Martyn’s Law - Terrorism Bill
- Dimitrios Moutaftsis
- Feb 13
- 6 min read
Understanding the proposed revision of the Terrorism Bill 2024-2025
This article aims to provide some background, context and high-level interpretation of the latest work-in-progress revision of the Terrorism (Protection of Premises) Bill 2024-2025, currently under debate in the House of Lords. The Bill is still under scrutiny and does not yet constitute finalised legislation. Therefore, the takeaway points discussed herein are subject to the interpretation of the current Bill in progress and are subject to change. Source information is updated regularly and is publicly available in the UK Parliament website and gov.uk policy paper factsheets.
In this blog we will provide an overview of what the Terrorism Bill is, and why it is important, what the likely key proposals of the legislation are, and, how the legislation is likely to be of interest to local authorities.
Background
In recent years, the UK has witnessed several terrorist attacks and law enforcement agencies have disrupted a high number of late-stage plots. The Inquiry to the Manchester Arena attack (2017), concluded a range of recommendations to strengthen protection of the public in premises and events, including the introduction of legislation and guidance. The proposed Terrorism (Protection of Premises) Bill follows up on these recommendations. The Bill is also widely known as ‘Martyn’s Law’, paying tribute to Martyn Hett who tragically died amongst 21 others during the Manchester Arena attack.
The Terrorism (Protection of Premises) Bill 2024-2025 was introduced to the House of Commons by the UK Government on 12th September 2024 for legislative scrutiny, with the ambition to gain Royal Ascent. This follows on from the draft bill introduced in May 2023. Several consultations have also been undertaken with industry bodies and representatives since inception of the proposed policy, which together with parliamentary scrutiny have contributed to shaping policy proposals to date. A review of the Bill at the House of Commons was completed on 9th December 2024; and since 10th December 2024 is under scrutiny in the House of Lords with the report stage currently scheduled for completion in March 2025.
What is the Terrorism Bill and why is it important?
Once in force, the purpose of the legislation would be to define responsibilities in controlling a qualifying premises and/or events; and introduce requirements towards reducing vulnerabilities of those premises/events and risks of physical harm to people arising from terrorist acts to the premises or event. It will likely define the requirements for those responsible to achieve and demonstrate compliance to a new regulatory authority, while defining liabilities as well as need for limiting disclosure of information that can be exploited by potential terrorism threat actors.
The legislation is aimed to apply across the United Kingdom, as national security is a reserved matter for the UK government.
The legislation aims to improve preparedness and security of public events and premises against terrorism threats and risks. As a result, it will:
Mandate who are the duty holders responsible for risks of terrorism for a range of premises and events;
Enforce a consistent approach to requirements to reduce risks and vulnerabilities in association with terrorism; and
Introduce a regulatory authority with power to assess compliance and take enforcement actions if necessary, while supporting duty holders with guidance.
The legislation will also support duty holders by enabling provision of dedicated guidance to plan responses and implement measures, ensuring those responsible have access to sufficient information to execute their duties under the Bill.
What are the likely key proposals in the proposed legislation
The following key takeaways can be drawn from the current draft bill as of 10th December 2024, although these are subject to further change:
Definition of qualifying premises and qualifying events
Qualifying premises are likely to include venues permitting access to the public and reasonably to expect from time to time 200 or more individuals including educational establishments; but excluding parks/gardens, legislatures and transport venues already under other legislation. Qualifying events are likely to include events reasonably to expect 800 or more people accessing with some form of control such as ticket, invitation or membership.
Clear aim to achieve balance and proportionality
The draft bill introduces a two-tier system, with simpler requirements for smaller capacity qualifying premises (Standard Duty Premises: reasonably to expect 200-799 individuals); and more requirements for larger capacity qualifying premises (Enhanced Duty Premises: reasonably to expect 800+ individuals) and qualifying events, recognising potentially higher consequences from a terrorist attack. Figures are based on expected attendance, rather possible capacity.
