Contextual Background

The Terrorism (Protection of Premises) Bill, commonly referred to as Martyn’s Law, is designed to enhance protective security measures and improve organisational preparedness across the UK to mitigate the risks of terrorism. This legislation serves as a tribute to Martyn Hett, a victim tragically killed in the Manchester Arena attack and seeks to ensure that lessons learned from such incidents are implemented to better protect public spaces and prevent future tragedies.

Legislative Status

Martyn’s Law is currently under parliamentary scrutiny in the House of Lords. It is anticipated to receive royal assent on the 8th anniversary of the Manchester Arena attack, formalising it into law.

Overview

Purpose and Objectives of the Bill

The Bill establishes a legal framework to enhance public safety by reducing vulnerabilities to terrorist acts at certain premises and events. Its key objectives include:

1. Reducing Impact: Minimising harm during terrorist incidents.

2. Clarifying Responsibility: Establishing clear security obligations for premises within scope.

3. Improving Consistency: Ensuring standardised security practices across all locations.

4. Enhancing Support – Providing tools, training and resources to aid security implementation.

Scope and Applicability

The Bill applies to qualifying premises and qualifying events, as defined in Sections 2 and 3. It outlines security obligations for venues accessible to the public, focusing on preparedness and mitigation strategies to counter terrorism risks.

• Qualifying Premises include those used for public gatherings or activities, specified under Schedule 1 of the Bill.

• Exclusions for specific premises or events are detailed in Schedule 2.

Strategic Alignment with the Bill:

The Bill’s objectives should be reflected in venue’s approaches to security planning. The Key strategic objectives addressed include:

1. Keeping Citizens Safe – Strengthening security to minimise vulnerabilities.

2. Clarifying Responsibilities – Assigning clear roles for security management.

3. Improving Consistency – Adopting standardised security practices.

4. Enhancing Support – Leveraging training and tools to ensure resilience

Framework

Key Provisions of the Bill:

• Part 1: Defines responsibilities for qualifying premises and events, emphasising risk mitigation measures.

• Section 4: Identifies accountable persons for compliance.

• Sections 5–11: Establishes detailed requirements for security measures and preparedness.

• Sections 11–26: Outlines enforcement mechanisms, empowering the SIA to monitor and enforce compliance.

• Sections 27–33: Provides general provisions, including exemptions and interpretations.

Schedules:

• Schedule 1: Specifies premises considered qualifying under the Bill.

• Schedule 2: Lists exemptions from the requirements.

Analysis

The following sections provide a concise legal analysis pertaining to each section of the proposed bill while summarising the core obligations and principles intended under law.

Introductory

This section defines the terms qualifying premises, qualifying events and persons responsible for qualifying events, essential for determining which laws regulate specific premises and events and identifying who is responsible for compliance. They are defined as follows:

Qualifying premises: Include buildings, land or a combination of both, encompassing parts of buildings or groups of buildings. These premises must meet certain criteria under the legislation, such as their use, public access and risk profile. Premises are further categorised into Enhanced Duty Premises and Standard Duty Premises, which determine the level of security and protective measures required. Enhanced Duty Premises are high-profile or high-risk locations requiring comprehensive security measures, while Standard Duty Premises typically face lower risk and have correspondingly less stringent requirements.

Qualifying event: An event held on premises that are not classified as Enhanced Duty Premises or part of such premises. For an event to qualify, members of the public must have access, and it must be reasonable to expect 800 or more individuals will be present at the same time. Attendees must either pay for entry or possess invitations or passes. The event must not fall within the excluded events listed in Schedule 2.

Persons responsible for qualifying premises or event: The individual or entity controlling the premises in connection with its relevant use, as specified in Schedule 1. If premises have multiple uses, the principal use will determine the relevant responsible party, as defined by regulations set by the Secretary of State. For qualifying events, the responsible person is one who controls the premises during its use for the event. In cases where premises or events have multiple responsible individuals, all share accountability and may act jointly to fulfill legal obligations.

