Martyn’s Law Terrorism (Protection of Premises) Bill – First draft published by the Home Office


The UK government published a draft bill titled Terrorism (Protection of Premises) on May 2nd, 2023, with the aim of enhancing the security of public and private premises against acts of terrorism.

The 56-page Bill covers a range of measures, from what premises and events will qualify as in scope and their registration, to the evaluation of terrorism risk and the provision of terrorism protection training. 

Click below to download the Terrorism (Protection of premises) draft bill:
https://www.gov.uk/government/publications/terrorism-protection-of-premises-draft-bill-overarching-documents

The Draft Bill has been welcomed by industry experts and businesses alike, who see it as a necessary step towards enhancing public safety and reducing the risk of terrorist attacks.

According to the draft bill, public premises, such as shopping malls, hospitals, and schools, will be required to implement security measures such as CCTV cameras, access control systems, and regular security patrols. Private premises (within scope), such as offices and apartment buildings, will also be required to implement similar measures.

The bill also clearly identifies the qualifying premises, what parts of these premises, and the types of events which will fall under scope – those with a capacity for more than 100 individuals. 

Enhanced duties will be required from those which have a public capacity of 800 individuals or more, called ‘enhanced premises’

The draft defines a “public venue” as “any place to which the public has access, whether on payment or otherwise, and includes any place where members of the public are invited or encouraged to gather.” 

The bill would require those responsible for public venues to take a number of steps to protect people from terrorism, including:

» Conducting regular risk assessments to identify potential terrorist threats

» Implementing appropriate security measures, such as security guards, CCTV, and metal detectors

» A requirement for terrorism protection training on how to respond to terrorist incidents, for relevant workers at qualifying premises

» Working with local authorities and other agencies to develop a coordinated response to terrorism

The bill also sets out a number of enforcement measures, including fines and imprisonment, for those who fail to comply with the requirements – and notes that the Secretary of State must issue guidance regarding the discharge of requirements placed upon persons under the Bill.

It’s important for business owners and directors to note that the bill gives the provision of powers to the regulator to issue ‘appropriate and proportionate’ penalty financial notices to those deemed not in compliance. The maximum amount for standard duty premises will be up to £10,000. The maximum amount for enhanced premises will be whichever is greater of £18 million or 5% of its qualifying worldwide revenue.

Speaking about the draft bill, the UK Home Secretary at the time, Priti Patel said:
“The safety and security of our citizens is our top priority, and this draft bill reflects our commitment to taking proactive measures to prevent acts of terrorism. By requiring public and private premises to implement security measures, we aim to reduce the risk of terrorist attacks and keep our communities safe.”

Mike Cherry, National Chairman of the Federation of Small Businesses (FSB) in the UK, in response to the proposed “Martyn’s Law” and the Terrorism (Protection of Premises) Draft Bill, said:

We welcome the measures outlined in the Terrorism (Protection of Premises) Draft Bill towards improving businesses’ resilience to, and preparedness for terrorist attacks in the future – enhancing public safety in the UK.

The Terrorism (Protection of Premises) Draft Bill is open for public consultation until June 2nd, 2023, and businesses and individuals are encouraged to provide feedback to ensure that the final version of the bill reflects the needs and concerns of our communities.

Finally, we’d add that we commend the government’s ongoing commitment to proactive measures and await the final version of the bill which will address the needs and concerns of our communities.

Protect Duty Risk Solutions offer a range of services to help your business simply and cost-effectively manage your terrorism risk assessment and management – as well as ongoing training and consultancy provided by our team of subject matter experts. If you would like to find out how we can ensure that your business is compliant with the incoming legislation, as well as current Health and Safety legislation regarding Terrorism and security risk click below to book a demo of our cost-effective online self-assessment risk analysis software:
https://www.gov.uk/government/news/martyns-law-progresses-as-government-publishes-draft-legislation

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