The Terrorism (Protection of Premises) Act

As part of the UK’s wider counter-terrorism strategy, CONTEST, the HM Government Terrorism (Protection of Premises) Act has gained Royal Assent.

The new Act is a response to the findings of the Manchester Arena Inquiry and London Bridge Inquests, introducing new measures designed to protect the public from potential terrorist attacks.

Martyn’s Law

The Act, commonly referred to as Martyn’s Law, introduces new requirements where premises are used for activities and events which gather the public within venues. The aim is to place public protection on similar legal regimes e.g. health & safety requirements. Using a tiered approach, the Act places conditions related to the numbers of individuals expected to be present at the same time.

Primary & Secondary schools, FE and HE premises

As primary schools, secondary schools, further and higher education premises fall within schedule 1 of the Act, they fall within its qualifying scope. Groups of buildings used for Schedule 1 use are regarded as premises if they are in ‘close geographical proximity’ e.g. multiple buildings on a single site.

Standard Duty

Standard duty will apply where 200 or more individuals, which includes staff, are reasonably expected to be present at the same time. Enhanced duty will apply where 800 or more individuals (again including staff) are reasonably expected to be present. It is important to note that although premises may fall within the standard duty scope, there is the potential for enhanced duty to apply if hosting one-off events with over 800 attendees.

Standard and Enhanced Duty

Standard and enhanced duty requires procedures to be in place for:

• Evacuation safely out of the premises;
• Invacuation safely into, or to safer parts of the premises;
• Lockdown, the process of securing the premises to prevent individuals entering or leaving the premises;
• Communication procedures to alert people on the premises to the danger e.g. providing instructions to remain in place or move away from any danger.

The vast majority of educational settings will have these measures in place as part of their emergency response strategies which all staff and volunteers must be fully trained on.

Enhanced Duty

Enhanced duty requires further public protection measures which will vary dependent on the type of premises and events. Protection measures include:

• Monitoring measures focusing on identifying and reporting suspicious behaviour;
• Measures to control the movement of people in, out and within the premises;
• Physical safety and security measures to deter and/or mitigate attack;
• Securing information which may assist in the planning, preparation of execution of acts of terrorism.

The Responsible Person

For qualifying premises, the ‘responsible person’ is the person who has control of the premises in connection with their Schedule 1 use. Under the Act, the responsible person for standard or enhanced duty premises is required to notify the Security Industry Authority (SIA) when they become responsible for the premises, and notify them when they cease to be responsible. The ‘responsible person’ must ensure that the requirements of the Act are met. It is important to note that even if tasks are delegated, the legal duty remains with the responsible person.

The Security Industry Authority (SIA)

The SIA is the regulatory body charged with providing advice and ensuring compliance. They have the power to access premises, usually with 72 hours notice, view documents, equipment and ‘require any person on the premises to assist with the inspection’. They are also able to issue notices requiring information to be provided when assessing compliance. As such it is key to have a clear and concise emergency response strategy with all supporting documentation in place. The SIA also has the power to issue a range of civil sanctions e.g. monetary penalty notices, restriction notices. It will also be an offence to provide false information to the SIA.

Conclusion

Although the Act has gained Royal Assent, the new requirements are not yet in force by regulations so settings have time to prepare; and prepare we must. At the time of authoring, the threat level from terrorism in the UK is SUBSTANTIAL, meaning an attack is likely. The unpredictability of domestic terrorist threat means it is not always possible to predict when or where an attack might happen, and every preventative measure should be in place.

Sam Preston (Safeguarding Director) & Sara Spinks (SSS Author and Former Headteacher)

14 April 2025