites is relatively simple. A launch pad will be required, which is unlikely to be much more than a concrete pad. Associated infrastructure, including access roads, utilities, fuel storage and buildings for vehicle assembly/maintenance and ground control services will also be necessary.[12] Horizontal launch sites, on the other hand, will require more finesse. While much of the associated infrastructure will be similar, carrier aircraft runways are a more complex structure than vertical launch pads. Furthermore, the SIA and regulations will require any proposed horizontal spaceports to be located at an aerodrome which is either Civil Aviation Authority (CAA) licensed or European Aviation Safety Agency (EASA) certified, and National Aviation Security Programme (NASP) directed. 

As for “vehicles” required for a spaceport it will come as no surprise that a spacecraft is required for both vertical launches and horizontal launches (in the form of a carrier aircraft). While some may question the utility of horizontal spaceports if it is possible to launch rockets directly from the ground, horizontal launches have many benefits over vertical launches. For example, adverse weather is less of an obstacle. Furthermore, a carrier aircraft means that a rocket can be transported and launched where there are no people in the vicinity (such as over the sea) and also taken to high altitude (so that less energy is needed for the launch). For example, Virgin Orbit’s rocket launch system used at Spaceport Cornwall last year was a horizontal launch system. 

Finally, there are a great number of services required to support the development and operation of a spaceport. Engineering and construction services will be required for the construction of spaceport infrastructure and spacecraft, with ongoing services (including those related to fuel, maintenance and traffic control required during the operation of the spaceport). Indirect services, including insurance and legal services, will also be important to ensure that the spaceport is legally compliant, and the associated risks properly covered.