Coming soon: legislation requiring premises owners and event organisers to take steps in relation to terrorist threats

Tomorrow (7 January 2025) the Terrorism (Protection of Premises) Bill receives its second reading in the House of Lords. “Martyn’s law” (as it is known) was developed after the 2017 attack on the Manchester Arena and became a Labour Party manifesto commitment in the last election. In broad terms, it will require those with control of certain premises or events to take steps: 

• to reduce the risk of physical harm to individuals arising from acts of terrorism;
• to reduce the vulnerability of the premises or event to acts of terrorism.

It seems likely that the Bill will become law during 2025. It applies to “qualifying premises” and “qualifying events”. The current Bill contains two levels of compliance – standard and enhanced. Standard level compliance is focused on policies and procedures, as well as a duty to register certain matters with the Security Industry Authority (SIA). Enhanced level compliance adds a broader range of actions, for example physical safety and security measures as well as additional record-keeping and requirements to lodge records with the SIA.

Qualifying premises subject to the standard level will be those used for one or more “specified uses” where it is reasonable to expect that from time to time between 200 and 799 individuals may be present there at the same time in connection with one or more of the “specified uses”.   The enhanced level will apply to qualifying premises where 800 or more individuals may be present.  

The specified uses for both compliance levels include a range of educational and cultural purposes including primary, secondary, further and higher education, museums, archives, leisure and hospitality uses etc.  Some uses such as childcare, primary and secondary education and places of worship are only subject to the standard level of compliance, even where the 799 individuals threshold may be exceeded.

A qualifying event is one taking place in a building and/or on land where at some point 800 or more individuals will be present at the same time and entry to the event is in some way restricted by ticket (whether paid for or not), membership or similar. A qualifying event will always be subject to enhanced compliance.

All qualifying premises and qualifying events must have a “responsible person” who is the person who has control of the premises or event in connection with their specified use or the event. For many education institutions the responsible person is likely to be the governing body.  However, qualifying events and qualifying premises subject to the enhanced duty must have an individual designated as having responsibility for ensuring compliance. That individual must be someone concerned in the institution’s management or control.  

The Bill contains a number of detailed definitions and provisions setting out when it applies and what responsible persons are required to do. It also contains some limited exceptions to the Bill’s requirements.

When implemented, the Bill will also task the SIA with enforcing obligations. SIA powers will include the ability to impose fines of up to £18 million / 5% of worldwide turnover (whichever is greater) for breaching enhanced duty obligations. Further guidance and regulations will also be issued.

We will be monitoring the Bill’s progress through Parliament and will be providing a more detailed briefing for education institutions as the Bill takes shape.  

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