Terrorism (Protection of Premises) Bill: Regulation, sanctions and enforcement factsheet
Published 12 September 2024
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This factsheet explains the role of the Security Industry Authority (SIA) in delivering the bill’s regulator function and the sanctions toolkit available to address non-compliance in the Terrorism (Protection of Premises) Bill.
The regulator (the Security Industry Authority)
The role of the regulator will be to provide advice on complying with the requirements in the bill, supporting those responsible for qualifying premises and events to meet their obligations and determine what reasonably practicable procedures and measures should be put in place.
However, it will be important that the SIA has the necessary tools to address instances of persistent or serious non-compliance. The SIA will have powers to issue a range of civil sanctions and the regime is underpinned by relevant criminal offences.
Inspection and information gathering powers
Powers to access premises and events to conduct inspections
An inspector may enter premises after giving 72 hours’ notice to inspect and observe activities. Where access is required with fewer than 72 hours’ notice, access is denied, or giving notice would defeat the object of entry, the inspector may apply for a warrant to gain access to the premises.
During an inspection, the inspector will be able to view documents and equipment and require any person on the premises to assist with the inspection (e.g. providing an explanation of the documents). They will be able to remove items, documents or equipment as evidence or for the purpose of further investigation where copies are unavailable.
An inspector may also be accompanied on their inspection by other individuals to assist with the inspection (e.g. a technical expert to advise on specific security measures).
Powers to gather information
An inspector will be able to issue a notice to require information to be provided for the purpose of assessing compliance. This can include the provision of information, i.e. providing documents relating to security at the location, or arranging an interview with a relevant person, such as people working at the premises. For example, they may ask questions of the head of security in relation to specific aspects of their measures.
Sanctions
Where there are instances of non-compliance, the SIA will be able to issue a range of civil sanctions including compliance notices, monetary penalties and restriction notices. The bill also includes some criminal offences. How and when these powers will be used by the SIA will be published in guidance.
| Civil sanctions | |
|---|---|
| Compliance notices | These will require non-compliance to be remedied within a specified timeframe and could require specific actions to be undertaken. |
| Restriction notices | These can only be issued in relation to enhanced duty premises and qualifying events. They could require the temporary closure of premises, prohibit an event from taking place; or impose certain restrictions on the premises or event (e.g. limit the number of people who may attend at any one time) until suitable measures are in place. They will only be used in exceptional circumstances, where the restrictions are necessary to ensure public safety by protecting people from physical harm. |
| Penalty notices | The SIA will be able to issue variable monetary penalties up to a maximum of £10,000 for standard duty premises and £18m or 5% of worldwide revenue for enhanced duty premises or qualifying events. These will generally only be issued after a compliance notice or restriction notice has not been complied with. Where a compliance or restriction notice has been issued, the SIA will also be able to issue daily penalties (up to £500 per day for standard duty premises and £50,000 per day for enhanced duty premises or qualifying events) where non-compliance continues after the date the original penalty is payable. When determining the amount of a penalty, the SIA will take into account the effects of non-compliance, mitigating action taken to remedy it or its effects, and the person’s ability to pay. How the SIA will exercise these functions will be set out in guidance. |
The SIA will be required to notify the affected party before they issue any of the above notices and give them an opportunity to make representations (unless there is an urgent need to issue a restriction notice).
Where a notice is issued by the SIA, there is a right of appeal to the Tribunal.
Criminal offences
It will be an offence to fail to comply with an information notice, provide false or misleading information, obstruct the SIA or impersonate an inspector.
Where a compliance or restriction notice is issued in relation to enhanced duty premises or a qualifying event, it will be an offence to fail to comply with the notice. Penalty notices may be issued to address such non-compliance but not where the person has already been convicted of an offence.
Guidance
The SIA will issue guidance about how it will exercise its enforcement powers. This guidance will be approved by the Home Secretary.