The Terrorism (Protection of Premises) Bill – Martyn’s Law

Overview of Martyn’s Law

Following the tragic Manchester Arena attacks in 2017, the UK Government introduced the Terrorism (Protection of Premises) Bill, commonly referred to as ‘Martyn’s Law’, named in memory of one of the victims. Although the bill faced delays under Rishi Sunak’s administration, it was reintroduced by Keir Starmer’s government in September 2024, building on previous legislative efforts.

Why do we need Martyn’s Law?

Since 2017 there have been 15 domestic terror attacks in the UK and agencies and law enforcement have disrupted 43 late-stage plots[1]. The threat picture is complex, covering a broad range of locations and Martyn’s Law aims to ensure that premises are better prepared and ready to respond in the event of a terrorist attack.

It mandates that those responsible for certain premises must take reasonably practicable actions to mitigate the risk of physical harm from potential terrorist attacks. Additionally, the bill imposes obligations on larger venues and events to reduce their vulnerability to such threats.

Will this apply to my business?

The bill introduces a tiered system based on the type of activity and expected attendance at a venue, underscoring the necessity for tailored security measures:

• The Standard Tier: Premises with a capacity of 200–799 individuals, e.g. many retail stores, village halls, bars, restaurants and theatres
• The Enhanced Tier: With a capacity of > 800 or more individuals or certain events with equivalent capacity, e.g. large shopping centres, concert halls and sports stadia

It is estimated that 278,880 premises fall into the Standard Tier: 65% of this is made up of retail and hospitality premises. Details of the requirements for these premises can be found here.

Current status and key changes

The bill was reintroduced to Parliament in September 2024 and is currently awaiting the Report Stage in the House of Commons, having recently completed the Committee Stage, where MPs examined its provisions.

Key amendments proposed in the bill include:

• Civil Sanctions: a regime of fines up to £10,000 for Standard-Tier premises and as high as £18 million or 5% of worldwide revenue for Enhanced-Tier premises. The proposed regulator, the Security Industry Authority (SIA), will consider the financial capabilities of those fined.
• Capacity Thresholds: The approach has shifted from a strict capacity-based model to one based on reasonable expectations of attendance. Venues not anticipating large crowds will not fall under the Standard Tier, with the threshold raised from 100 to 200 attendees after consultation.
• Implementation Timeline: Following Royal Assent, a minimum 24-month implementation period is expected.

What can you do now to prepare?

Many within the retail, leisure and hospitality sectors already have systems in place regarding terrorism risks; however, with a new duty afoot, now is the time to make sure that those systems fit the bill.

Our top tips to help ensure you are ready for the implementation of Martyn’s Law are:

1. Consider if your business is likely to be captured by the bill;
2. Review the guidance and information provided by government to consider terrorist threats to your business;
3. Understand the National Counter Terrorism Security Office (NaCTSO) and CPNI materials already available which provide a baseline for education, training and mitigation advice before the law is implemented;
4. Assess whether risk assessments, policies and procedures already in place are in line with what is being proposed;
5. Implement/update risk assessments, policies and procedures where required;
6. Review and refresh training where gaps are identified; and
7. Have in place a clear plan on how to deal with a terrorist attack.

Next Steps in the Legislative Process

The bill will progress through the following stages:

1. House of Commons Report Stage – awaited December/January
2. House of Commons Third Reading – December/January
3. House of Lords Consideration – February/March
4. House of Lords Committee Stage – March/April
5. Potential Ping-pong – April/May
6. Royal Assent – Late April/May

Conclusion

As we await the implementation of the bill, it is crucial that we use the time to navigate the implications of Martyn’s Law –

• preparing for the new obligations
• ensuring compliance to mitigate potential security risks
• minimising the actions required to comply once the law commences
• shielding from potential civil sanctions

We will keep clients updated as the bill progresses and provide insights on how best to adapt to the evolving landscape of security obligations under Martyn’s Law.

For more information please contact:

Hayley Riach – Partner & Technical Director

Natalie Larnder – Head of Market Affairs

[1] Martyn’s Law Factsheet – Home Office in the media