Overview and Timeline
Martyn’s Law, formally the Terrorism (Protection of Premises) Act 2025, received Royal Assent on 3 April 2025, but is not yet in force. The Home Office expects there to be a two year lead in time, so it will be enforceable at some stage after April 2027. This is intended to allow time for the enforcing body to be constituted and for necessary regulations to be passed.
What the Act Does
The Act imposes a statutory duty on those responsible for venues open to the Public across the United Kingdom to take reasonable steps to prepare for a terrorist attack.
Application and Tiers
The application of the law depends on the number of people reasonably expected to be present at the same time, including staff. There are three tiers of responsibility:
- Below 200 capacity: No duties imposed
- Standard Duty Tier: Venues with capacity of 200 to 799
- Enhanced Duty Tier: Venues with capacity of 800 or more
Regulation and Enforcement
A new Security Industry Authority (“SIA”) will act as regulator, maintaining a register of qualifying venues, issuing guidance, inspecting premises, and enforcing compliance. The SIA will be empowered to issue improvement or restriction notices and impose financial penalties for serious breaches of up to £18 million pounds or 5% of worldwide revenue, and certain failures may constitute criminal offences.
The duties are imposed on the Responsible Person, defined in the Act as the person who has control of the premises in connection with their relevant use.
Standard Duty Requirements
For Standard Duty venues, the Responsible Person must implement clear and practical procedures for staff to follow if an incident occurs. The focus is on proportionate planning rather than structural or technical measures, and procedures must be realistic, regularly reviewed, and supported by staff training.
The requirements for Standard Duty Premises are centred on simple, low-cost activities, with costs relating primarily to time spent, and there is no requirement to implement physical measures.
Key Duties for Standard Duty Tier:
- Implement procedures covering evacuation, invacuation, lockdown, and communication with staff and attendees
- Notify the Security Industry Authority that the premises fall under the Act
- Appoint a Responsible Person to oversee compliance and ensure they receive mandatory training
- Communicate procedures effectively to all relevant staff and provide or update training as necessary
- Conduct a terrorism risk assessment to inform procedures
- Document procedures, risk assessments, and security plans, and retain records
- Where premises form part of a shared building, cooperate with landlords and tenants to align emergency arrangements and clarify access, cooperation duties, and responsibility for compliance costs
- Ensure procedures, as far as reasonably practicable, reduce the risk of physical harm to individuals
Shared Buildings
Where premises form part of a shared building, landlords and tenants must cooperate to ensure emergency arrangements align with wider site procedures, and leases may need to clarify access rights, cooperation duties, and responsibility for compliance costs, although the occupier generally retains primary responsibility.
Enhanced Duty Requirements
Enhanced duty venues must meet the Standard Duty requirements and also implement additional measures to reduce vulnerability and physical harm, including (where prescribed by the SIA) the installation of monitoring systems, access control, proportionate security, and effective information management.
A written security plan must be prepared and provided to the SIA, by the Responsible Person.
All persons with an interest in or control of the premises, including landlords, managing agents, and concession tenants, must cooperate to ensure a consistent approach.
Preparing for Implementation
During the 2-year lead in period, venue operators, landlords, and tenants should:
- Assess whether their premises fall within the Standard or Enhanced bracket
- Identify Responsible Individuals
- Review existing security and emergency procedures
The Secretary of State may grant exemptions where strict compliance would be disproportionate, but what those will be if any is not currently specified.
Impact on Property Stakeholders
For landlords, tenants, and investors, the Act will affect operational budgets and contractual arrangements.
Pre-acquisition due diligence processes should consider whether premises fall within the scope of the Act, and evidence of compliance or exemption is likely to become a standard pre-contract enquiry.
For further information please contact Jeremy Spooner | Partner | Jeremy.spooner@williamsturges.co.uk
Louis Seitler | Solicitor | Commercial Property | louis.seitler@williamsturges.co.uk