Terrorism (Protection of Premises) Bill receives Royal Assent

The Terrorism (Protection of Premises) Bill, also known as “Martyn’s Law”, received Royal Assent on Thursday 03rd April.  The act is named after Martyn Hett, who was tragically killed in the Manchester Arena attack. His mother Figen Murray has been instrumental in driving the Act forward.

The Act aims to strengthen the security of public premises and events and as such requires people and organisations responsible for certain premises and events to consider and prepare for the potential risk of a terrorist attack. Premises will need to consider their potential responses to a terrorist attack and the appropriate steps they will take to reduce vulnerability,

In order to support the application of the new regime, the Security Industry Authority (SIA) will support, advise and guide those who are responsible for the premises to ensure they are meeting the requirements of the legislation.

There are certain criteria to be met for a premises to fall under the scope of the act. Generally speaking, if a premises has capacity of less than 800 people, a standard duty of care is imposed. If the premises has a capacity of over 800 people then an enhanced duty applies.

The responsible person for qualifying premises is defined as the person who has control of the premises in connection with the relevant use. In cases of a standard duty, the responsible person is required to notify the SIA of their premises and have appropriate public protection measures in place, so far as is reasonably practicable, if an act of terrorism were to take place at the premises. It is important to note that the intention of the standard duty of care is to implement simple, low-cost measures and not to require physical measures, such as metal detectors.

In cases where the enhanced duty applies, in addition to the requirements expected for the standard duty of care, the act requires the premises to have in place (so far as is reasonably practicable) appropriate public measures that could be expected to reduce the vulnerability of the premises and the risk of physical harm being caused to individuals if an attack was to take place. For example, measures for monitoring the premises such as security cameras. The responsible person is also required to document the procedures they have taken and provide this to the SIA.  The government have said that guidance will be provided to businesses and organisations who are impacted by the new act in order to support the relevant duty holders.

Whilst the implementation of Martyn’s Law imposes heavy responsibilities, the reasoning is sound. Since March 2017, there have been 15 domestic terrorist attacks in the UK as well as 43 late-stage plots thwarted. The introduction of the legislative requirements should improve security and preparedness for businesses with high-capacity property and premises.

Martyn’s Law Factsheet – Home Office in the media & Terrorism (Protection of Premises) Bill receives Royal Assent | Practical Law