Policy paper

Terrorism (Protection of Premises) Bill: Overarching factsheet

Updated 1 November 2024

Why are we legislating?

Since the start of 2017, agencies and law enforcement have disrupted 39 late-stage plots and there have been 15 domestic terror attacks. These terrorist attacks have sadly demonstrated that the public may be targeted at a broad range of public venues and spaces.

The Manchester Arena Inquiry and London Bridge Inquest called for the introduction of legislation and guidance to protect the public. The Terrorism (Protection of Premises) Bill will form part of the government’s wider counter-terrorism strategy, CONTEST.

The threat level from terrorism in the UK is currently SUBSTANTIAL, meaning an attack is likely. The 2023 CONTEST strategy summarised the current threat facing the UK as ‘enduring and evolving’, with a domestic threat which ‘is less predictable and harder to detect and investigate’. Terrorist attackers have targeted a wide range of people and places in recent years. It is not always possible to predict where in the UK an attack might happen, or the type of premises or events that could be impacted – either directly (as the target of an attack) or indirectly (by being located near to the target of an attack). To ensure better preparedness and raise the public safety bar, a broad range of premises and events need to be ready to act to reduce harm.

Through engagement with businesses, we are aware that without legal compulsion, counter-terrorism protective security and preparedness often falls 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. Given the complexity and unpredictability of the terrorist threat, the government thinks that it is right that we now bolster the UK’s preparedness for and protection from terrorist attacks and have sought the most balanced approaches to address this.

What are we going to do?

The Terrorism (Protection of Premises) Bill, known as Martyn’s Law, will improve protective security and organisational preparedness across the UK by requiring, for the first time, that those responsible for certain premises and events consider the terrorist risk and how they would respond to an attack. In addition to this, certain larger premises and events must also take steps to reduce the vulnerability of the premises to terrorist attacks.  Through the bill, qualifying premises and events should be better prepared and protected, ready to respond in the event of a terrorist attack. 

How will the bill achieve this?

Improve preparedness and protection

The bill has been designed to bolster the UK’s preparedness for, and protection from, terrorism. Those responsible for certain premises or events will be required to implement reasonably practicable public protection procedures and/or measures, depending on the capacity of the premise. Premises that are reasonably expected to have 200-799 individuals on the premises at the same time will fall within the standard tier and where it is reasonably expected to have 800 individuals or more will fall in the enhanced tier. Events that are reasonably expected to have 800 or more individuals in attendance at the same time, at some point during the duration of the event, will also be captured under the bill and subject to the same enhanced tier requirements. The requirements of the bill will ensure qualifying premises and events are better prepared to respond to, and mitigate the impact of, a terrorist attack. 

Ensure consistency of approach and clarity of responsibility

As a result of this legislation, those responsible for certain premises and events will be legally obliged to consider the risk of a terrorist attack to their premises or event and take proportionate steps to safeguard the public. The government is aware that, whilst some premises and events already proactively consider the risk posed by acts of terrorism, there is no consistency across the UK. This bill seeks to address such inconsistency, making it clear who is responsible at qualifying premises and events. The intended outcome of this will be to raise security standards across qualifying premises and events within the UK.

Striking the right balance

The government considers it is reasonable to expect those responsible for certain premises and events to take appropriate measures to protect their workers and the public.  However, such activity should be proportionate.     

To achieve this, 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. The requirements vary accordingly, acknowledging that larger venues and events may be impacted to a greater extent by an attack and should be expected to do more.

For smaller premises (200-799) within the standard tier they are required to put in place simple procedures to reduce the risk of physical harm to individuals who may be present.  Those responsible for larger premises and events (800+) in the enhanced tier are required to do more in recognition of the potentially higher impact of a successful attack.

For all premises, the requirements in the bill are subject to the concept of ‘reasonably practicable’.  Those responsible for many premises and events will be familiar with this exercise of judgement through their duties under health and safety legislation. Reasonably practicable will allow those responsible for premises and events to take into account the nature of their activities, operating environment, and available resources when fulfilling their obligations under the legislation, ensuring a proportionate and premises specific approach. 

Guidance, advice, and inspection

The bill will establish a regulator to oversee compliance, through a new function of the Security Industry Authority (SIA). The core principle of the regulator’s activity will be to support, advise and guide businesses to implement the legislation’s requirements. The regulator will only use its toolkit of powers and sanctions to address serious and persistent cases of non-compliance. This will include the power to fine those who fail to fulfil the requirements and shut down premises and events in the enhanced tier in the most serious cases of non-compliance.