Compliance and Oversight

Sections 5 to 11 establish the compliance framework to ensure appropriate public protection procedures are in place, safeguarding of individuals in venues susceptible to terrorist threats.  These procedures, specified as “public protection procedures”, must be followed by venue personnel and amendable only by secretary of state. These sections outline additional mandatory requirements, including co-ordination and corporation, notifications, designation of senior individuals, further assessments, documentation and tribunal determinations. These measures ensure public safety and risk mitigation are maintained through consistent oversight.

Enforcement responsibilities

Sections 12 to 16 assign enforcement responsibilities to the Security Industry Authority (SIA), who is responsible for ensuring compliance, investigating breaches and overseeing enforcement actions.These sections provide specific details on the SIA’s investigative functions and enforcement procedures, including the authority to issue compliance and enforcement notices. These notices can be varied or withdrawn by the SIA, for appeal by the recipients. These regulations intend to hold entities accountable while ensuring transparency in enforcement processes.

Monetary Principles

Section 17-23 outlines the regulations governing penalties for non-compliance. These sections detailthe issuance of notices, maximum amount penalty amounts, the contents of notices and procedures and requirements for variation, withdrawal and recovery. Additionally, the provisions include an option for daily penalties, granting ongoing enforcement until compliance is met. This framework ensures penalties are consistently applied while providing mechanism for appeal and review, again ensuring transparency and compliance in the enforcement process.

General  

Sections 27 to 33 establish the core obligations necessary to enforce and protect the provisions of the bill. These sections outline the requirements to be published by the Secretary of State before Parliament, ensuring transparency and accountability. They include governance provisions under data protection legislation, which govern the disclosure of information and the authorisation for such disclosures. The sections also specify the acceptable methods for serving notices and grant the Secretary of State the authority to make further regulations related to notices, including the power to amend the Act with supporting interpretations.

Importantly, these provisions prevent any right of action in civil proceedings related to the enforcement of the bill. These measures ensure the legal validity of the bill and its enforceability in a court of law.

Part 2

This section amends the Licensing Act 2003 and the Licensing (Scotland) Act 2005, introducing provisions about including and disclosing plans in public registers. It authorises the secretary of state to set regulations on the format and content of these plans, with the power to restrict disclosure if the information could assist in terrorism-related activities.

Part 3

This ‘General’ section establishes the logistical aspects of the bill, detailing the legal and obligationsnecessary for administrative compliance. Specifically, this section grants the power to make regulations under any provision of the Act, allowing for consequential, supplementary, incidental, transitional or saving provisions and permits different provisions for different purposes or areas and outlines section which require approval or accept annulled by Houses of Parliament. Additionally, it specifies that parts of the acts will come into force on the day the act is passed.

Schedules

Schedule 1: Specified use of Premises

Identifies the types of premises subject to regulation under the Bill. These include shops, food and drink establishments, nightclubs, entertainment venues, sports grounds, recreational facilities, libraries, museums, galleries, halls, visitor attractions, hotels and places of worship. It categorises premises based on their primary use and public accessibility, determining whether they qualify as standard or enhanced duty premises

Schedule 2: Excluded Premises and events

Specifies premises and events that are exempt from the Bill’s requirements. Examples may include certain small-scale venues, private events or locations with limited public access. The exclusions ensure that regulatory focus is placed on high-risk or high-capacity premises.

Schedule 3: Investigation powers

Outlines the powers granted to enforcement authorities, such as the Security Industry Authority, to investigate compliance. These powers include inspecting premises, accessing documents and issuing notices for non-compliance. The aim is to ensure that premises meet the public protection requirements stipulated by the Bill.

Schedule 4: Licensing: disclosure of plans of premises

Addresses the regulation of licensing practices to protect sensitive information. It limits the disclosure of plans for licensed premises to prevent their misuse in planning terrorist activities. It also allows the Secretary of State to regulate the form, content and access to such plans to enhance security.

‍