This factsheet was updated in September 2024.
The Terrorism (Protection of Premises) Bill, also known as Martyn’s Law, was included in The King’s Speech on 17 July as part of the programme of legislation the Government intends to pursue in this Parliamentary session. The Bill was introduced to Parliament on 12 September 2024 and is currently undergoing Parliamentary scrutiny.
This Bill will deliver the Government’s manifesto commitment to ‘bring in Martyn’s Law to strengthen the security of public events and venues’.
The Government would like to pay tribute to Figen Murray, mother of Martyn Hett, who was killed in the Manchester Arena attack. Her campaigning has been crucial in driving this Bill forward.
Please refer to our wider factsheets and Bill documentation which can be found on GOV.UK.
Why do we need Martyn’s Law?
- Since 2017, Counter Terrorism Policing assesses that there have been 15 domestic terror attacks in the UK (not including Northern Ireland-related terrorism), and agencies and law enforcement have disrupted 39 late-stage plots.
- The threat picture is complex, evolving and enduring, with terrorists choosing to attack a broad range of locations. It is therefore right that the Bill requires a range of premises to be better prepared and ready to respond in the event of a terrorist attack.
- The Bill is intended to improve protective security and organisational preparedness across the UK. The Bill requires those responsible for premises and events to take steps to mitigate the impact of a terrorist attack and reduce harm in the event of a terrorist attack occurring.
- We are aware through independent research and engagement with businesses that, without legal requirements, counter-terrorism security efforts often fall behind legally required activities, such as health and safety.
- Our expert security partners assess that individuals are more likely to take action that can reduce harm and save lives, if they have considered what they would do, and how, prior to a terrorist attack occurring.
- Seven in ten respondents to the Protect Duty consultationagreed that those responsible for publicly accessible locations should take appropriate and proportionate measures to protect the public from attacks.
What will Martyn’s Law do?
- The Bill is intended to ensure public premises and events are better prepared for terrorist attacks and ready to respond. It will require them to take reasonably practicable actions, which vary accordingly, to mitigate the impact of a terrorist attack and reduce physical harm. In addition to this, certain larger premises and events must also take steps to reduce the vulnerability of the premises to terrorist attacks.
- This will be done by mandating, for the first time, who is responsible for considering the risk from terrorism and how they would respond to a terrorist attack at certain premises and events.
- Dedicated guidance and support will be provided for duty holders to ensure that those in scope have the required information on what to do and how best to do it. The guidance will be easy to follow, needing no particular expertise.
- To support enforcement of the regime, a regulator will be established which will support, advise and guide those responsible for premises and events in meeting the requirements of this legislation.
How will it work?
- The Bill establishes a tiered approach, linked to the activity that takes place at premises or an event and the number of individuals it is reasonable to expect may be present on the premises at the same time.
Who will be in scope?
Premises that satisfy the following three criteria fall within scope of the Bill:
- Premises as defined in the Terrorism (Protection of Premises) Bill (a ‘premises’ is defined in the Bill as being a building (a building includes part of a building or a group of buildings); or
- a building and other land.))
- Wholly or mainly used for one of more qualifying activity
- Meet the thresholds for individuals present at a premises
Events that satisfy the following four criteria fall within scope of the Bill:
- The event must take place in a premises as defined in clause 3 of the Terrorism (Protection of Premises) Bill
- Host at least 800 attendees at the same time
- Meet the ‘express permission’ criteria.
- Be accessible to members of the public.
Who is the responsible person?
- The responsible person must ensure the requirements of the Bill are met for a qualifying premises or event. Whilst this person may be an individual, in many cases it is anticipated to be an organisation.
- The identity of the responsible person will differ depending on whether they are responsible for a premises or an event. For a premises, the responsible person is the person who has control of the premises in connection with its Schedule 1 use/s.
- For an event, the responsible person is the person who has control of the premises at which the event is taking place in connection with their use for that event.
What are the requirements for standard duty premises?
- Persons responsible for a standard duty premises, i.e. qualifying premises where it is reasonable to expect that between 200 and 799 individuals may be present at the same time, will be required to:
- notify the regulator of their premises; and
- put in place appropriate and reasonably practicable public protection procedures (as set out in Clause 5 of the Bill).
- These procedures are to be followed by people working at the premises if an act of terrorism was to occur at the premises or in the immediate vicinity, which may be expected to reduce the risk of physical harm being caused to individuals. This includes ensuring there are procedures in place to provide information to individuals on the premises and to evacuate, invacuate or lockdown the premises.
- The requirements for standard duty premises are focused on simple activities surrounding policies and procedures, which are to be followed by staff in the event of terrorist attack or suspected terrorist attack occurring. The aim of these requirements is to improve staff preparedness and responses. There is no requirement to put in place physical measures in this tier. Furthermore, the reasonably practicable element will enable standard duty premises to tailor their approach to the resources they have available.
What are the requirements for enhanced duty premises and qualifying events?
