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Government space contracts and licensing · UK and France

UK and French space contracts and licensing

In the UK, the Outer Space Act 1986 licenses UK persons' space activities abroad and the Space Industry Act 2018 licenses spaceflight and spaceports in the UK, with the Civil Aviation Authority as regulator. Both make the operator indemnify the government, subject to a liability limit in the licence. Spectrum is licensed by Ofcom. In France, the Space Operations Act 2008 (LOS) requires authorisation for launch, operation and transfer of control of space objects, with CNES advising and a State guarantee above the operator's liability ceiling. Government buyers include the MOD (UK Space Command), the UK Space Agency, the DGA and CNES.

Randeep Bubbra | Lawyer | Making space financeable

What to know

  • UK operators must indemnify the government against claims arising from their activities. Under the Space Industry Act an operator licence must specify a limit on that liability.
  • Damage on the ground or to aircraft in flight from UK spaceflight activities is recoverable without proof of fault (strict liability).
  • A UK Outer Space Act licence can be transferred only with written consent.
  • France requires prior authorisation for a transfer of control of a space object already authorised, which reaches into share sales of operators.
  • MOD space contracts use the DEFCON framework: see the InfraDefence procurement terms for break, IP, assignment and change of control.

The instruments

Term by term

Licence to launch and operate

UK: Outer Space Act licence for UK persons abroad; Space Industry Act licence for spaceflight and spaceports in the UK; the CAA is regulator. France: LOS authorisation from the space minister, with CNES technical review.

Third-party liability and insurance

UK: operator indemnifies the government, up to the limit in its licence; strict liability for damage on the ground; insurance set by regulations and licence. France: operator liability capped, with a State guarantee above the cap.

Cross-waivers

Contractual, in launch and hosting contracts. Neither the UK Acts nor the French LOS impose a statutory cross-waiver between commercial parties.

Procurement and geographic return

UK: the Procurement Act 2023, with defence and security contracts for military space; UK Space Agency grants and national programmes. France: public procurement code and DGA/CNES contracts.

IP and data rights

UK MOD: contractor usually owns results with MOD use rights (DEFCON 705); vesting in MOD (DEFCON 703) only in exceptional cases. France: set by contract (CNES, DGA).

Export control

UK: Export Control Order 2008 for military goods, and the UK dual-use list. France: EU dual-use rules plus the war materials regime.

Spectrum and ITU filings

UK: Ofcom licenses spectrum use and manages UK ITU filings. France: ANFR handles ITU filings.

Change of control and transfer

UK: Outer Space Act licences transfer only with written consent; NSI Act mandatory notification for satellite and space technology. France: prior authorisation for a transfer of control of a space object.

Anchor revenue and termination

UK MOD: break on notice with an indemnity for unavoidable loss, capped at the contract price; implied termination rights under the Procurement Act. France: State may terminate in the public interest, with compensation.

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General information on public law and standard terms as at 28 Oct 2026, not legal advice on any contract or transaction. Quoted wording is checked against the official text linked to it.