‘Martyn’s Law’ (The Terrorism (Protection of Premises) Bill) has been published along with Explanatory Notes, an Impact Assessment and a letter from Tom Tugendhat, Security Minister, to Dame Diana Johnson, Chair of the Home Affairs Select Committee about the Bill.

‘Martyn’s Law’ will place a requirement on those responsible for certain venues to consider the threat from terrorism and implement appropriate and proportionate mitigation measures.

The legislation will ensure that people are prepared, ready to respond and know what to do in the event of an attack.

Better protection will be delivered through enhanced security systems, staff training, and clearer processes.

The legislation is part of the government’s response to the Manchester Arena Inquiry Volume 1 which recommended the introduction of legislation to improve the safety and security of public venues.

The Protect Duty was the subject of consultation in 2021.

Qualifying premises

Premises which undertake qualifying activities will be subject to the requirements of the Bill – the Bill defines these qualifying premises and includes activities such as entertainment, leisure, and retail.

Qualifying premises are separated into two tiers, with particular requirements applying to premises in each tier. Standard duty premises are premises with a capacity of 100 to 799, whereas enhanced duty premises have a capacity of 800 or over.

The Bill allows for provision to be made for some qualifying premises to be treated as standard duty premises when they would otherwise be enhanced duty premises, and vice versa.

Standard duty premises requirements

Persons responsible for standard duty premises will be required to undertake low-cost and effective activities which seek to improve protective security and preparedness. This includes:

• ensuring that relevant workers are given appropriate terrorism protection training; and
• undertaking a standard terrorism evaluation in which they consider how best their premises can respond in the event of a terrorist event.

Enhanced duty premises and qualifying events requirements

Persons responsible for enhanced duty premises and qualifying events will be required to ensure that:

• an enhanced terrorism risk assessment is completed (enhanced duty premises must ensure the terrorism risk assessment is reviewed);
• terrorism protection training is provided to relevant workers;
• reasonably practicable security measures are put in place;
• a security plan is kept and maintained; and
• that an individual is appointed as the designated senior officer for the premises (who will be responsible for coordinating completion of the terrorism risk assessment, for example)

Qualifying events

Temporary events with a capacity of 800 or over will broadly be subject to the same requirements as enhanced duty premises – the Bill defines these as qualifying events.