Guidance for charities - Martyn's Law

Does your charity ever host events open to the public? Charities running some events will have to comply with new requirements to reduce the risk to the public in case of terrorist attack. We first looked at the new rules before they came into force in a blog from February 2025.

Introduced after the Manchester Arena bombings in 2017, the Terrorism (Protection of Premises) Act received Royal Assent on 3 April 2025. Guidance to explain the new laws was issued earlier this month. Here are our key takeaways from the guidance – but it is important that you go through the guidance and apply the new rules to your charity’s particular circumstances as the regime is reasonably complex.

What is a qualifying premises?

There are four elements to this test:

1.   The site meets the definition of premises in the Act 
A building or a building and other land (and for these purposes “building” includes part of a building or a group of buildings). 
accessible to the public to any extent (even only open to members or paying guests). The guidance gives some really useful information about sites with multiple uses or premises forming part of a larger collection of buildings.

2.   The premises are wholly or mainly used for one or more of the uses specified in Schedule 1 to the Act 

There’s a big list it’s worth setting out here – many will be applicable to charities (although I have yet to encounter a charitable aerodrome!)

•    shops etc.
•    food and drink
•    entertainment and leisure activities
•    sports grounds
•    libraries, museums and galleries
•    halls etc
•    visitor attractions
•    hotels etc
•    places of worship
•    health care
•    bus stations, railways etc
•    aerodromes
•    childcare
•    primary and secondary education
•    further education
•    higher education
•    public authorities

3.    It is reasonable to expect that from time to time 200 or more individuals may be present on the premises at the same time 

It is reasonable to expect that, from time to time, 200 or more individuals may be present on the premises at the same time in connection with one or more uses specified in Schedule 1. Note that the frequency is not a factor – if a village hall occasionally hosts more than 200 people it will be a qualifying premises. The guidance includes a document with techniques to help calculate how many people are likely to be at the premises. 

An enhanced duty of protection applies to premises likely to host 800 or more individuals. So a large concert venue regularly hosting big events will have more duties placed on them than a village hall that is unlikely to fit 800 but could at a push for a wedding, perhaps using outside space. Note that premises used for education or childcare will be subject to standard tier rules rather than enhanced tier, even where there are more than 800 individuals on the premises.  

4.    The premises are not excluded from being in scope of the Act, as specified in part 1 of Schedule 2 to the Act

Open air spaces, freely accessible to the public and parliamentary spaces are excluded. Open air spaces that charge for or limit admission, such as an open-air opera, will be qualifying premises.

What is a qualifying event?

The event must be open to the public and attendees must have to have a ticket or other measures are in place to check that attendees satisfy a condition of entry – including membership of a club.

It is important to note that even if you have a qualifying premises, as outlined above, the Act only applies to events at which it is reasonable to expect that at some point during the event 800 or more individuals may be present on the premises at the same time in connection with their use for the event. This legislation impacts big events only.

Who is responsible for ensuring the requirements of the Act are met?
This is not a matter of choice – the Act is clear that the responsible person is the individual, organisation or company that has control over the qualifying premises for the purposes of the use of the premises or the qualifying event.

The responsible person may have already been identified as having responsibility for compliance with other regulations and their requirements, such as health and safety or fire safety. The responsible person may not be a named individual or single person. It is most likely to be a company or an organisation. When the responsible person for enhanced tier premises or a qualifying event is a company or organisation, a senior individual must be designated.

What is the duty?

The Act places a duty on responsible persons to put in place appropriate procedures designed to reduce the risk of physical harm to individuals in the event of a terrorist incident occurring at, or in the immediate vicinity of, the premises or event.

In meeting this duty, the responsible person must assess which procedures are appropriate and reasonably practicable to achieve this objective. This involves balancing the likely effectiveness of any proposed measures against the practical burden of implementation, including considerations of cost, proportionality and feasibility.

The guidance goes into different procedures such as evacuation that might be needed.

Additional duties apply to enhanced tier premises and qualifying events to take steps to reduce their vulnerability to acts of terrorism. They must document the procedures that are in place or are planned, and an assessment of how they expect to reduce the risk of physical harm to individuals and/or reduce the vulnerability of the premises or event. There is also a duty of co-operation where there are individuals and organisations that have control of premises but are not the responsible person.

How does the guidance help charities?

The guidance doesn’t single out charities for any special comments, but it is a comprehensive guide to the requirements of the Act. In particular there are some user-friendly flow charts showing how the requirements may apply to your event.

Who is enforcing these new rules?

The Security Industry Authority (SIA), a Home Office arm’s length body, is the regulator for the Act and will publish guidance on how it exercises its functions, including investigatory powers.

The Act gives the SIA powers to access premises and events for inspections, gather information, and issue civil enforcement measures such as compliance, restriction and penalty notices. In serious cases of non compliance, the Act creates criminal offences and allows the SIA to refer matters for prosecution, including against senior personnel involved in managing or controlling an offending organisation.

On the same day as the Home Office Guidance was published, the SIA launched a public consultation on draft operational guidance, setting out how it intends to carry out its regulatory functions. The two sets of statutory guidance are intended to complement one another and effectively interlink.

What does our charity need to do to prepare for Martyn’s Law?

The guidance makes it clear that a “one size fits all” approach will not be adequate. Charity leaders should expect to consider the specific risks associated with their charity’s particular premises or events and ensure that those risks, and the steps taken to address them, are properly thought through and documented.

Early preparation will be important. Although the Act includes a minimum 24 month implementation period and is not expected to come into force until at least the second quarter of 2027, the publication of detailed statutory guidance means charities can now begin practical compliance planning (although bearing in mind further guidance is due). This may include identifying whether premises or events are in scope, understanding which tier may apply, reviewing existing security and risk management arrangements, and planning proportionate improvements where needed.

Taking early, structured steps will help trustees and senior leaders demonstrate appropriate oversight of these new duties and put the charity in a stronger position when the Act comes into force.

If you would like any advice about Martyn’s Law, please contact Neil Burton or Sarah Williams.

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