- Enhanced duty premises and qualifying events are premises or events where it is reasonable to expect that 800 or more individuals may be present on the premises or attend the event at the same time. In addition to the same procedures as standard duty premises, persons responsible for enhanced duty premises and qualifying events will be required to:
- notify the regulator of their premises/event;
- put in place appropriate and reasonably practicable public protection measures that could be expected to reduce both (i) the vulnerability of the premises or event to an act of terrorism occurring at the location, and (ii) the risk of physical harm being caused to individuals if an attack was to occur there or nearby. For example, an enhanced duty premises will be required, insofar as reasonably practicable, to implement measures relating to the monitoring of the premises and their immediate vicinity;
- document the public protection procedures and measures in place, or proposed to put in place, and provide this document to the regulator. This document should include an assessment as to how those procedures and measures may be expected to reduce, so far as is reasonably practicable, vulnerability and risk of harm.
- Where the responsible person for an enhanced duty premises or qualifying event is not an individual, they must appoint an individual as a designated senior individual with responsibility for ensuring that the relevant requirements are met.
Why are only large events captured?
- We want to strike the right balance between proportionality for different premises and events against ensuring appropriate security has been considered and taken forward.
Who is responsible for requirements at a premises or event in scope?
- The responsible person must ensure the requirements of the Bill are met for a qualifying premises or events. Whilst this person may be an individual, in many cases it is anticipated to be an organisation.
- The identity of the responsible person will differ depending on whether they are responsible for a premises or an event. For a premises, the responsible person is the person who has control of the premises in connection with its Schedule 1 use/s.
- For an event, the responsible person is the person who has control of the premises at which the event is taking place in connection with the use of those premises for the event.
How will Martyn’s Law be enforced?
- To support enforcement of the regime, a regulator will be established which will seek to support, advise and guide those responsible for premises and events in meeting the requirements of this legislation.
- It is the Government’s intention that the regulator function of Martyn’s Law will be delivered as a new function of the Security Industry Authority (SIA).
- With its years of experience in increasing security standards around public safety, we believe that this is an exciting opportunity to strengthen the Security Industry Authority's work to create a body that improves public safety around people and places across the UK.
- There will be a period of time prior to the implementation of the legislation following Royal Assent. We expect this period to be at least 24 months to allow for the set-up of the regulator and to ensure sufficient time for those responsible for premises and events in scope to understand their new obligations, and to plan and prepare.
How will you ensure this doesn’t create undue burden on businesses?
- The legislation is designed with proportionality in mind. It is reasonable that, in many locations, they should take appropriate, reasonably practicable actions to protect staff and the public from the horrific impacts and effects of terrorism.
- The provisions in the Bill have been developed following engagement with the Martyn’s Law campaign team, expert security partners, businesses and local authorities, including two public consultations and pre-legislative scrutiny of the draft Bill by the Home Affairs Select Committee.
- For smaller venues, the legislation focuses on having appropriate procedures in place in the event of an attack. There will be no expectation to buy costly measures.
- For enhanced tier premises and events requirements are based on reasonably practicable public protection procedures and measures.
Is there support for this legislation?
- The provisions in the Bill have been developed following engagement with the Martyn’s Law campaign team, expert security partners, businesses and local authorities, including two public consultations and pre-legislative scrutiny of the draft Bill.
- The Police recognise the importance of Martyn’s Law in helping organisations to mitigate the impact of a terrorist attack and reduce physical harm. Head of Counter Terrorism Policing, Matt Jukes, said: “I welcome the opportunity that this Bill brings to drive greater consistency in the partnership that we already enjoy with businesses and communities.... we know that the contribution of the public to countering the terror threat is real—it is present in our communities every single day, and it is present in the best-performing businesses in this space.... There is an opportunity presented by the framework created by this Bill for people to take simple low or no-cost steps that will save lives”.
- Seven in ten respondents to the Protect Duty consultation agreed that those responsible for publicly accessible locations should take appropriate and proportionate measures to protect the public from attacks.
- Learning from previous inquests and inquiries, such as the Manchester Arena Inquiry, demonstrated the need for clarity on the duties for venue owners regarding protective security, and recommended the introduction of legislation to improve the safety and security of public venues.
- Our engagement on the proposals, how they impact those in scope and how we can work together to improve public security continues with a wide range of stakeholders.
How will my business or organisation be supported on Martyn’s Law?
- Dedicated guidance and support will be provided for duty holders to ensure that those in scope have the required information on what to do and how best to do it. The guidance will be easy to follow, needing no particular expertise.
- The Bill is not yet law and its provisions are subject to change during the Parliamentary stages. Neither the Home Office nor the National Counter Terrorism Security Office endorse any third-party products or providers. We continue to encourage referral to the ProtectUK platform for all guidance and updates on the Bill.
Will Martyn’s Law apply to all of the UK?
- The legislation will apply across England, Wales, Scotland and Northern Ireland, as national security is a reserved matter for the UK Government.