Martyn's Law will apply to many different types of premises including (but not limited to) shopping centres, universities, retail units, hotels and buildings used for the provision of health care and education.
Broadly it will require those with control over premises to assess whether they fall within scope and if so take appropriate steps which will vary depending on the types of premises, the use to which they are put and how many individuals can be accommodated.
These obligations will be enforced by the Security Industry Authority (SIA). The risks for non-compliance will be a mix of civil sanctions (compliance notices, monetary penalties and restriction notices) together with criminal offences.
The bill will be considered by Parliament on 14 October. Further parliamentary scrutiny and publication of anticipated guidance will shape how the property sector prepares for implementation.
Background
The Terrorism (Protection of Premises) Bill was introduced to Parliament on the 12 September 2024.
Its purpose is to improve steps taken in relation to security and preparation in the event of a terrorist attack for certain premises and events across the UK. By legislating the government hopes to mitigate and reduce the risk of harm through terrorist attacks.
Once the bill becomes law it will impact those in the property sector who are responsible for premises within scope.
Currently premises will be in scope if they meet the definition of "qualifying premises" in the bill because they are:
- buildings (whole or part) or a combination of buildings and other land
- used for certain activities
- meet certain attendance thresholds
- and are not otherwise excluded
There are different qualifying criteria for events.
Key issues will need consideration by property owners and managers. These include:
- The extent to which any buildings fall within the definition of "qualifying premises"
- The identity of the responsible person or designated senior individual (DSI)
- The methodology used to calculate attendance (and whether fluctuation in attendance/footfall requires consideration)
- The extent to which cooperation and/or coordination obligations in the bill are engaged
- Accommodating the access powers of the Security Industry Authority (SIA)
- Steps that will need to be undertaken by a responsible person or DSI
Factsheets
In addition to the bill the Home Office has published eight factsheets that consider different aspects of compliance and enforcement. These are essential reading for those responsible for compliance and cover (among other things): premises and events, the responsible person, methodology for calculating attendance, enforcement and the steps required for compliance in relation to enhanced and standard tier premises.
The factsheets can be found here.
Premises, premises within premises, groups of buildings and exclusions
Premises in scope include buildings, parts of buildings or groups of buildings, or buildings and other land. For example, "premises" in the context of a hotel might include the hotel building and any land owned by it that is used for dining or events.
The position is more complex for premises within premises (for example shopping centres) and for groups of buildings.
In relation to shopping centres the relevant factsheet says:
"If shops within shopping centres (and similar examples of smaller units within buildings) meet the scope criteria of the bill, they themselves will be a qualifying premises in addition to the shopping centre (or other larger building). Which tier they fall into will depend on how many individuals are present on the premises at the same time." (“Terrorism (Protection of Premises) Bill: Scope (Premises)”)
In relation to groups of buildings the following example given is:
"[A] university campus or a hospital complex. Factors which define a group of buildings are that they are in close geographical proximity, and the responsible person is the same for the buildings in the group (or the majority of those buildings…"
Different accommodation criteria applies to some premises, for example, places of worship and buildings used for childcare or primary, secondary, or further education.
Other premises are excluded from the bill altogether, if in some cases, they meet relevant requirements. These include Parliaments, parks, gardens, recreation grounds, sports grounds and other open-air premises used for recreation and exercise and transport security premises.
The bill does not apply to private dwellings or offices.
Use
For premises to be in scope they must be used for one of the uses identified in the bill. The list of uses in the bill is wide. It includes retail, food and drink, nightclubs and entertainment (where used principally by visiting members of the public).
It also covers uses such as recreation, exercise, leisure, libraries, museums and galleries, halls (e.g. conference exhibition), visitor attractions, hotels, places of worship, health and bus stations, railway stations and aerodromes.
There is provision for childcare and education providers (primary, secondary, further, higher) and public authorities.
How each uses is expressed in the bill varies and will need to be considered carefully when assessing compliance.
