Martyn's Law becomes a reality

At the beginning of April, after six years of campaigns and almost eight years after the Manchester Arena attack, Martyn’s Law received Royal Assent.

Martyn's Law is named after Martyn Hett, who was killed in the Manchester Arena attack in May 2017.

Officially titled the Terrorism (Protection of Premises) Bill, the law will make it a legal requirement for public places to strengthen their security measures. It will improve protective security and organisational preparedness across the UK by requiring that those responsible for certain premises and events consider how they would respond to a terrorist attack.

It will take a tiered approach. Venues with a capacity of 200 to 800 people will be required to put in place measures aimed at reducing harm to the public in the event of an attack. This could include training staff to lock doors, close shutters, and identify safe routes to shelter.

Larger venues, with a capacity of over 800 people, will fall under an enhanced tier. These venues will be required to implement more robust security measures, such as employing security staff and installing CCTV systems.

Prime minister Keir Starmer said: "Today is a landmark moment for our security as my government delivers on its promise to introduce Martyn’s Law and better protect the public from terrorism.

"Figen’s courage and determination in the face of such unimaginable loss is truly humbling and it is thanks to her campaigning that Martyn’s Law means her son’s legacy will live on forever.

"Security is the foundation of our Plan for Change and the first duty of any government. Martyn’s Law will ensure everyone can enjoy public events more safely and ensure venues across the country have clear, practical measures in place to protect people."

Martyn's mother, Figen Murray, the leading campaigner for the legislation met the Prime Minister in Downing Street to mark the occasion. She said: "I am grateful to the Prime Minister, the Security Minister and Lord Hanson for how quickly they’ve progressed Martyn’s Law through parliament. But this would not have happened without the tireless support of my co-campaigners Nick Aldworth, Brendan Cox, Nathan Emmerich, my husband Stuart, and my children.

"Over the implementation period it is vital that the government and Security Industry Authority provide all that is necessary for publicly accessible locations to implement Martyn’s Law."

Grassroots campaign
Martyn’s Law began as a grassroots effort led by Martyn’s mother, Figen Murray, who partnered with counter-terrorism expert Nick Aldworth in 2019 to push for stronger protections in public venues.

Initial proposals for Martyn’s Law included five main requirements: free staff training, vulnerability assessments, mitigation of identified risks, creation of counter-terrorism plans by venues, and planning at the local authority level.

In May last year, Figen and Nick, joined by others, walked from Manchester to London to raise awareness of the law. On a very wet day, they met with then-PM Rishi Sunak and future PM Keir Starmer. Later that day, Sunak called a general election.

Regulation
A new regulator, operating within the Security Industry Authority (SIA), will oversee implementation, working alongside national security bodies to ensure venues meet the required standards.

In a statement, the SIA welcomed the decision and said they fully appreciate the significance of Martyn’s Law and the important role the Martyn’s Law Regulator will have.

The statement highlighted that the new responsibility will be separately funded and emphasised that it must not compromise the SIA's existing regulatory role in public protection licensing regulated private security roles.

The Government plans to introduce an implementation period of at least 24 months before the Act is enforced. This timeframe will allow the SIA to establish its new responsibilities and give those in charge of relevant venues and events enough time to fully understand their obligations, ensuring they can plan and prepare effectively.

The Home Office has said: “Whilst those that fall within scope of the Act may wish to begin considering the requirements, they should note that guidance will be published in due course. This guidance will assist in understanding the requirements set out in the legislation. The guidance is being designed to be easy to follow, needing neither particular expertise nor the use of third-party products or services.”

Premises within scope

Premises fall within the scope of the Act if they meet four key criteria. First, there must be at least one building on the premises, or the premises must be located within a building. Second, the premises must be wholly or mainly used for one or more of the purposes listed in Schedule 1 of the Act, such as a restaurant or a shop. Third, it must be reasonable to expect that at least 200 individuals may be present on the premises at least occasionally. Finally, the premises must not be excluded under Schedule 2 of the Act.

