On Thursday 3 April, the Terrorism (Protection of Premises) Act 2025 (the Act) received Royal Assent. Known as "Martyn's Law" (in tribute to Martyn Hett who was killed alongside 21 others in the Manchester Arena terrorist attack in 2017), its aim is to improve protective security and organisational preparedness of certain premises and events by requiring those responsible for them to put in place measures to reduce vulnerability to terrorist attacks. 

We covered the main points in our October 2024 Real Estate Focus, but with the government providing more clarity on timescales for implementation, and publishing initial factsheets on the main aspects, here is a reminder of the essential points for potential duty-holders.

Which types of premises and / or events are in scope?

The government has published guidance confirming that, in order for a premises to fall within the Act, it must satisfy the following criteria: 

• There must be at least one building on the premises, which could consist of part of a building, and/or include a building along with other land;
• The premises must be used mainly for one or more of the uses specified under schedule 1 of the Act - this includes a wide variation of uses including shops, places of worship, entertainment and leisure activities and sports grounds. 

For an event to be in scope it must:

• Take place in a building, on land or at a combination of the two;
• Have specific entry conditions (such as a ticket or a pass, or be for members or guests of a club); and 
• Be accessible to members of the public. Events arranged by other types of body, for example corporate events for employees, weddings or private events do not fall within the scope. 

What are the obligations and who is responsible?

The Act establishes a two-tiered approach linked to the number of individuals it is reasonable to expect may be present at the same time at premises and events. 

Anyone who is responsible for a premises or events holding a potential capacity of between 200 and 799 individuals (a "standard duty" premises or event) is under obligations to:

• Notify the Security Industry Authority (SIA) of their premises or event; and 
• Have in place, so far as is reasonably practicable, appropriate public protection procedures. 

The standard duty requirements should be centred around simple, low-cost activities expected to reduce the risk of physical harm being caused to individuals. This could involve evacuation, invacuation (moving people to a safe space) or locking down the premises along with communication with individuals. 

Anyone who is responsible for a premises or event holding a potential capacity of 800 or more individuals (an "enhanced duty" premises or event) is under the same obligations as for standard duty premises / events, but in addition will be required to:

• Have in place appropriate protection measures to reduce both the vulnerability of the premises or event to an act of terrorism, and the risk of physical harm being caused to individuals if an attack was to occur - this could include enhanced security and monitoring of the premises and their immediate vicinity;
• Produce to the SIA a document setting out details of the measures in place, including an assessment of how the protection measures reduce vulnerability; and
• Where a responsible person is not an individual, designate a senior individual with responsibility for ensuring the requirements are complied with. 

How will Martyn's Law be enforced?

A new regulatory function will be established within the SIA which will seek to support, advise and guide those responsible for premises and events in meeting the requirements. Where there is serious or persistent non-compliance the SIA can take enforcement action including compliance notices, monetary penalties and restriction notices. The legislation also includes some criminal offences. Guidance will be published in the future on how the SIA will discharge its functions under the Act, but this will require approval by the Home Secretary before publication.   

Next steps

The government has indicated that the main provisions will not be in force for another 24 months or so. This will allow the SIA’s new function to be established and give those responsible for in-scope premises and events sufficient time to understand and prepare for their new obligations. During this time, the government will produce more detailed guidance on the various aspects of the Act.

However, with its wide application to a variety of buildings it is prudent for those responsible for complying with the relevant duties to start planning now. This will entail the consideration of new or enhanced procedures and, and training staff on new measures implemented.