Where premises are put to more than one use it is the principal use that is relevant in assessing compliance.
Responsible person
Responsible persons are persons that (1) have control of the premises where particular uses falls within scope or (2) in the case of events those who control premises where the event is taking place.
It is possible for there to be multiple responsible persons.
For example, in the context of a retail lease (and assuming the other qualifying criteria are met) the tenant will be the responsible person, provided the lease confers on the tenant sufficient control of the property.
The Explanatory Notes to the bill also suggest a company that holds the lease for, and operates, a shopping centre might be the responsible person.
The responsible person is responsible for ensuring the relevant legal obligations are met.
For enhanced duty premises where the responsible persons are not individuals (for example a companies or partnerships) a DSI must be appointed. This must be an individual that has significant responsibility within the responsible person (for example a director or partner). A DSI cannot delegate its overall responsibility and must ensure the responsible person complies with its legal obligations and is engaged in decision making.
Attendance
To determine whether the obligations apply an assessment of a reasonable figure for the number of individuals who can be expected to attend premises or events is needed. The government has moved away from the concept of "capacity" as it was considered too inflexible.
Any reasonable method of assessing attendance can be used but the relevant factsheet makes some suggestions including: safe occupancy for fire safety purposes, historic attendance data, fixed seating and/or standing, tickets and pre-registration data, restrictions on capacity, or other means provided it can be justified.
The bill recognises there may be fluctuations in attendance but where the relevant number of individuals are in attendance from "time to time" (e.g. certain times of the year) it will be enough to bring premises within scope (conversely, not if it is a single unanticipated occurrence).
The threshold for standard tier premises is 200-799 individuals, and for enhanced tier premises it is 800 or more individuals.
Coordination
Where there are multiple responsible persons in relation to premises they will be required to coordinate to the extent required to meet their cumulative obligations.
The relevant factsheet gives the example of a department store within a shopping centre: "The department store and the shopping centre must, as far as reasonably practicable, co-ordinate to ensure that they are individually, and cumulatively, compliant." (“Terrorism (Protection of Premises) Bill: Responsible person factsheet”)
Cooperation
Where entities have "to any extent" control of enhanced duty premises or premises where qualifying events are taking place, but are not responsible persons, co-operation requirements will apply. The relevant factsheet gives two examples of issues arising with leasehold premises:
"Where the responsible person has identified that, in order to meet their legal obligations under the bill, changes are required to the structure of the building. Their lease agreement requires that they seek permission from the freeholder for any alterations. The freeholder is obliged to consider such requests to a reasonably practicable level. (“Terrorism (Protection of Premises) Bill: Responsible person factsheet”)
Where the responsible person has identified the need to implement certain mitigations to meet their legal obligations under the bill and one of the measures requires freeholder permission. Their lease also states that they (the freeholder) should contribute a certain percentage of costs to ensure premises remain fit for purpose. The freeholder is obliged to consider such requests to a reasonably practicable level." (“Terrorism (Protection of Premises) Bill: Responsible person factsheet”)
The explanatory notes consider this from the perspective of a shopping centre operator:
"the person responsible for a store within a shopping centre must comply with the operator of the shopping centre as necessary for the operator to fulfil their duties under the Bill."
Standard and enhanced duty requirements
Depending on the extent of attendance, responsible persons will need to comply with either requirements for standard duty premises or enhanced duty premises. The duties include (but are not limited to) notification to SIA, public protection procedures and documenting compliance depending in which tier premises fall.
The regulator
The regulator will be the SIA.
The SIA has power to enter premises on giving 72 hours' notice. If access is required more quickly it can apply for a warrant. It will have a wide range of powers and will be able to impose civil sanctions.
There are criminal offences for non-compliance.
Guidance
The factsheets suggest that detailed guidance, including cases studies, will be available before the bill is made law.
DACB further reading
A detailed review of the bill can be found here.
More information on the background to the bill and its passage through Parliament see our articles on the King's Speech and our other article on the Consultation on the Terrorism Bill.
