New security legislation comes into force: What you need to know

After a string of serious terrorist incidents in recent decades, subsequent inquests, inquiries, and a long period of campaigning, the Terrorism (Protection of Premises) Act finally became law, earlier this year.

The previous government was not able to get the law passed before 2024’s snap election, despite broad cross-party support. However, the current government kept its manifesto pledge to complete passage of the legislation, which became law across England, Wales, Scotland and Northern Ireland, in April.

Commonly referred to as “Martyn’s Law” after Martyn Hett, one of the 22 people killed in the terror attack on Manchester Arena, the legislation is the product of tireless campaigning by Martyn’s mother, Figen Murray.

The Act aims to improve security and preparedness across the country by requiring those running larger premises and events to consider how they would respond in the event of a terrorist attack. The largest premises and events will also have to consider appropriate steps to reduce their vulnerability to attacks.

Threshold for standard duty raised

While Martyn’s Law still creates a ‘standard duty’ for any premises holding qualifying activities, the capacity threshold has been increased to 200 people. The premises could be a leisure or entertainment outlet, a shop, restaurant, bar or club, sports venue, visitor attraction or even a place of worship, health or education.

The new, higher threshold takes many venues, including a lot of pubs and churches, out of scope of the legislation. There will also now be a two-year grace period before enforcement begins, to give premises time to adapt and allow for a new regulator to be established under the Security Industry Authority (SIA), which will advise and support those running events and venues .

Enhanced duty for larger premises

The threshold for the ‘enhanced duty’ on larger events and premises will still apply to those venues and events that, even occasionally, could have 800 or more people present, including staff.

The requirements on premises that qualify for the enhanced duty are more significant, like having in place appropriate security and public protection measures to reduce both vulnerability to terrorist attack and the risk of physical harm if an attack was to occur at or near to the venue.

Next steps for businesses

For most businesses, all that is required is for the management to consider whether 200 people are ever likely to be present at the venue or event. Any premises that might, even occasionally, have close to that many people in attendance should familiarise themselves with the legislation and start preparing for its implementation in 2027.

Once the guidance is published, the requirements for premises holding fewer than 800 people are unlikely to be overly complex or difficult to meet. However, failure could be a criminal offence carrying a fine of up to £10,000. Under the enhanced duty, fines could stretch into millions.

While most businesses won’t have to worry too much about Martyn’s Law, any ARAG policyholder that has specific concerns or questions can always call the legal advice helpline for guidance.