In any case, operational procedures for response to an attack will need to be in place. For enhanced tier, requirements go further and require also measures to reduce site vulnerabilities and risk of physical harm to people, also keeping risks under review, documenting details for compliance and submitting documentation to the regulator within specific time frames. Procedures, coordination and physical measures, where required, are to be undertaken ‘as far as reasonably practicable’. This aligns closer with terminology used in other legislation, such as the Building Safety Act.
Security Industry Authority as new regulatory authority
Their role will be to exercise investigatory powers to assess compliance to requirements and take enforcement actions when necessary. The latter include issue of notices and penalties where the regulator has reasonable grounds to believe the requirements are or have been contravened. For enhanced duty premises and qualified events, notices may be given also where the regulator believes it is necessary to reduce risk of physical harm to people in the event of terrorism act at the premises, event or immediate vicinity. The regulator will also support duty holders with dedicated guidance, advise as appropriate and keep the effectiveness of the legislation requirements under review.
Definition of ‘responsible persons’ for compliance (or where these are not individuals, the designation of a senior individual)
These will need to report directly to the regulator, including when they become or cease to be responsible. Also, there is focus on relationships by mandating requirements for coordination and cooperation when more than one person is responsible. Liabilities are also defined.
The draft bill will introduce requirements to limit disclosure in the public domain of information on qualifying premises/events which could be exploited by terrorist threat actors.
How is the legislation likely to be of interest to local authorities and fund recipients in the Delivery Associates Network?
Legislation status, once introduced, will mandate requirements for qualifying premises/events and their responsible persons or designated senior officials. Organisations and businesses, including Local Authorities and Fund recipients (e.g., Future High Streets Fund, Town Centre Fund, Levelling-up Fund) responsible for inviting public access into qualifying premises and/or events, are likely to be subject to the scope of the new legislation.
Following the adoption of the bill as law, Local Authorities and Fund Recipients are likely to be required to have responsible persons in place; and where more than one, to coordinate and cooperate. They may be expected to notify the regulator within the required timescales, take steps, record and be able to demonstrate in some form of compliance that:
Risks from terrorism specific to the premise/event have been considered;
Procedures / response plans to potential terrorist attacks have been prepared;
For higher tier venues and events, measures against terrorist attack have been assessed and implemented to reduce vulnerabilities and risks to the premises and people;
Disclosure of information in the public domain that could be exploited by terrorism threat actors is limited;
Where it comes to procedures and measures, these are likely to be mandated as ‘as far reasonably practicable’. This suggests those affected may want to consider proportionality (risk basis), cost-benefit, practicalities and ‘cause and effect’ aspects where interfaces with other hazards.
Responsible parties will also have access to dedicated guidance to support understanding, planning and implementing of the legislation once it becomes law. Useful information to duty holders is already available via government technical authorities such as National Protective Security Authority (NPSA) and Protect UK.
When is the legislation likely to come to force?
The reading in the House of Lords is anticipated to be competed in the first quarter of 2025, returned for consideration of amendments prior to being put forward for Royal Ascent. While the exact time is not confirmed, upon gaining Royal Ascent, it is expected there will be time given for organisations to understand and prepare for their obligations under the new law.
Dimitrios Moutaftsis is a Chartered Engineer and specialist in Protective Design, including Blast Engineering and Hostile Vehicle Mitigation (HVM) applications, and is an expert in structural design. He has been responsible for carrying out counter-terrorism strategies; undertaking resilience assessments; and developing protective design for buildings, urban realms, and infrastructure projects in the UK and internationally. He supports clients to understand the threats and risks to people and assets, developing mitigation strategies in line with the client risk priorities and embedding risk-based protective design and resilience in their buildings and sites, often of high complexity.
If you have any questions on this topic, or would like support, please contact your Delivery Associate, or email DeliveryAssociatesNetwork@Arup.com