If it is reasonable to expect that 800 or more individuals may be present at the premises at the same time, the premises will be considered enhanced duty premises, unless the Act specifies otherwise.

Events within scope

An event falls within the scope of the Act if several conditions are met. The event must take place at premises covered by section 3(1)(a) of the Act, which may include open land without buildings, provided the premises are not designated as enhanced duty premises or part of such premises. The premises must be accessible to members of the public for the purpose of attending the event. It must also be reasonable to expect that at least 800 individuals will be present at one time during the event.

In addition, there must be measures in place to check that entry conditions are met, such as ticket checks. The event must also not fall under any exclusions listed in Schedule 2 of the Act.

Who is considered the responsible person for qualifying premises?

For premises that fall within the scope of the Act, the responsible person is the individual who has control over the premises in relation to its relevant use as defined in Schedule 1 – for example, operating a venue as a sports ground or a hotel. If the premises are used for more than one Schedule 1 purpose, such as a church that also operates a crèche, the responsible person will be the one in control of the premises in connection with whichever use is considered the primary or principal activity.

Who is considered the responsible person for qualifying events?

For qualifying events, the responsible person is the individual or organisation that has control of the premises where the event is being held, specifically for the purposes of the event. Determining who this is will depend on the specific circumstances of the event.

For instance, if a company organises a concert in a public park and takes control of a designated area for the duration of the event, then that company would be considered the responsible person. On the other hand, if a stately home hosts a concert on its own grounds and retains overall control of the site for the event, the stately home itself would be the responsible person, even if it contracts out certain aspects of the event, such as ticketing or security.

What are the requirements for standard duty premises?

Standard duty premises are typically locations where it is reasonable to expect between 200 and 799 people, including staff, to be present at the same time on at least an occasional basis. For such premises, the responsible person must meet two key requirements: they must notify the Security Industry Authority (SIA) of their premises, and they must have appropriate public protection procedures in place, so far as is reasonably practicable.

The obligations for standard duty premises are designed to be simple and low-cost, with the main requirement being time and planning rather than physical security installations. There is no requirement under this duty to implement structural or physical security measures.

These procedures are intended to guide staff in the event of a terrorist incident occurring at or near the premises. They should focus on reducing the risk of physical harm and may include steps for evacuating the building, moving people to a safer area within the premises (invacuation), locking down parts of the premises, and communicating effectively with those on site during an emergency.

What are the requirements for enhanced duty premises and qualifying events?

Enhanced duty premises and qualifying events are those where it is reasonable to expect that 800 or more individuals, including staff, may be present at the same time or attend the event at least occasionally. In addition to the requirements for standard duty premises, the responsible person for enhanced duty premises and qualifying events must meet the following additional obligations:

Firstly, they must have, so far as reasonably practicable, appropriate public protection measures in place. These measures should aim to reduce both the vulnerability of the premises or event to terrorism and the risk of physical harm to individuals in the event of an attack, either at the premises or in the surrounding area. For example, enhanced duty premises should implement measures, to the extent practicable, for monitoring the premises and their immediate vicinity.

Secondly, the responsible person must document the public protection procedures and measures that are in place or planned, and submit this document to the Security Industry Authority (SIA). This document should include an assessment of how the procedures and measures will help reduce vulnerability and/or the risk of harm.

Finally, if the responsible person is an organisation rather than an individual, they must designate a senior person to ensure that the responsible person complies with these requirements.

Figen Murray said: "My son Martyn Hett was murdered alongside 21 innocent victims in the Manchester Arena terror attack on 22 May 2017, and whilst nothing will bring Martyn back, I am determined to ensure nobody endures what my family has experienced.

"For the last 6 years I have campaigned to introduce measures that will improve security at public venues and how they respond to a terror attack - Martyn’s Law.”

Writing for CTB at the end of 2024, Nick Aldworth said: “Of course, we have all come to know that Figen Murray is no ordinary private citizen. The indomitable spirit of a mother, grieving for a lost son, has a power like no other and there are five Prime Ministers, six home secretaries, and seven security ministers in her wake to testify to that.