Terrorism (Protection of Premises) Act 2025 – New Measures for Enhanced Safety

On 3 April 2025, the Terrorism (Protection of Premises) Bill received Royal Assent. This new Act commonly referred to as “Martyn’s Law” requires those with responsibility for certain premises and events frequented by members of the public to implement measures to ensure the safety of the public in the event of a terrorist attack, as well as reducing their vulnerability to acts of terrorism.

The types of premises and events that fall within the scope of the new Act include: hotels, shops, entertainment and leisure facilities, sports grounds, visitor attractions, concerts, hospitals, some transport hubs and providers of education.

The Act effectively introduces two types of duty holder; a standard duty holder (for qualifying premises) and an enhanced duty holder (for enhanced duty premises and qualifying events).

 

STANDARD DUTY HOLDERS – QUALIFYING PREMISES

Relevant premises are considered qualifying premises if it is reasonable to expect that from time to time 200 or more individuals may be present on the premises at the same time.

Those in control of qualifying premises must ensure that appropriate public protection procedures are in place to reduce the risk of physical harm being caused to individuals if an act of terrorism were to occur on the premises, or in the immediate vicinity.

 

ENHANCED DUTY HOLDERS – MEASURES FOR ENHANCED DUTY PREMISES AND QUALIFYING EVENTS

Premises are enhanced duty premises if it is reasonable to expect that from time to time 800 or more individuals may be present on the premises at the same time.

Events are qualifying events if it is reasonable to expect that at some point during the event 800 or more individuals may be present at the same time.

Corporate enhanced duty holders must appoint a designated senior individual (who must be “concerned in the management or control” of the company) and who has responsibility for ensuring that the company complies with the requirements imposed upon them.

Enhanced duty holders are required to carry out the duties expected of standard duty holders, as well as: the assessment, implementation and review of public protection measures. Such measures are intended to reduce the vulnerability of the premises or event to acts of terrorism; and to reduce the risk of physical harm being caused to individuals if an act of terrorism were to occur on the premises, at the event or in the immediate vicinity.

The concept of “immediate vicinity” over which duty holders may not necessarily have full control, is undefined in the new Act. Furthermore, where there are multiple duty holders with responsibilities for, or control over, a relevant event or premises, there are obligations under the new Act to coordinate and cooperate with one another.

Enhanced duty holders must document compliance and share certain security information with the regulator, the Security Industry Authority (SIA), and certain notification requirements apply to both standard and enhanced duty holders.

 

CONSEQUENCES OF NON-COMPLIANCE

The SIA will be responsible for enforcing the Act, with powers of inspection, to issue notices, and impose penalties for non-compliance.

The SIA will have powers to issue notices requiring compliance or imposing restrictions on relevant premises and events. For enhanced duty holders, non-compliance penalties can be quite severe such as fines of up to GBP18 million or 5% of worldwide revenue of the organisation’s most recent complete accounting period, whichever is higher. Furthermore, failing to comply with a compliance or restriction notice is a criminal offence and can lead to imprisonment and/or an unlimited fine.

These penalties underscore the critical importance of adhering to the measures mandated by the Act.

 

WHEN WILL THE ACT TAKE EFFECT?

Although the Act has already received Royal Assent, the government has allowed at least a further 24 months before the legislation comes into force. This period gives those within the scope of the Act time to consider legal implementation and ensure compliance. Additional statutory guidance is eagerly awaited and expected in Spring 2026.

 

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DLA Piper have a wealth of experience in the area of security and anti-terrorism law, having advised clients on such matters for over 8 years, and having represented a central core participant and venue operator in the Manchester Arena bombing Public Inquiry.

Should you have any queries arising out of this article, please contact the author or your regular DLA Piper contact.