Written by: Christiane Rabenstein, PNLD Legal Adviser
Not reviewed after the date of publication - 25 May 2025
The new Terrorism (Protection of Premises) Act 2025 aims to increase protection at public premises and events to reduce the risk of harm in case of a terrorist attack. The legislation, described as “landmark anti-terror legislation”, was introduced as a result of concerns after the Manchester Arena terror attack. PNLD Legal Adviser Christiane Rabenstein explains the background to the Act and gives an overview of the new provisions.
Background
22 people were murdered in the Manchester Arena terror attack in 2017 and hundreds were injured. While responsibility lies with Salman Abedi and his younger brother Hashem Abedi, there were demands for better protection of premises in the aftermath of the events when it became more apparent that the security arrangements led to missed opportunities for detecting and stopping the attack and reducing the harm caused. Other issues included the adequacy of the emergency response and whether the Security and Counter-Terrorism Police could and should have prevented the attack. Similar criticism was made in the Prevention of Future Deaths Report from the London Bridge and Borough Market Inquests and a 2017 Intelligence and Security Committee (ISC) recommendation which both recommended that legislation should set out clearly which obligations owners of premises and public authorities have in respect of protective security.
This legislation is known as ‘Martyn’s Law’ to commemorate Martyn Hett, one of the 22 murdered people of the Manchester attack. It was his mother, Figen Murray, who campaigned for six years and whose determination and efforts were crucial in getting this law passed. 18 months after Martyn’s death she attended a small concert where no bags were searched nor was there other security at venues in general – while certain amounts of toilets were legally required – she found it incredible that such security measures were mere recommendation rather than legislation, unlike fire regulations, etc. This led to her starting her campaign which was widely supported, including by Brendan Cox, founder of Survivors Against Terror and husband of the murdered MP Jo Cox, and Nick Aldworth, former Chief Superintendent in Counter-Terrorism Policing for the Metropolitan Police.
In response to Figen Murray’s campaign and the concerns and recommendations mentioned above, the government, as part of its wider counter-terrorism strategy CONTEST, introduced a bill intending to improve protective security and organisational preparedness across the UK. It also acknowledged the shifting and diverse threat by terrorists who may attack anywhere and that a voluntary approach only led to an inconsistent uptake of counter-terrorism advice.
On 3rd April 2025 the Terrorism (Protection of Premises) Act 2025 received Royal Assent.
The Law
Part 1 of the Act deals with the public protection requirements and the Act itself contains an overview in section 1:
“1(1) This Part requires persons responsible for qualifying premises (see section 2) or a qualifying event (see section 3) to take steps to reduce—
(a) the risk of physical harm to individuals arising from acts of terrorism, and
(b) for larger qualifying premises and all qualifying events, their vulnerability to acts of terrorism.”
“Qualifying premises” are separated in two categories, “standard duty premises” and “enhanced duty premises” and are defined as premises that are used for specified purposes and where the expected number of people attending at any one time is 200 or more individuals (800 for enhanced duty premises). These numbers could be reduced to no less than 100 and 500 respectively by regulations, for example if the threat to the UK from terrorism, currently at SUBSTANTIAL, meaning an attack is likely, should increase. The purposes are set out in Schedule 1 to the Act, these include shops, restaurants, cafés, leisure centres, sports grounds, libraries, museums and galleries, exhibition centres, visitor attractions, hotels, places of worship, hospitals, railway and bus stations, airports, childcare settings, schools and other primary, secondary and higher education institutions and premises used by public authorities for visiting members of the public.
“Qualifying events” are those where 800 or more people are expected at the same time on premises that are not already “enhanced duty premises” and where members of the public may attend having paid to do so, with a (paid for or free) ticket or pass or as members or guests of a club etc.
Schedule 2 to the Act lists a number of “excluded premises and events”; these include for example the Houses of Parliament, parks and gardens where no entrance fees or restrictions are in place, and events held at certain excluded premises.
