Update on Martyn’s Law for charities & churches

1 July 2024

The draft Terrorism (Protection of Premises) Bill, also known as Martyn’s Law, is a new Protect Duty legislation to strengthen security measures in public places and events. For the not-for-profit sector, this will be most relevant to churches, places of worship and larger charity/community-owned venues and events.

Understanding Martyn’s Law

The draft Terrorism (Protection of Premises) Bill has been published and is currently undergoing pre-legislative scrutiny. The Law is named after Martyn Hett, a victim of a devastating terrorist attack at the Manchester Arena in 2017. It addresses the need for consistent and proportionate security measures for public premises and events.

The government reaffirmed its commitment to introducing this legislation in the King’s Speech on November 7, 2023. A public consultation on an updated approach to the standard tier ran from February 5 to March 18, 2024. This recent consultation aimed to gather feedback and ensure a balance between enhancing public safety and not overburdening organisations.

Scope of Martyn’s Law

Martyn’s Law will apply to a wide range of publicly accessible venues, including entertainment and leisure facilities, retail stores, museums and galleries, sports grounds, government buildings, places of worship, and educational institutions.

Proportional security measures

The Law establishes a tiered model based on the size and nature of activities taking place at a premise or event:

• Standard tier: Applies to qualifying premises with a capacity of 100-799 individuals.
• Enhanced tier: Applies to high-capacity venues and events with 800 or more individuals, such as live music premises, theatres, and department stores.

The legislation emphasises proportionality, with requirements tailored to the premises’ nature, activities, and resources.

The Government states, “Limited exemptions to the capacity requirements apply to education establishments and places of worship. Guidance and training materials will also be available to premises with a capacity of under 100, should they want additional support.”

Responsibilities of premises and events

Under Martyn’s Law, those responsible for premises or events covered by the legislation will have certain obligations. Recent revised proposals for standard tier venues focus on putting in place proportionate procedures for the following:

• Evacuation – how to get people out of the building.
• Invacuation – how to bring people into the premises to keep them safe, or move them to safe parts of the building.
• Lockdown – how to secure the premises against attackers, e.g. locking doors, closing shutters and using barriers to prevent access.
• Communication – how to alert staff and customers and move people away from danger.

Enhanced tier premises and events will require a more comprehensive risk assessment, security plan, and implementation of reasonably practicable measures to mitigate the risk of terrorist attacks.

Enforcement and support

To ensure compliance, an inspection capability will be established to educate, advise, and enforce the requirements of Martyn’s Law. The legislation also introduces a regulator responsible for overseeing enforcement actions and imposing monetary penalties for non-compliance. The regulator’s primary role will be to support premises through advice and guidance, acting as an educator in the first instance.

Organisations will receive dedicated guidance and support to help them understand and meet the new legal requirements, including access to ProtectUK, an online platform providing trusted advice, guidance, and learning resources on protective security.

Balancing security and accessibility

While implementing enhanced security measures, the government recognizes the importance of maintaining access to public spaces. Changes driven by Martyn’s Law are intended to be primarily behind the scenes, with visible measures only where necessary. The goal is to balance robust security and ensure the public can enjoy public spaces without compromising accessibility.

The most recent update was provided at the beginning of May 2024. We will wait to see how this Bill moves forward.

This blog was updated on 1 July 2024.