Do you have duties under Martyn’s Law?

The draft Terrorism (Protection of Premises) Bill (also known as Martyn’s Law) has been published by the Home Affairs Select Committee for pre-legislative scrutiny.

What will the law require?

The law is intended to improve public safety and ensure responsible persons are prepared, ready to respond and know what to do in the event of a terror attack. It will compel those responsible for premises in scope to consider the threat from terrorism and implement appropriate and proportionate mitigation measures.

What is the scope of the Bill?

The law will apply to premises accessible to the public, which are used primarily for a purpose listed in the Bill, e.g. for entertainment and leisure, retail, museums, sports grounds, places of worship, and education establishments, and have a public capacity greater than 100 individuals.

The Bill also includes events with a public capacity of 800 or more individuals and where attendance to the event is by express permission (e.g. ticketed entry).

Qualifying premises/events will fall into two tiers:

• Standard duty: Responsible persons must undertake straightforward activities to improve protective security and preparedness. This will apply to qualifying premises with a maximum capacity of 100-799 individuals.
• Enhanced duty: Additional requirements will be placed on high-capacity venues based on the potential for catastrophic consequences of a successful attack. This will apply to premises and events with a capacity of 800+ individuals.

Both standard and enhanced duty holders will need to provide terrorism protection training to workers. The training is expected to cover the following:

• Types of acts of terrorism most likely to occur at or in the immediate vicinity of the premises or event (if acts of terrorism were to occur).
• Indications that an act of terrorism may occur at, or in the immediate vicinity of, the premises or event.
• Procedures to be followed if acts of terrorism were to occur at, or in the immediate vicinity of, the premises or event.

Standard duty premises

Responsibilities of the responsible person are expected to require the completion and regular review of a standard terrorism evaluation and making the evaluation available to individuals who use the premises as a place of work and the Regulator when requested.

Enhanced duty premises

The responsible person is expected to:

• Appoint a Designated Senior Officer (who must be a Director, Manager, Secretary or other similar officer).
• Complete and regularly review a terrorism risk assessment.
• Prepare and maintain a security plan containing ‘prescribed information’ about the venue or events, the control measures in place and training delivered.
• Implement reasonably practicable security measures relating to monitoring the premises or event, the individuals attending and leaving it, the procedures to follow should a terror attack occur, and the security of sensitive information.

The risk assessment and security plan are expected to meet a ‘reasonably practicable’ standard, the same used within health, safety and fire safety legislation.

Who is the responsible person?

The person (individual or organisation) who has control of the premises or event; this is usually the premises occupier or event operator. The Bill also establishes a requirement for cooperation between everyone with a degree of control of a premises or event, e.g., the owner of a premises where another party operates an event.

How will the law be enforced?

The Bill creates an inspection capability by a Regulator, which is intended to check compliance with the law and to educate and advise. It is not yet clear who the Regulator will be.

Premises in scope will be required to register with the Regulator. It is that register that is expected to inform inspection activity.

Consequences of non-compliance are primarily based on financial penalties, including:

• Fixed penalties up to £10,000 for standard duty premises but rising to £18m or 5% of global revenue for enhanced duty premises and qualifying events.
• Daily penalties for each day on which a contravention continues beyond the period set for payment of the fixed penalty.

The Regulator will also be able to serve restriction and contravention notices, similar to notices which can be issued under health and safety law, e.g., Improvement and Prohibition Notices. The Bill allows for criminal offences for failing to comply with a restriction and contravention notice for enhanced duty premises and qualifying public events.

The Bill includes individual liability for senior individuals (Directors and Managers etc.) where their organisation commits an offence and does so with their consent, connivance or neglect. A conviction for the most serious offences allows for a maximum sentence of two years imprisonment.

Will the law apply to all of the UK?

Yes. The law will apply across England, Wales, Scotland and Northern Ireland.

Where can I get more information?

• You can read the Bill and accompanying guidance
• ProtectUK provides trusted guidance, advice, and learning.

It is expected that premises and tier-specific guidance and support will be made available as the Bill becomes law.