Section 5 sets out the public protection measures that the person responsible for qualifying premises or a qualifying event, i.e. the person who has control of the premises, must ensure 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, at the event or in the immediate vicinity of the premises or event”. For standard duty premises the requirements are intended to be simple, focusing on having specified procedures in place in the event of a terrorist attack. These are expected to be simple and low cost and will not require physical alternations of premises or the purchase of equipment. Persons working at the premises or event need to follow these procedures if it is suspected that an act of terrorism is occurring or about to occur. They comprise:
- Evacuation: moving individuals from the premises/event
- Invacuation: moving them to a place on the premises/at the event where there is less risk of physical harm
- Lockdown: preventing individuals entering/leaving
- Communication: providing information to individuals on the premises/at the event.
For enhanced duty premises and qualifying events there is an additional duty “to reduce the vulnerability of the premises or event to acts of terrorism” (section 6). Additional measures relate to:
- Monitoring the premises/event and their immediate vicinity
- Movement of individuals into/out of/within the premises/event
- Physical safety and security of the premises
- Security of information in relation to the premises/event.
These measures need to be documented by the person responsible for the enhanced duty premises/qualifying event as per section 7 and a copy of the document provided to the Security Industry Authority.
The Security Industry Authority (SIA) is a body set up under the Private Security Industry Act 2001 to contribute to public protection by setting and improving standards in the regulated private security industry. The 2025 Act now adds to the SIA’s remit and makes them the body responsible for assessing compliance with the requirements set out above and the necessary enforcement actions (section 12). The SIA will also provide guidance and advice; further guidance will be published by the Secretary of State (under section 27). Measures that the SIA may use include compliance notices under section 13 given by the SIA to a person where it is believed that the person is contravening a relevant requirement, restriction notices under section 14 where in addition there is belief that this is necessary to reduce the risk of physical harm, and penalty notices under section 17. Restriction notices can only be issued in relation to enhanced duty premises and qualifying event. The investigatory powers of the SIA are set out in Schedule 3 which allows authorised inspectors to issue notices for requiring information and gives them certain powers to enter premises without a warrant. Schedule 3 also provides for warrants to enter premises.
There are no specific police powers under the Act and for the most part the requirements of the Act will be enforced by way of civil penalties and other civil measures.
The Act does, however, create a few offences, such as failing to comply with a compliance notice in respect of enhanced duty premises or a qualifying event or a restriction notice (contrary to section 24) or failing to comply with an information notice under Schedule 3 (para 10 of that Schedule) and providing false or misleading information (contrary to section 25). It is also an offence to obstruct an authorised inspector or pretend to be one (paragraphs 11 and 12 of Schedule 3).
Further amendments are made by the Act to licensing law, to ensure that plans of premises are not being used for the purposes of terrorism. Licence applicants will have to provide two plans to the local licensing authority; only the less detailed plan will be for public inspection thereby preventing sensitive information being made available to the public which otherwise could potentially be used to assist terrorist activity.
Overall, the Act seems to focus more on dealing with the aftermath of a terror attack and less so with prevention, and there have been concerns, amongst others by the Independent Reviewer of Terrorism Legislation, Jonathan Hall KC, and the House of Commons Home Affairs Committee that the Act would not have made any difference to the majority of the recent terrorism attacks as they would have been outside the scope of this legislation.
The above is a brief summary of the law, for details refer to specific provisions of the Act which will be available on PNLD once a start date is known.
Further reading
Further information on the Act can be found in the factsheets published by the Home Office Terrorism (Protection of Premises) Act 2025 and for a detailed background refer to volume 1 of the report published by the chair of the Manchester Arena Inquiry: Manchester Arena Inquiry Volume 1: Security for the Arena.
Commencement
While the Act was granted Royal Assent in April 2025, most of the Act has not yet been commenced; that means that the requirements are not yet in force and do not need to be complied with until brought into force by regulations. It is expected that it will take at least 24 months to implement the Act fully. This is in order to provide guidance, to establish the SIA’s new function and to give those responsible for premises and events time to prepare.
A final word
Sadly, it is not possible to predict which events or places might become the target of a terrorist attack, be it directly or by being located near a target. While the Terrorism (Protection of Premises) Act 20025 is not fully in force, it is hoped that the raised awareness and then the implementation of this legislation will contribute to venues and organisations being prepared and putting measures in place which will at least reduce the vulnerability of their premises or events to attacks and prevent deaths and harm caused by terrorist activity.
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